Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)

In the new H-1B lottery system to be implemented in March 2026, the chances of selection are determined by the level of the prevailing wage standard that the job meets. Specifically, a position with an offered wage that meets the first-level prevailing wage standard will have only one slot in the lottery; the second-level prevailing wage will have two slots in the lottery system; the third-level prevailing wage will have three slots in the selection system; and the position that meets the fourth-level, the highest level, standard will have fou ＇r slots in the lottery system, which has a much higher chance of being selected compared to a level one wage position. These prevailing wage levels, ranging from level one to level four, are defined by the Department of Labor’s system. Therefore, achieving a higher prevailing wage level translates directly into a significant advantage in the lottery, increasing the likelihood of selection.

Secondly, it’s important to note that the prevailing wage is determined by the employee’s actual work location, not the employer’s headquarters. Thirdly, many positions now offer remote work possibilities, and it’s quite common to see H-1B remote work approvals, especially in tech and computer-related fields.

For example, a software engineer in Silicon Valley might need to earn around a $210,000 annual salary to meet the fourth-level prevailing wage, and a $150,000 annual salary may only qualify for level one prevailing wage, whereas in a Midwestern region, an annual salary of $150,000 may meet the level four prevailing wage.

If an employee has the flexibility to work remotely, choosing a location with a lower prevailing wage can allow them to meet a higher wage level and consequently gain more lottery chances. In other words, the same wage figure can yield different lottery odds depending on the work location. Therefore, by strategically selecting a region with a lower prevailing wage, an employee can effectively increase their chances of selection.

Please be reminded that the remote work arrangement must be in good faith and consistent with the employer’s HR policies and practices. Furthermore, the H-1B work location is going to be enforced only when the H-1B starts, that is, on or after the H-1B effective date.

In summary, leveraging remote work flexibility to choose a location that allows for a higher prevailing wage level is a smart strategy to enhance H-1B lottery odds.

About the Author

Attorney Jian Joe Zhou is a Managing Partner at Zhang & Associates, P.C., with over 20 years of experience in business immigration law. He has successfully handled thousands of immigration cases, including complex H-1B petitions across various industries.

For legal inquiries, you may contact Attorney Zhou at jzhou@hooyou.com.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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(01/23/2026)