H-1B Wage-Level Lottery: Why Tech Workers Are Turning to Behring for EB-5

A software engineer earning $85,000 submits an H-1B registration. A principal engineer at the same company, earning $210,000, submits one too. Under the old random lottery, their odds were roughly equal. Not anymore. The H-1B wage-level lottery, in effect since February 2026 and first applied in the FY 2027 cycle, weights selection toward higher-paying roles, and early-career tech workers lose ground.

How the H-1B Wage-Level Lottery Works, and Who It Squeezes

USCIS now groups registrations by the Department of Labor’s (DOL) four prevailing-wage levels and selects from the highest down. Level 4 roles clear first, then Level 3, and the annual cap can be exhausted before Level 1 and Level 2 are reached. When demand runs far past the cap, that ordering decides who gets a shot.

The effect is blunt. A data scientist offered $95,000, where the Level 1 wage is $80,000, may now face far lower odds than under the random draw, while a senior colleague at $180,000 sails through. For workers facing repeated non-selection, Behring’s H-1B to EB-5 guide maps the bigger picture, while its walkthroughs on converting an H-1B to EB-5 and the step-by-step conversion process lay out an alternative, as do the options for employees facing an H-1B layoff, and the broader wave of tech layoffs.

Why Tech Workers Are Turning to Behring for EB-5

EB-5 runs on different rules: no lottery, no employer sponsor. Under 8 CFR 204.6, an investor self-petitions on Form I-526E (Immigrant Petition by Regional Center Investor) through a qualifying investment that creates at least 10 jobs, with an $800,000 minimum in a Targeted Employment Area (TEA) project. The EB-5 Reform and Integrity Act of 2022 (RIA) also created rural, High Unemployment Area (HUA), and infrastructure set-aside categories that can carry shorter waits. For an H-1B holder already in the U.S., concurrent filing of the I-526E and I-485 may be available when a visa number is current, providing work authorization independent of any employer.

Behring is a vertically integrated developer and operator in the San Francisco Bay Area, where many of these workers already live, so the team building the real estate is the team managing the EB-5 investment. Behring’s RISE Fund and CIVIC projects have each received I-956F (Application for Approval of an Investment in a Commercial Enterprise) approval from USCIS. Many of Behring’s investors are Indian professionals who faced the same H-1B uncertainty, and you can hear them describe the process in their own words in Behring’s investor testimonials. To weigh EB-5 against your own H-1B odds, you can schedule a consultation or request an EB-5 investment plan.

Important Disclosures

This article is provided for general educational purposes only and does not constitute legal, tax, investment, or immigration advice. EB-5 eligibility, project risks, and immigration outcomes depend on specific facts, evolving USCIS policy, and individual legal strategy. Investors should consult their own qualified immigration and securities counsel regarding how these concepts apply to their particular circumstances. References to USCIS, precedent decisions, or attorney commentary are descriptive only and do not imply any guarantee of outcome in any specific case.