US Proposes Tighter H-1B, Green Card, and Student Visa Rules

The Trump administration is preparing a series of immigration rule changes that could affect the H-1B visa programme, employment-based green cards, and visa regulations for international students, including the Optional Practical Training (OPT) programme. Indian professionals and students are expected to be among the most affected if these proposals are implemented.

The proposals are outlined in the latest regulatory agendas released by the US Departments of Homeland Security (DHS), Labor (DOL), and State (DOS). These agendas indicate the administration's priorities for the coming months, though timelines are tentative and subject to formal rulemaking.

One key proposal targets the H-1B visa programme, with a rule expected to be published in August. The DHS plans to tighten eligibility for exemptions from the annual cap of 85,000 visas, which currently allow universities and research organisations to hire H-1B workers without lottery restrictions. Additional requirements may be introduced for employers placing workers at third-party client sites, a common practice for Indian IT and consulting firms. Employers with a history of H-1B violations could face enhanced scrutiny.

Another proposal would expand the fee for certain large employers that rely heavily on H-1B and L-1 workers. Under a final rule expected this month, companies with over 50 employees in the US where more than half hold H-1B or L-1 visas would pay additional fees for extension petitions, not just initial applications. This could increase costs for firms like major IT outsourcing companies.

The Department of Labor also intends to finalise a rule raising prevailing wage levels for H-1B and employment-based green card cases. The draft was issued in March, with a comment period ending in May. If implemented, it would increase salary requirements for these visas.

Additionally, the administration plans to end the automatic extension of Employment Authorisation Documents (EADs) and tighten rules for international students, including limiting visa duration and changes to the OPT programme. These proposals are part of a broader effort to reshape legal immigration.

It is important to note that these are proposed rules, and their final form may change. The regulatory process includes public comment periods and potential legal challenges. The impact on Indian nationals, who constitute a significant portion of H-1B holders and international students in the US, would depend on the final rules.