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USA H-1B Salary Requirement Rules 2026

USA H-1B Salary Requirement Rules 2026

And as an employer or a foreign professional who is planning to file in the March 2026 registration window, the distinction between a successful and an unsuccessful filing is having the knowledge of these new wage mechanics. This guide disaggregates the new Best and Brightest, and the financial impediments of the 2026 cycle.

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The Weighted Selection Framework Way the Lottery Changed

In 2026, the USCIS has substituted the equal-odds lottery with a Wage-Weighted Selection Pool. With this system, you are directly proportional to your Proffered Wage as the chance you will be picked to receive one of the 85, 000 vacancies at hand.

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Lottery “Chances” (1x to 4x)

How many times a beneficiary is placed in the selection pool has become a function of his level of Department of Labor (DOL) wages:

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  • Level 1 (Entry Level): 1 Entry
  • Level 2 (Qualified): 2 Entries
  • Level 3 (Experienced): 3 Entries
  • Level 4 (Fully Competent): 4 Entries.

The result of this change is a colossal Seniority Advantage. Although Level 4 jobs experience an 107 per cent rise in the chance of selection, entry-level applicants experience an Entry-Level Disadvantage, their probability of selection approximated to decline by almost half relative to the previous randomized system.

Wage Mechanics in 2026, Department of Labor (DOL)

In order to enter the 2026 lottery, employers have to learn to utilize the Four-Tier Prevailing Wage System first. The wage level is not arbitrary but it is based on the data on OEWS (Occupational Employment and Wage Statistics).

  • SOC Code Precision: You are required to be covered by a particular SOC Code (e.g., 15-1252 Software Developers).
  • Intended Employment Area: Geography is all. What may be considered Level 3 in Columbus, Ohio may reduce to Level 1 in San Francisco at a salary of $95,000.
  • The Private Wage Survey Penalty: In the case where an employer decides to utilize an independent private survey, instead of OEWS data, to reduce their expenses, USCIS will automatically cost classify that registration to Level 1 (1 Entry) despite the actual amount in the salary.

Financial Obstacles the 100,000 $ Additional Fee

The $100,000 Supplemental Payment, perhaps the most shocking addition to the city of London as 2026, might be the most shocking. This fee, which was the result of a late-2025 Presidential Proclamation, is now an automatic requirement of eligibility to particular petitions.

  • Who Pays? Employers who have submitted a new H-1B petition on behalf of beneficiaries that are not in the United States yet do not have an existing valid visa.
  • The Objective: To deter the offshoring-onshoring concept and secure H-1B visas to high-value talent to warrant a six-figure entry fee.
  • Registration Fee of H-1B: In addition to these, registration fee is still 215 per beneficiary.

Military science & Compliance

Since the selection chances are related to the salary, there is a risk of high temptation to inflate the wages during the stage of registration. USCIS however has put stringent anti-gaming guardrails in place.

  • LCA Consistency: The wage level that was fixed in March registration will have to be recorded and justified when the complete LCA (Labor condition Application) and petition are submitted in April.
  • Bona Fide Job Offer: In case USCIS finds an employer was willing to pay Level 4 salary because it won the lottery, but he was actually willing to pay Level 1, the petition shall be dismissed or revoked on fraud grounds.
  • Multi-Location Rules: In case the employee will be working in various cities, the employer will have to register the weight of its registration using the lowest corresponding level of wage in various cities.

FAQs

  1. Is it possible to earn a Level 1 salary with the Master Degree?

    Yes, but they will be awarded 1 entry in the Master Degree Exemption pool. Increased salaries are useful in the regular and master caps.

  2. Does the fee of $100,000 apply to H-1B transfers (Change of Employer)?

    No. The Proclamation specifically applies to new H-1B petitions on behalf of workers outside the U.S. the transfer of an existing H-1B worker in the U.S. does not prompt this fee.

  3. What in the event of falling between the wage ranges?

    You will have to choose the maximum level of OEWS wage that your proposed salary corresponds to or surpasses.

Final Thoughts

H-1B 2026 has ceased being a game of luck; it is a game of market value. The employers now had to conduct thorough compensation research up to March to determine whether the price of a potential job seeker in the market is high enough to reward them with enough lottery tickets before the time the registration and possibly the $100,000 fee costs a company a worthwhile investment.


Disclosure

This paper is informational and educational in nature. It is recommended to the readers to check information on the sources of credible information, e.g., official websites of the USCIS and the Department of Labor, before making an employment or a legal decision.

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