The H-1B lottery, a staple of the H-1B application process, will change its rules regarding who gets access first. The lottery will favor the highest paying applicants instead of giving every applicant an equal chance. Only eighty-five thousand new visas are offered by the government each yearly lottery.

Over the past several months, the government has increased scrutiny towards the H-1B visa program. The government claims employers abused the H-1B to cheaply hire IT and coding. These rule changes are part of inter-agency effort between the Department of Labor (DOL) and the Department of State (DOS).

The new H-1B lottery rules, coupled with the one hundred-thousand-dollar application fee, give larger tech companies an edge. Most larger companies hire visa holders already in the U.S. Smaller employers typically source talent from overseas. However, an analysis of 2025 fiscal data shows that Amazon, Google, Meta, and Microsoft were the four biggest H-1B employers. Instead, the move mostly hurts early-stage startups that can’t afford the fee.

Additionally, international students at American universities will also suffer. This interrupts the biggest entry path for H-1B beneficiaries, as many are recruited from former international students. Finally, the DOL explained it may move visa appointments as resources change. Therefore, petitioners could request expedited slots on a case-by-case basis in the future.

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