The Trump administration has unveiled a new immigration regulatory roadmap that could bring changes to H-1B visas, international student programs, Green Card processes and employer requirements in the US.
The agenda, released through regulatory plans from the Departments of Homeland Security (DHS), Labor (DOL) and State, outlines several proposed and planned rules that could reshape parts of the employment-based immigration system.
However, the roadmap is not a set of final rules.
The proposals will need to go through the federal rulemaking process, including publication, public feedback and review, before they can take effect.
H-1B visa rules could become stricter
The H-1B program, widely used by skilled foreign professionals including thousands of Indian workers, is among the key areas facing potential changes.
According to immigration law firm Fragomen, the Department of Homeland Security is planning reforms that could revise H-1B eligibility criteria, increase compliance checks and tighten rules around third-party placement of H-1B employees.
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{{/usCountry}}The proposed changes could affect employers that hire foreign workers through staffing arrangements or other third-party work models.
The Department of Labor is also considering changes to prevailing wage calculations for H-1B, H-1B1, E-3 visas and employment-based Green Card applications.
Under the proposal, entry-level wage requirements could increase from the current 17th percentile to the 34th percentile for a particular occupation and location. This could raise sponsorship costs for companies hiring foreign workers.
Could international students face fewer work options?
The administration is also considering changes that could impact students on F-1 and J-1 visas.
One proposal would replace the current “duration of status” system with fixed admission periods for international students and exchange visitors. Under such a system, students whose courses continue beyond their authorized period may need to apply for extensions.
Another potential change involves Optional Practical Training (OPT), STEM OPT extensions and Curricular Practical Training (CPT), programs that allow international students to gain work experience in the US.
Any restrictions on these programs could affect students who depend on post-study work opportunities before transitioning to longer-term employment visas.
Green Card process and employer rules may change
The Labor Department is also looking at reforms to the PERM labor certification process, which many employment-based Green Card applicants must complete.
The proposed changes could update recruitment requirements, strengthen protections for US workers affected by layoffs and increase employer compliance obligations.
For companies sponsoring foreign employees for permanent residency, this could mean additional documentation and procedural requirements.
More scrutiny, fees and biometric checks
The immigration roadmap also includes possible changes to public charge rules, biometric requirements and immigration fees. DHS is considering replacing the current public charge regulation with a approach that could increase scrutiny of applicants seeking adjustment of status.
The administration is also looking at expanding biometric collection requirements for immigration applicants and certain employer representatives.
Immigration fees could also rise, with potential increases across some visa categories, including possible adjustments to the EB-5 investor visa fee structure.
Fragomen said the details of the upcoming regulations will remain confidential until they are published officially in the Federal Register. “The specifics of anticipated proposed and final regulations are confidential until each is released for publication in the Federal Register,” the firm said, adding that agency timelines can often change.