HighLights
  1. H-1B visa rules to become significantly stricter soon.
  2. Green Card sponsorship could become more expensive and time-consuming.
  3. International student visas may face new restrictions and extensions.

The Donald Trump administration is planning major changes to the US immigration system that could make it harder for foreign professionals, students and employers. If approved, the new rules would affect popular visa programmes such as H-1B, L-1 and student visas, with Indians likely to be among the hardest hit.

The proposed changes are part of the latest immigration plans released by the US Departments of Homeland Security, Labour, and State. Although the rules have not taken effect yet, they indicate the administration's direction on immigration.

H-1B Visa Rules May Become Stricter

One of the biggest changes involves the H-1B visa, which allows US companies to hire skilled foreign workers. Every year, 85,000 new H-1B visas are issued under the annual cap.

The government is expected to introduce stricter rules from August. Universities and research institutions may face tighter conditions for H-1B exemptions. Employers sending workers to third-party client sites, a model commonly used by Indian IT companies, may also have to submit more documents to prove a genuine employer-employee relationship and show that the employee is performing specialised work.

Companies with a history of violating H-1B rules could face stricter scrutiny. In addition, large companies with many H-1B or L-1 workers may have to pay higher fees even while renewing visas.

Green Card Sponsorship Could Become Costlier

The US Labour Department also plans to increase the minimum salary employers must offer when sponsoring foreign workers for H-1B visas or employment-based Green Cards.

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It is also considering changes to the PERM labour certification process, including stricter recruitment rules, new layoff requirements and stronger anti-discrimination measures. These changes could make Green Card sponsorship more expensive and time-consuming.

Student Visas May Also Change

International students could also face new restrictions. India sent nearly 3.6 lakh students to the US during the 2024-25 academic year, making it the largest source of international students.

Under the proposal, the current system that allows students to stay in the US for the duration of their studies could end. Instead, students would receive fixed periods of stay and would need to apply for extensions if they wish to continue studying.

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The administration is also planning to review the Optional Practical Training (OPT) programme, including the two-year STEM OPT extension and Curricular Practical Training (CPT), which allow international students to gain work experience in the US.

If implemented, these proposals could significantly increase costs, paperwork and uncertainty for Indian professionals, students and US employers that rely on foreign talent.

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