End of the H-1B Lottery: Understanding Wage-Weighted Selection

The H-1B program just underwent its most significant structural change in decades. On December 29, 2025, DHS issued a final rule replacing the random H-1B lottery with a wage-weighted selection system—and it takes effect February 27, just before the fiscal year 2027 cap registration season opens in March.

Immigration Nerds host Lauren Clarke sits down with EIG's newest partner Naïanka Rigaud to break down exactly how this weighted system works. They explore the complex legal analysis behind wage level determinations, what the 48% decrease in selection probability means for Level 1 registrants versus the 107% increase for Level 4 candidates, and why simply earning a high salary doesn't guarantee a higher wage level classification.

From geographic wage disparities to potential compliance pitfalls, Lauren and Naïanka cover what employers and foreign workers need to understand right now—including the possibility that registration infrastructure might not be ready, potentially reverting to full petition submissions. This is essential listening for anyone navigating H-1B cap season 2027.

GUEST: Naïanka Rigaud, EIG Partner

HOST: Lauren Clarke

NEWS NERD: Rob Taylor

PRODUCER: Adam Belmar