The H-1B lottery has not been abolished, but the rules changed in February 2026 to use a weighted selection system. Your Level 2 wage does lower your chances compared to higher-paid workers, but you still get twice as many entries as a Level 1 worker. Because the registration window for this year closed in March, your employer must wait until next March to file your registration.
“Since the new 2026 rule abolished the H-1B lottery and replaced it with wage-level selection, when should my employer file my registration and does my level 2 wage hurt my chances?”
Summary
You still have a real path to an H-1B. While the new system favors higher wages, U.S. Citizenship and Immigration Services (USCIS) explicitly designed it to keep the door open for workers at all wage levels.
If you need an H-1B sooner, there is one way to skip the registration timeline and the lottery completely.
If your employer is a U.S. institution of higher education or an affiliated nonprofit, they are . They do not have to go through the electronic registration process and can file an H-1B petition for you at any time.
Read the full explanationHide the full explanation
How the new weighted lottery works
Your premise that the lottery was abolished is slightly off. If USCIS receives more registrations than the annual cap allows, they still run a random selection. However, as of February 27, 2026, that selection is weighted based on your wage level.
Your Level 2 wage does hurt your chances compared to someone earning a Level 3 or Level 4 wage. Under the new rules, a Level 4 wage gives a candidate four entries in the selection pool, and a Level 3 wage gives them three entries. Your Level 2 wage gives you two entries. While this is fewer than higher-paid candidates, it is still better than a Level 1 wage, which only receives one entry.
Next steps
For a cap-subject H-1B candidate with a Level 2 wage as of July 2026, the registration window for the fiscal year 2027 cap season is already closed. It ended on March 19, 2026. Your employer must follow this timeline for the next cycle:
Wait for the next registration period
Your employer cannot file a registration right now. USCIS announces the dates for the registration period each fiscal year, which typically opens in March. Your employer will need to wait until March 2027 to register you for the fiscal year 2028 cap.
Submit the electronic registration
During the open period, your employer will use their USCIS online account to register you and pay the registration fee. They must select your Level 2 wage on this registration.
Wait for the selection results
After the registration period closes, USCIS runs the weighted lottery. If your registration is selected, your employer will receive a notice and can then file your actual H-1B petition.
Legal sources
These are the exact rules that decide your registration timeline and selection chances.
USCIS FY 2027 H-1B Cap Alert
If USCIS receives more registrations than the cap allows, they run a weighted selection process.
For the FY 2027 H-1B cap season, if we receive registrations for unique beneficiaries during the initial registration period that exceed the cap, we will conduct a weighted selection from the unique beneficiaries with properly submitted registrations.
USCIS H-1B Cap Season
A Level II wage gives you two entries in the selection pool, compared to three or four entries for higher wage levels.
registrations for unique beneficiaries or petitions assigned wage level IV are entered into the selection pool 4 times, those assigned wage level III are entered into the selection pool 3 times, those assigned wage level II are entered into the selection pool 2 times, and those assigned wage level I are entered into the selection pool 1 time.
USCIS FY 2027 H-1B Cap Alert
The registration period for the current year closed on March 19, 2026.
U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year (FY) 2027 H-1B cap will open at noon Eastern on March 4 and run through noon Eastern on March 19, 2026 .
USCIS H-1B Cap Season
Petitions filed by U.S. institutions of higher education are exempt from the annual cap.
Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap (for example, petitions filed by U.S. institutions of higher education are cap exempt).
SettleKit is not a law firm and this is general information, not legal advice. Always confirm your specific situation with a licensed immigration attorney.
SettleKit is not a law firm. This is general information, not legal advice.
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