The Trump administration is preparing a fresh set of immigration proposals that could reshape some of the most widely used pathways for foreign professionals and students to enter and work in the United States.
The proposed measures, outlined in the latest regulatory agendas released by the US Departments of Homeland Security (DHS), Labor (DOL) and State, have not yet taken effect. If approved after the federal rulemaking process, they could tighten eligibility requirements, increase compliance obligations for employers and create new hurdles for H-1B visa holders, green card applicants and international students.
India is expected to be among the countries most affected, as Indian nationals account for a significant share of H-1B workers, employment-based green card applicants and international students in the US.
Here are five key changes to watch:
1. H-1B rules could become stricter
The Department of Homeland Security is expected to propose changes to the H-1B program, particularly for employers who place workers at third-party client locations. This is a model commonly used by IT services and consulting firms.
Under the proposal, employers may have to submit additional documentation proving a genuine employer-employee relationship and demonstrate that the worker will perform specialized duties at the client site.
Companies with a history of violating H-1B program rules could also face increased scrutiny when filing future petitions.
2. Employers may have to pay more to sponsor foreign workers
The administration is also considering expanding an existing supplemental fee for certain large employers. If implemented, the fee would apply not only to initial H-1B petitions and change-of-employer filings but also to visa extension applications.
The proposal would affect companies with more than 50 US employees if over half of their workforce is on H-1B or L-1 visas, potentially increasing costs for firms that rely heavily on foreign professionals.
3. Green card sponsorship process could change
The Department of Labor is planning updates to the PERM labor certification process, the first step in many employment-based green card applications. PERM requires employers to show they were unable to find qualified US workers before sponsoring a foreign employee for permanent residency.
The proposed reforms would modernise recruitment standards, consider layoffs of US workers during labour certification reviews and strengthen anti-discrimination measures.
The Labor Department is also considering revisions to prevailing wage calculations, which could increase the minimum salaries employers must offer when sponsoring foreign workers.
4. Student visa rules may become more restrictive
International students could also be affected by proposed changes to the current “duration of status” system. At present, eligible students can remain in the US for as long as they continue to meet the requirements of their academic programs.
Under the proposal, students would instead receive fixed periods of stay and would need to apply for extensions if they require additional time to complete their studies.
The administration is also reviewing the Optional Practical Training (OPT) program, including the STEM OPT extension and Curricular Practical Training (CPT), both of which allow eligible students to gain work experience in the US after or during their studies.
5. H-4 spouses could face work authorisation gaps
Another proposal could affect Employment Authorization Documents (EADs), which allow certain foreign nationals to work legally in the US. The administration is expected to end automatic extensions introduced under an interim rule in 2025.
If processing delays occur, some H-4 visa holders, many of whom are spouses of H-1B workers, could temporarily lose their legal work authorization despite applying for renewal before their existing permits expire.
None of these proposals has become law.
Before taking effect, each measure must go through the federal rulemaking process, including publication of draft regulations, a public comment period and final approval. Some proposals could also face legal challenges.
