Wage level weighting

When registrations exceed available cap numbers, USCIS conducts a weighted selection for each unique beneficiary based on the OEWS wage level assigned to that beneficiary. Higher wage levels receive more entries:

• Level I (entry-level): 1 entry
• Level II: 2 entries
• Level III: 3 entries
• Level IV (highest): 4 entries

During registration (typically March), the registrant selects the highest OEWS wage level that the proffered wage will equal or exceed for the job's SOC code and the area(s) of intended employment, using the OEWS wage data in effect on the date of registration.

SOC code and work location rules

The SOC code drives the wage data used for selection and must accurately reflect the job's duties. Inaccurate classification can create inconsistencies between the registration, the LCA, and the petition, and may lead to denial.

• Multiple locations: If a beneficiary will work in multiple areas of intended employment, the registration must use the lowest corresponding OEWS wage level that the proffered wage will equal or exceed across those locations. The petition must list the actual worksite address(es), supported by the LCA(s) covering those areas.
• Location changes: USCIS may accept certain changes in the area(s) of intended employment between registration and petition if consistent with a bona fide job offer at the time of registration. If the change would place the proffered wage at a lower OEWS wage level, USCIS may treat it as a potential attempt to game the system and can deny or later revoke.

Registration and petition integrity

The petition must contain and be supported by the same identifying and position information (including the SOC code) provided in the selected registration, and the SOC code must be indicated on the LCA. Material inconsistencies can lead to denial.

• Duplicate registrations: USCIS assigns each unique beneficiary to the lowest OEWS wage level among all registrations submitted on the beneficiary's behalf, removing any selection advantage from duplicate filings.
• Bona fide job offers: Registrations must reflect real job offers for actual positions. Submitting registrations for non-existent jobs violates the attestation and can result in denial, revocation, and fraud investigation.
• Related entities and post-selection changes: USCIS may deny (or revoke approval of) a new or amended petition filed by the petitioner or a related entity if it appears intended to unfairly decrease the proffered wage level compared to what was selected at registration.

Petition documentation requirements

Selected petitions must include (as applicable):

• Wage level support: Evidence supporting the wage level basis (for example, OFLC Wage Search printout as of the registration date).
• Identity verification: Copy of the beneficiary's passport showing the passport number used in registration.
• Consistency: Petition information consistent with the selected registration (including SOC code) and the LCA.
• Certified LCA: Must cover the relevant area(s) of intended employment and support the proffered wage.

Advanced degree exemption

The 20,000 advanced degree exemption remains. U.S. master's and PhD holders get two chances: first in the regular cap selection, then in a separate advanced-degree selection if not selected initially. Both selections use the same wage-level weighting system. DHS did not add extra weight for STEM degrees.

Implementation timeline

• Dec 29, 2025: Final rule published.
• Feb 27, 2026: Final rule effective (60 days after publication).
• March 2026: DHS intends to implement for the FY 2027 cap season registration period.
• Oct 1, 2026: Typical start date for FY 2027 cap employment (subject to USCIS selection and approval).