DHS Announces Final Rule Imposing Strict Requirements for Employers this H-1B Cap Season
Today, the Department of Homeland Security (DHS) announced a final rule that fundamentally alters the H-1B cap selection process. Effective February 27, 2026, this rule replaces the traditional random lottery with a "weighted selection process" based on salary levels. This change will take effect for the upcoming FY2027 H-1B cap season, which is scheduled to occur in March 2026.
This new rule prioritizes "higher-skilled and higher-paid" workers. Instead of every registrant having an equal chance of selection, the odds will now be determined by the Department of Labor (DOL) Wage Level associated with the job offer.
Each unique beneficiary will be entered into the selection pool multiple times, depending on their offered wage level:
-
- Level IV wages will garner four entries in the random selection process; and
- Level I wages will garner one entry.
New Requirements for Employers
To prevent employers from artificially weighting wages to gain an advantage in the new registration system, several strict requirements are being implemented:
-
- Early Wage Determination: Employers must now provide the SOC code, worksite location, and offered wage level at the registration stage.
- Consistency Mandate: If a registration is selected, the subsequent H-1B petition must match the wage level and position details provided in the registration. Significant changes between registration and filing may lead to denials.
- Multiple Locations: If the job involves multiple work sites, the employer must use the lowest equivalent wage level among those locations for the registration.
- Multiple Employers: If multiple employers register the same beneficiary, the beneficiary will be assigned the lowest wage level offered among all registrations for selection purposes.
Because of these changes to the registration process, employers should coordinate their H-1B registrations with their counsel earlier in the year than they have in the past.
We Are Here to Help
Employers: if you need assistance navigating this new registration process, contact Hinshaw’s immigration team. We are ready to help.
Related People
Related Capabilities
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
