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ARTICLE · 06 JANUARY 2026

Major H-1B Visa Changes: New Rules For H-1B Visa Lottery And $100K Fee Upheld

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In September 2025, the Department of Homeland Security (DHS) proposed to change the H-1B lottery selection process.

United StatesImmigration
Maka Y. Hutson
Maka Y. Hutson
Catherine Van Auken
Catherine Van Auken
Johanna Pang
Johanna Pang
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In September 2025, the Department of Homeland Security (DHS) proposed to change the H-1B lottery selection process. The winners of the annual H-1B lottery are foreign national hires who can then be sponsored by U.S. employers to temporarily work in certain specialty occupations that require at least a bachelor's degree. After accepting comments, DHS released its final rule on December 29, 2025, without any changes to the previously proposed language. The new rule will increase the odds of selection for highly paid beneficiaries and decrease the odds of selection for lower paid beneficiaries, including entry-level employees.

Impacts of the Rule

  • Beneficiaries assigned to the highest wage level will be entered into the lottery four times, increasing their odds of selection to 61% (an increase of 107%).

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