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H-1B Lottery Odds: How Weighted Selection Works

For years, the H-1B cap lottery was purely random: every registration had the same odds, regardless of salary or job level. That changed on February 27, 2026. The Department of Homeland Security (DHS) finalized a rule, published December 29, 2025, that replaces the random draw with a wage-weighted selection process, first used for the FY 2027 H-1B cap registration season.

Under the new system, each registration is entered into a single selection pool a number of times tied to its Department of Labor OEWS (Occupational Employment and Wage Statistics) wage level: Level IV, the highest paid tier for the occupation, gets four entries, Level III gets three, Level II gets two, and Level I gets one, a 4:3:2:1 ratio. More entries mean proportionally better odds. DHS projects this drops a Level I registrant's selection probability to about 15.29%, roughly half of the about 29.59% baseline every registrant had under the old, equal-odds lottery.

Check your wage level

Your wage level comes from your employer's Labor Condition Application (LCA), based on Department of Labor OEWS wage survey data for your occupation and location. It is not something you choose yourself, ask your employer or immigration counsel if you are not sure which level applies to your role.

Select your wage level above to see how many times you are entered, and your odds.

Not selected? Here are your real options

This is general information, not legal advice. Every situation is different, and a licensed immigration attorney can tell you which of these actually fits your case.

Cap-gap extension

Cap-gap only applies if your registration was selected and your employer filed a timely H-1B petition requesting a change of status: it automatically extends your F-1 status and any current OPT or STEM OPT work authorization while that petition is pending. If your registration was not selected at all, cap-gap does not apply, so plan around your actual OPT or STEM OPT expiration date using the options below.

STEM OPT extension

If you have a STEM-designated degree, have not already used a STEM OPT extension for that degree level, and your employer is enrolled in E-Verify, you may be able to extend your work authorization by up to 24 months. That buys time to re-register in a future H-1B cycle or pursue another path.

O-1 visa

The O-1 is for individuals with extraordinary ability or achievement in their field. It is not subject to the annual H-1B cap or lottery, but it has its own fairly high evidentiary bar: an employer or agent has to petition on your behalf and document the required criteria.

Day-1 CPT

Some schools offer Curricular Practical Training authorization starting on day one of a new academic program, letting a student work full-time right away. Treat this option with real caution: it has drawn heavy scrutiny from USCIS and immigration enforcement, and a poor choice of school or program can put your immigration status at risk. Research any school offering this thoroughly, and talk to an attorney, before enrolling.

Cap-exempt or concurrent H-1B employers

Universities, nonprofit entities affiliated with a university, and nonprofit or government research organizations can sponsor H-1B status without going through the annual lottery. Some people also hold a cap-exempt H-1B while working concurrently for a separate, cap-subject employer. Whether this fits your situation depends on the specific employer and role.

Consular processing if you are abroad

If you are outside the United States, or willing to be, some employers can pursue H-1B consular processing in a future registration cycle instead of a change of status filed from inside the US. This changes the timing pressure: you are not racing a domestic status expiration, but you do need a plan for the time before a visa is approved.

Re-register next cycle

The H-1B cap lottery runs every year. If you are not selected, you can register again in the next registration cycle. Nothing about this cycle's result carries over or counts against you.

Frequently asked questions

Is the H-1B lottery still random?+
No, not entirely. Effective February 27, 2026, DHS replaced the purely random H-1B cap selection process with a wage-weighted one. Registrations tied to higher Department of Labor wage levels are entered into the selection pool more times, so they have proportionally better odds than lower wage-level registrations. The final rule was published December 29, 2025, and first applies to the FY 2027 H-1B cap registration season.
How many times is my registration entered under the new rule?+
The number of entries matches your wage level: Level I gets one entry, Level II gets two, Level III gets three, and Level IV gets four, a 4:3:2:1 ratio. Your wage level comes from your employer's Labor Condition Application, based on Department of Labor OEWS wage survey data for your occupation and location. It is not something you choose yourself.
What are my odds of selection at each wage level?+
DHS projects that a Level I registrant's chance of selection drops to about 15.29%, roughly half of the about 29.59% baseline every registrant had under the old, purely random lottery where all wage levels were treated equally. DHS has not published exact selection percentages for Levels II, III, or IV. Those levels get more entries than Level I, so proportionally better odds, but this page will not invent a number USCIS has not published.
What happens if my H-1B registration is not selected?+
You still have options. Depending on your situation, these can include a STEM OPT extension if you qualify, an O-1 petition, cap-exempt or concurrent H-1B employers, day-1 CPT (approach with caution), consular processing if you are abroad, and simply re-registering in the next cap season. This is general information, not legal advice: a licensed immigration attorney can help you weigh which options fit your case.

GreenLight is an independent tool and is NOT affiliated with USCIS, DHS, or any US government agency. Nothing on this page is legal advice or a guarantee of your selection, case outcome, or timeline. Always verify the current rule and your options at uscis.gov/h-1b or with a licensed immigration attorney before making a decision.