USA H-1B Salary Requirement Rules 2026

According to Final Rule, beginning in 2026, the H-1B wage-based requirement has moved past the compliance checkbox to become the most essential factor in obtaining a U.S. work visa.1 After the December 29, 2025 Final Rule, the random lottery has officially been superseded by a Wage-Weighted Selection System by the Department of Homeland Security (DHS).

No matter whether you are an employer preparing your FY 2027 filing or a candidate considering a job opportunity, your lottery fortune is now directly tied to your paycheck.3 This guide will DE-juris in the new 2026 rules, the 4-tier weighting system and how to go around the huge $100,000 entry surcharge.a

Wage-Based Selection 2026

These particular terms are crucial in the correct registration in the new era of the weighted entry:

Weighted Entry System: The system in which the higher level of wage is allocated more of the number of tickets in the lottery (Level 4 = 4 tickets; Level 1 = 1 ticket).4
OEWS Wage Data: Occupational Employment and Wage Statistics (2025-2026 series) data available on the DOL to determine local salary standards.5
LCA Compliance: The Labor condition Application (Form ETA- 9035E) obligates the employer by law to pay the Prevailing the wage.
Geographic Factors: The variance of Level 4 salary in Austin, Texas in Metropolitan Statistical Area (MSA) may not even be Level 2 in San Francisco, California.

H-1B Salary Requirement and Probability 2026.

The process of selection is no longer arbitrary.6 Beginning with the 2026 registration period, USCIS will give preference to higher-paid and higher-skilled professionals.7 The way your salary level influences your chances mathematically is below.

Tier of Wage Description of Skills Level Lottery weight 2026 Avgas Salary (Est.)

Level IV Fully Competent / Expert 4 Entries $162,528+
Level III Experienced / Senior 3 Entries $131,454 +.
Level II Qualified / Mid-level 2 Entries $ 103,071+.
Level I Entry-level / Routine 1 Entry ~$85,006+

How the Weighting Works

With 500,000 applicants for the 85,000 vacancies, a Level IV applicant is counted as having four distinct individuals in the pool, in reality doubling their statistical chance of being selected as compared to a Level I applicant.8

High-Impact Salary Shifts in 2026

The Lowest Worksite Wage Rule

In case a beneficiary has a job in more than one place (e.g., a hybrid job between a client office in NYC and a home in New Jersey), the 2026 regulations will have the employer choose the wage rate that the salary would receive in the most of all the listed places.9

Compliance Risk: When you live somewhere with compliance of $110k, Level 3 in NJ but Level 1 in NYC, you can only enter once into the lottery.

Restrictions of the Private Wage Survey

Although you may submit your LCA by way of a private survey (such as Redford or Mercer), H-1B Registration system will default any non-OWES survey to Level 1 (one entry).1

Strategic Hint: You have a higher selection chances when bench marking to official DOL OEWS information when in the March registration period.

The “Ability to Pay” & $100,000 Fee

To applicants who are already not based in the U.S., September 2025 Proclamation directs an reimbursement entry surcharge of $100,000.

Audit Trigger: USCIS currently uses startups or small companies Ability to Pay Rf Es (Request for Evidence) when the annual revenue of the firm is not sufficient to comfortably afford the fee and salaried Level 3/4 amount

2026 Salary Audit Checklist

In order to prevent a denial based on a Material Misrepresentation, make sure that your filing complies with the four 2026 standards:

Selection-to-LEA Match: On the final LCA that you file in April, your asserted level of wages should be equal (or greater) to the level that you asserted during the March registration.
Inflation Adjustment: Provide the base salary with costs of living adjustments that have been given by the Bureau of Labor Statistics on January 1, 2026.
Bonus Exclusion: There cannot be more performance bonuses and the so-called potential commissions to be paid to reach the necessary prevailing wage level. It is only the base proffered wage that matters.
Master Cap Interaction: A U.S. Master degree will put you in the 20,000-seat exemption, but will still weight your entries into that pool by your wage level.12

FAQ

Does a junior developer have a chance to be a Level 4?

Yes, as long as the salary provided is in the 90 the percentile of developers in that particular city. The amount of pay is used to assess the level and not the job title.14

Is this applicable to transfers of H-1B (Change of Employer)?

No. The wage-weighted lottery is only used in cap-subject petitions (new visas).15 Transfers and extensions are not subject to the lottery weighting of the regular prevailing wage regulations.

What it the DOL changes wages mid-year?

You have to satisfy the wage rates in effect on Registration (March). Should you be chosen, then your LCA should indicate data which is active at the time when the filing is done.

Conclusion

This situation is the most competitive ever in the H-1B season of 2026. As the shift is made to a “Pay-to-Play” system, coordination between HR, Finance, and Legal teams should never be an option anymore, it should be the only way to win.16

Disclaimer

This is an informational and educative article. It is recommended that readers should ensure that the information they get is verified by reliable sources, including the official USCIS site, or a competent immigration lawyer, to make a decision.