The Donald Trump administration has unveiled a broad immigration regulatory roadmap that signals possible changes to employment-based visas, international student programs and Green Card procedures in the United States. While the proposals could significantly affect foreign workers and employers, they are not yet law.
The measures have been outlined in regulatory agendas released by the US Departments of Homeland Security (DHS), Labour (DOL) and State. Before any of the proposals can take effect, they must go through the federal rulemaking process, including publication, public consultation and review.
H-1B rules may become tougher
Among the biggest areas under review is the H-1B visa programme, widely used by skilled foreign professionals, including a large number of Indian workers.
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According to immigration law firm Fragomen, DHS is considering changes that may tighten H-1B eligibility requirements, increase compliance checks and introduce stricter rules for third-party placement of H-1B employees. If implemented, the changes could affect employers that rely on staffing firms or third-party work arrangements, Hindustan Times reported.
The Department of Labour is also evaluating revisions to prevailing wage calculations for H-1B, H-1B1, E-3 visas and employment-based Green Card applications. The proposal could raise the minimum wage benchmark for entry-level positions from the 17th percentile to the 34th percentile, potentially increasing hiring costs for sponsoring employers.
Student work programmes under review
International students on F-1 and J-1 visas could also see changes if the proposals move forward.
One proposal seeks to replace the existing “duration of status” system with fixed periods of admission. Students whose academic programmes extend beyond the approved period may have to apply for an extension.
The administration is also reviewing Optional Practical Training (OPT), STEM OPT extensions and Curricular Practical Training (CPT), which allow eligible students to gain work experience in the US. Any restrictions on these programmes could affect post-study employment opportunities, HT reported.
Green Cards, fees and compliance
The roadmap also outlines possible reforms to the PERM labour certification process, including updated recruitment requirements, stronger safeguards for US workers after layoffs and additional employer compliance measures.
DHS is further exploring changes to public charge rules, broader biometric collection requirements and higher immigration fees across some visa categories, including the EB-5 investor programme.
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Fragomen noted that the proposals remain confidential until formally published. “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.
FAQs:
Are Trump’s new H-1B immigration proposals in effect now?
No, they are proposed measures and must complete the federal rulemaking process before taking effect.
Could the proposed rules affect international students in the US?
Yes, the roadmap includes possible changes to OPT, CPT, STEM OPT and student visa admission rules.
