Introduction
The H-1B cap selection system administered by U.S. Citizenship and Immigration Services (USCIS) no longer operates as a purely random lottery. Under the current regulatory framework, registrations are ranked and selected based on prevailing wage levels, meaning that the manner in which a petition is structured—specifically the SOC classification, worksite location, and job design—has a direct and material impact on the probability of selection.
As a result, many highly qualified professionals who were previously advised that they have “low chances” are, in fact, eligible to file competitive cap-subject H-1B registrations when their positions are properly classified and documented.
How the Wage-Based Selection System Works
USCIS assigns every H-1B registration to one of four prevailing wage levels under the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) system:
| Wage Level | Description |
| Level IV | Highly experienced or specialized professionals |
| Level III | Experienced professionals performing complex duties |
| Level II | Fully competent professionals performing standard professional duties |
| Level I | Entry-level or supervised professionals |
USCIS selects registrations in descending order, beginning with Wage Level IV and continuing downward until the annual numerical cap is met. This means that higher wage levels are selected first, and lower wage levels are only reached if sufficient visa numbers remain available.
Therefore, a registration filed at Wage Level II or III enters a substantially stronger selection tier than a Level I registration.
What Determines Wage Level Classification
A wage level is not determined solely by salary. It is calculated based on three legally defined variables:
- SOC Code (Standard Occupational Classification)
- Worksite geographic location
- Job duties, skill requirements, and experience level
Two positions with identical salaries may fall into different wage levels depending on how they are classified. A role incorrectly placed under a generic or outdated SOC code may fall into Wage Level I, while the same role properly classified under a modern, specialized code may qualify for Wage Level II or III.
The Role of SOC Code Strategy
The Department of Labor recognizes multiple occupational codes for technology, engineering, data science, finance, and business professionals. Selecting the correct SOC code is a legal determination that must reflect the actual job duties and not merely a job title.
Improper SOC classification often results in:
- Lower prevailing wage assignments
- Placement into Wage Level I
- Reduced competitiveness in the USCIS selection system
Accurate classification allows a case to be evaluated at its true professional level.
Geographic Wage Optimization
Prevailing wage levels vary by geographic area. A position classified as Wage Level I in one city may qualify as Wage Level II or III in another.
Where remote or hybrid work is permitted, lawful worksite planning allows the registration to reflect the most accurate and favorable prevailing wage tier consistent with Department of Labor regulations.
6. The Dual-Path Filing Strategy
Strategy A — Targeting Wage Level II or III
The preferred approach is to structure the position so it legitimately qualifies for:
- Wage Level II, or
- Wage Level III
This is achieved through:
- Accurate job duty drafting
- SOC code validation
- Worksite-based wage analysis
Wage Level III registrations are typically selected before USCIS reaches Wage Level II.
Strategy B — Wage Level II Still Provides Real Opportunity
Even when Wage Level III is not available, Wage Level II remains a strong category. Recent USCIS data shows that approximately 25%–35% of Wage Level II registrations are selected annually, making this category far more competitive than Wage Level I.
Why Many Candidates Are Incorrectly Discouraged
Many qualified professionals are told they have “low chances” because:
- Their job was misclassified
- Their SOC code was incorrect
- Their wage level was unnecessarily lowered
These are filing errors, not eligibility issues.
How Immigration Fleet Helps You Compete Successfully
Immigration Fleet is not a document-filing service. It is a compliance-driven H-1B strategy and case management platform designed to align employer job structures with federal wage and classification rules.
Immigration Fleet supports H-1B cap success through:
a. SOC Code Intelligence
Our system evaluates job duties against Department of Labor occupational standards to identify the correct and strongest legally defensible SOC classification for each role.
b. Wage Level Optimization
We analyze prevailing wage data across multiple geographic locations to determine whether the role qualifies for Wage Level II or III under federal guidelines.
c. Job Duty Compliance Review
Immigration Fleet ensures job descriptions are drafted in a way that accurately reflects the professional complexity required by USCIS and the Department of Labor, supporting higher wage tier eligibility.
d. Location-Based Wage Strategy
Where permitted, we help employers identify compliant worksite options that allow the position to be filed at the appropriate prevailing wage level.
e. Attorney-Guided Case Design
All filings supported by Immigration Fleet are reviewed and finalized by licensed U.S. immigration attorneys to ensure that every strategic decision is lawful, defensible, and compliant.
Conclusion
In today’s wage-ranked H-1B selection system, success depends on legal precision, classification accuracy, and wage strategy.
Through correct SOC coding, worksite analysis, and wage-level positioning, many professionals who would otherwise fall into low-priority lottery categories can be elevated into highly competitive selection tiers.
Immigration Fleet provides the technical, legal, and strategic framework that allows employers and candidates to enter the H-1B cap process with strength, compliance, and confidence.
