Trump administration plans tougher US visa rules: What proposed changes could mean for Indians
PTC Web Desk: The Donald Trump administration is preparing a series of immigration reforms that could make it more difficult for foreign professionals, students and employers to navigate the US immigration system.
The proposed changes, outlined in the latest regulatory agenda released by the Departments of Homeland Security (DHS), Labor (DOL) and State (DOS), have not yet become law. However, they reveal the administration's plans to tighten visa rules, increase compliance requirements and raise costs for employers hiring foreign workers.
If implemented, the new rules are expected to have a significant impact on Indians, who make up one of the largest groups of H-1B visa holders, employment-based Green Card applicants and international students in the United States.
One of the biggest proposed changes relates to the H-1B visa programme, which allows US companies to hire skilled foreign professionals in specialised occupations.
According to the proposal expected in August, the government may narrow the categories of employers that are exempt from the annual H-1B visa cap. Universities and certain research institutions currently enjoy these exemptions, but the eligibility criteria could become stricter.
The administration also plans to increase scrutiny of employers who place H-1B workers at third-party client locations, a business model widely used by Indian IT and consulting firms.
Employers may have to provide stronger evidence that they maintain a genuine employer-employee relationship and that the employee will perform specialised work at the client site. Additional documentation could also become mandatory during the visa application process.
Companies that have earlier violated H-1B programme rules may face closer examination when filing future petitions.
Another proposal could increase expenses for companies that depend heavily on H-1B and L-1 employees. At present, certain large employers pay an additional fee while filing initial H-1B petitions or change-of-employer applications. The administration now wants to extend this fee to visa extension applications as well.
The move would mainly affect companies with more than 50 employees in the US if over half of their workforce consists of H-1B or L-1 visa holders.
The US Department of Labour is also considering revisions to the prevailing wage system used for H-1B visas and PERM labour certification, a key requirement for many employment-based Green Cards.
Under the proposal, the minimum salary employers must offer foreign workers would increase across all wage levels. Entry-level wages, for example, could rise from the current 17th percentile to the 34th percentile.
The department is also planning changes to the PERM process by introducing revised recruitment standards, new rules related to layoffs of American workers and stronger anti-discrimination provisions.
These changes could make it more expensive and complex for employers to sponsor foreign workers for permanent residency.
International students could also face stricter immigration rules if the proposals move forward. Currently, most foreign students remain in the US under a "duration of status" system, allowing them to stay as long as they continue meeting the requirements of their academic programme.
The administration plans to replace this system with fixed periods of stay. Students whose authorised stay expires would have to apply for an extension if they wish to continue their education.
India remains the largest source of international students in the US, with nearly 3.6 lakh students enrolled during the 2024-25 academic year. Any changes to student visa rules are therefore expected to affect a large number of Indian families.
The administration is also reviewing the Optional Practical Training (OPT) programme, including the two-year STEM OPT extension that allows eligible graduates to work in the US after completing their studies. Curricular Practical Training (CPT), which enables students to gain work experience while studying, is also under review.
Any changes to these programmes could affect future employment opportunities for international students.
The proposed changes also include revisions to Employment Authorisation Documents (EADs), which permit certain foreign nationals to work legally in the United States.
A final rule expected this month would end automatic extensions that currently allow many applicants to continue working while their EAD renewal is being processed.
This could particularly impact H-4 visa holders, many of whom are spouses of H-1B workers from India. Although renewal applications can be submitted up to 180 days before expiry, delays in processing could leave applicants temporarily without valid work authorisation.
Immigration experts say the latest regulatory agenda offers a clear indication of the administration's priorities but emphasise that none of the proposed measures has taken effect yet.
Before becoming law, the proposals must go through the formal rulemaking process, which includes publication of draft rules, public consultation and final approval. They may also face legal challenges before implementation.
Even so, the proposed reforms suggest the administration is moving towards a stricter immigration framework that could increase compliance requirements for employers while creating greater uncertainty for foreign professionals and students, particularly those from India.
- With inputs from agencies
