The Donald Trump administration is preparing a fresh round of restrictions on the H-1B visa program, going beyond the recently proposed $100,000 mandatory fee to tighten eligibility rules and employer usage.
According to a new entry in the Department of Homeland Security’s regulatory agenda, the rule change — titled “Reforming the H-1B Nonimmigrant Visa Classification Program” — aims to revise key elements of the program.
The proposed measures include stricter eligibility criteria for cap exemptions, increased scrutiny of employers with compliance issues, and tougher oversight on third-party placements.
While DHS has not clarified whether it will narrow exemptions from the annual cap, any such move could affect nonprofit research institutions, universities, and healthcare organizations that currently benefit from those exemptions.
“These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect US workers’ wages and working conditions,” the proposal states.
The rule is expected to be published in December 2025, potentially reshaping the landscape for thousands of Indian students and professionals hoping to work in the US.
Earlier reports indicated that Trump officials are also considering replacing the traditional lottery system with a wage-based selection model, favoring higher-paying employers.
The H-1B visa — created under the 1990 Immigration Act — allows US companies to hire highly skilled foreign workers in fields where domestic talent is scarce.
The US issues 65,000 visas annually, with an additional 20,000 slots for those with advanced degrees from American universities. Some employers, including nonprofits and educational institutions, are exempt from these caps.
India remains the largest beneficiary of the H-1B program. According to Pew Research Center, nearly three-quarters of all approved H-1B applications in 2023 came from India.
Around 60 percent of these approvals since 2012 have been for computer-related jobs, though industries like banking, healthcare, and academia also rely on the visa.
H-1B holders are legally required to be paid at or above the prevailing wage for their roles, ensuring they earn as much or more than comparable US employees.
Alongside high government fees, employers typically pay more than $6,000 per application, making the proposed $100,000 fee a seismic shift for the program.
The proposed reforms mark a significant escalation in the Trump campaign’s immigration agenda and could dramatically alter how foreign tech talent enters the US workforce.
