The Donald Trump administration is preparing to introduce a fresh set of immigration rules that could tighten regulations for H-1B visas, employment-based green cards and student visas. If implemented, the proposed changes are expected to have the biggest impact on Indian professionals and students.
The proposals are part of the latest regulatory agenda of the US Department of Homeland Security (DHS), Department of Labour (DOL) and Department of State (DOS). While the rules are yet to go through the formal rulemaking process, they provide the clearest indication so far of the administration's immigration priorities.
Automatic EAD Extensions To End
The proposed rules would also end automatic extensions for Employment Authorisation Documents (EADs). If implemented, these changes are expected to affect Indian professionals and students the most.
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If enacted, the proposed rule would not allow people to work when their work permits expire as they await application approval. However, they’ll have to wait until they receive their approved renewed EAD from the US Citizenship and Immigration Services (USCIS).
H-1B Visa Rules Set To Get Stricter
Among the most significant proposals are changes to the H-1B visa programme, with a draft expected in August.
The DHS plans to tighten eligibility for certain exemptions from the annual H-1B cap of 85,000 visas. At present, US universities and qualifying research institutions are exempt from the annual H-1B lottery and can hire eligible foreign workers throughout the year.
The administration is also planning to impose stricter requirements on employers who place H-1B workers at third-party client locations and increase scrutiny of companies with a history of violating H-1B regulations. Employers may be required to prove a genuine employer-employee relationship, establish that workers perform speciality occupation duties at client sites and maintain additional documentation.
Higher Costs For Employers
Another proposal would expand the additional 9/11 Response and Biometric Entry-Exit Fee for certain employers that rely heavily on H-1B and L-1 workers.
At present, large employers pay this fee only for new H-1B or L-1 petitions and change-of-employer applications. Under the proposed rule, the fee would also apply when companies seek extensions for existing employees, increasing costs for firms that depend on foreign workers.
The DOL is also planning to increase prevailing wage levels for H-1B and employment-based green card applications by raising entry-level wage requirements under its four-tier wage structure. If approved, employers sponsoring foreign workers could face significantly higher hiring costs.
Changes To Employment-Based Green Cards
The DOL is anticipated to introduce significant changes to the PERM labour certification process that employers must satisfy before they are eligible to file for employment-based green card petitions.
The proposed recruitment rules would overhaul labour market testing, introduce stronger prohibitions on layoffs prior to hiring overseas workers and enhance anti-discrimination compliance during hiring, the department said. The current system was put in place in 2004, but no longer represents today's hiring processes, it added.
International Students May Face Shorter Visa Validity
International students are also expected to be affected. The administration plans to replace the current "duration of status" system with visas issued for a fixed period.
Under a previously considered draft version of the proposal, the term for student visas would have been limited to four years, and students then would need to apply for an extension in order to study longer in the US.
India remains the largest source of international students in the United States, with around 3.6 lakh Indian students enrolled during the 2024-25 academic year, according to the latest Open Doors Report.
The administration is also expected to review the Optional Practical Training (OPT) programme. Proposed changes, expected in 2027, could restrict the two-year STEM OPT extension and Curricular Practical Training (CPT), although detailed proposals have not yet been released.
Specifically, the change is likely to impact H-4 visa holders, spouses of H-1B workers, the majority of whom are Indian professionals. Since H-4 EAD renewals can be filed up to 180 days before expiry, but processing by USCIS often takes longer, this could lead to gaps in employment.
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