The H-1B visa lottery has always been competitive. Each spring, the U.S. government selects 110,000 new visa recipients. Last year, nearly half a million people applied. Now, the rules are changing. Big tech companies may benefit, but international students and smaller startups could face more challenges. While large tech firms are adapting well to the new H-1B system, many startups are finding it harder.
Higher Pay = Better Chance?
This fall, the Trump administration introduced new rules. Immigration lawyers say these changes will make it easier for some people to get a visa, but harder for others. The Department of Homeland Security is reviewing public feedback before making the rule final.
With the new $100,000 application fee, it is clearer who benefits and who does not. The lottery may now favor people with higher salaries. Those in the top pay bracket could get four chances, while those in the lowest bracket still get only one. Machine-learning researchers with high salaries may now have a much better chance than junior developers at smaller companies.
The government says it wants to prevent companies from using H-1B visas to hire lower-paid IT workers. The president said the program has sometimes replaced American workers with people willing to work for less. Several lawsuits have been filed against the new fee. Sser, a USCIS spokesperson, told Business Insider: “The rule helps American workers and also makes sure that H-1B visas are going to the talented, high-skill people that we need.”
The State Department is also looking harder at H-1B workers and their families. They’re checking social media and online activity. Because of this, some consulates have had to cancel or reschedule appointments. If you need your request done fast, that’s still possible. Advantage
Immigration lawyers believe these changes benefit large tech companies. The $100,000 fee mostly affects new applications from abroad. Big tech firms often hire people who already have visas or are graduating from U.S. schools, so they pay less in fees. In fiscal 2025, Amazon got the most H-1B approvals, with 4,644. Next came Meta, Microsoft, and Google. It’s the first time those four were on top.
“Big companies can just pay the fee to get the people they want,” said Edward Raleigh, a partner at Fragomen, which helps companies with immigration. Companies able to pay the fee may do even better because there is less competition.
Small startups may not have enough money to compete. Many founders pay themselves little so they can grow their companies. This puts them in a lower pay bracket and reduces their chances of getting a visa. It could be good for AI startups that already pay a lot.
New graduates will also have fewer chances because they earn lower salaries. Some companies have already withdrawn job offers to international students due to the fees and changing rules.
The government says these changes are good for American workers. American software engineers may now have a better chance of getting a job as companies reconsider their hiring needs.
“American engineers could be a better option than hiring people from somewhere else,” said Ted Chiappari, who runs the immigration group at Duane Morris. “The government is trying to keep employers and applicants on their toes. It’s part of their game.”
