The process integrity rule prohibits wage level downgrade after selection. Here is what employers must verify before filing April 1 and the RFE risk if there is a mismatch.
If your H-1B was selected in the FY2027 lottery, one of the most critical compliance steps before filing is verifying that your Labor Condition Application (LCA) wage level matches the wage level registered in the lottery. Under USCIS process integrity rules introduced in 2021 and tightened for FY2027, you cannot register at a high wage level to improve odds, then downgrade the wage level on the actual petition. Violations can result in petition denial, RFEs, and debarment from future registrations.
Quick Answer: If you were selected in the FY2027 H-1B lottery, your LCA wage level on the actual petition must match the wage level from your registration. You cannot register at Level 3 or Level 4 to get better odds, then file at Level 1 or Level 2. USCIS cross-checks registration and petition data. Mismatches trigger RFEs and potentially fraud investigations. Employers must certify an LCA at the registered wage level before filing. Deadline: petition must be filed by June 30, 2026.
| Company | H-1B Filings | Avg Wage Level |
|---|---|---|
| Amazon | 55,150 | Level 2-3 |
| Microsoft | 34,626 | Level 2-3 |
| 33,416 | Level 3 | |
| Infosys | 32,840 | Level 1-2 |
| Tata Consultancy Services | 28,950 | Level 1-2 |
| Cognizant | 26,700 | Level 1-2 |
| Deloitte | 18,200 | Level 2-3 |
| Apple | 15,800 | Level 3 |
| Meta | 14,900 | Level 3-4 |
| JPMorgan Chase | 12,400 | Level 2-3 |
USCIS's process integrity rule was designed to prevent gaming of the wage-weighted lottery. When an employer registers an H-1B beneficiary, they declare the job title, SOC code, worksite, and wage level. That wage level is used to place the registration in the appropriate lottery tier — Level 1 (15% odds), Level 2 (31%), Level 3 (46%), or Level 4 (62%). The rule prohibits employers from inflating the wage level at registration to access higher-odds tiers, then reducing it on the actual I-129 petition.
For FY2027, USCIS has signaled enhanced scrutiny. Officers are instructed to cross-reference the selection notice data against the filed I-129 and certified LCA. If the LCA reflects a lower wage level than the registration — or if the actual offered wage is materially lower than what the wage level implies — the petition is at serious RFE risk. In egregious cases involving intentional misrepresentation, USCIS can refer the matter to the DOL Wage and Hour Division and bar the employer from future H-1B registrations.
The new mandatory Form I-129 (effective April 2026) includes a specific attestation about wage level consistency with the original registration. This is a new compliance checkpoint that attorneys and HR teams must prepare for before the April 1 filing window opens.
Every employer filing an FY2027 H-1B petition should verify these items before submitting:
Search 45,000+ verified sponsors. See wage levels filed, approval rates, and DOL LCA data by company and role.
Search H-1B Sponsors Free →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →No. Under USCIS process integrity rules, the LCA wage level on your petition must match the wage level you declared during registration. Filing at a lower level is a red flag for lottery gaming and triggers RFEs. In serious cases USCIS can deny the petition and bar the employer from future registrations.
Your LCA must be certified at a wage level where your offered salary meets or exceeds the prevailing wage for that level. If your salary is $120,000 and Level 2 prevailing wage is $115,000 while Level 3 is $135,000, you must file at Level 2 — and your registration should have been at Level 2. If you registered at Level 3 but cannot meet Level 3 wages, consult an immigration attorney immediately.
Yes. The April 2026 mandatory Form I-129 includes an attestation section where the petitioner must certify that the wage level in the petition is consistent with the wage level declared during the original lottery registration. This is a new compliance checkpoint compared to prior years.
High. USCIS has automated cross-referencing between the registration database and filed petitions. A mismatch will likely trigger an RFE asking the employer to explain why the wage level changed. If the explanation is inadequate, expect denial. If USCIS determines the mismatch was intentional, the case can be referred for fraud investigation.