Trump’s New Immigration Crackdown Targets H-1B, Green Cards, OPT And EADs

The Trump administration is preparing a new round of immigration rule changes that could significantly affect the H-1B visa programme, employment-based green cards, international students and the Optional Practical Training (OPT) programme.

A separate final rule expected soon will also end automatic extensions of certain Employment Authorisation Documents (EADs).

Indian professionals and students are likely to be among the most affected if these proposals move forward.

The changes are part of the latest regulatory agendas released by the US Department of Homeland Security (DHS), Department of Labor (DOL) and Department of State (DOS), outlining the administration’s immigration priorities for the coming months.

The timelines remain tentative, and many proposals must still go through the formal rulemaking process. However, the agendas provide a clear indication of the administration’s direction.

Tougher H-1B Rules Expected

One of the most closely watched proposals concerns the H-1B programme and is expected to be published in August.

DHS plans to tighten eligibility for certain exemptions from the annual H-1B cap of 85,000. At present, universities and eligible research organisations can hire H-1B workers at any time without going through the annual lottery.

The administration also plans to introduce additional requirements for employers placing H-1B workers at third-party client sites.

This is particularly important for Indian IT and consulting companies, which commonly place employees at client locations.

Although the full draft text has not yet been released, employers may be required to prove a genuine employer-employee relationship, show that the worker is performing specialty occupation duties at the client site and maintain more detailed records of assignments.

Employers with a history of H-1B violations could also face greater scrutiny when filing future petitions.

Higher Fees For H-1B And L-1 Heavy Employers

The administration is also expected to expand an additional fee imposed on certain large employers that rely heavily on H-1B and L-1 workers.

Under a final rule expected this month, companies with more than 50 employees in the US, where over half the workforce holds H-1B or L-1 visas, could be required to pay the additional 9-11 Response and Biometric Entry-Exit Fee not only for new petitions and change-of-employer filings, but also for extensions of stay.

At present, such employers pay an extra $4,000 for eligible H-1B petitions and $4,500 for eligible L-1 petitions only in certain cases, including initial sponsorship and employer changes.

Extending the fee to renewal petitions would raise costs significantly for companies dependent on foreign workers, including several large IT outsourcing firms.

H-1B And Green Card Wage Hike Also Planned

The Department of Labor is also moving ahead with a proposal to increase prevailing wage levels under the four-tier wage structure used for H-1B visas and employment-based green card cases.

The draft rule was issued in March, and the public comment period ended in May.

If implemented as proposed, the threshold for entry-level wages would rise from the 17th percentile to the 34th percentile for a particular occupation and geographic area.

This could sharply increase sponsorship costs for employers filing both temporary work visa petitions and permanent residence cases.

The regulatory agenda does not currently provide a clear date for the final rule.

Major PERM Green Card Overhaul

The Labor Department is also expected to propose a major overhaul of the PERM labour certification process.

Before sponsoring a foreign worker for many employment-based green cards, an employer must first obtain PERM certification from the Department of Labor.

The department says the existing recruitment framework, introduced in 2004, no longer reflects modern hiring practices and technological changes.

The proposal is expected to update minimum standards for testing the US labour market, tighten rules related to layoffs of American workers and strengthen compliance with non-discrimination requirements in recruitment and hiring.

Big Impact On Indian Students

India is the leading source country for international students in the US.

According to the latest Open Doors Report, around 3.6 lakh Indian students were studying in the US during the 2024-25 academic year, accounting for nearly 31% of the total 11 lakh international students.

Although the number of new Indian students has been declining, the overall Indian student population remains large.

That means upcoming student visa changes could have a major impact.

Fixed Visa Tenure May Replace ‘Duration Of Status’

DHS is expected to publish a final regulation ending the long-standing practice of admitting foreign students and exchange visitors for the duration of their academic programme.

Under the present system, many students are admitted for “duration of status”.

The proposed system would instead grant visas for a fixed period.

An earlier draft had proposed a maximum stay of four years, after which students would need to apply for an extension with immigration authorities if they wanted to remain in the US.

OPT Rules Could Change In 2027

Another proposed regulation, expected in February 2027, could make changes to the Optional Practical Training programme.

The regulatory agenda provides few details, but possible changes could include restrictions on the two-year STEM OPT extension and Curricular Practical Training (CPT).

The proposal was originally expected in September 2025 but has now been pushed back.

Automatic EAD Extension To End

A regulation expected this month will finalise an interim rule in place since October 2025 that eliminated the maximum 540-day automatic extension of EADs for certain foreign nationals filing timely renewal applications on or after October 30, 2025.

This could have a major impact on H-4 visa holders, especially spouses of H-1B workers waiting for green cards.

Nearly one lakh Indian spouses, many of them women, are believed to have benefited from H-4 work authorisation.

The EAD allows them not only to work or become self-employed, but also helps with practical needs such as obtaining a driving licence.

Under the new rule, individuals cannot continue working after their current EAD expires. They must wait until USCIS approves the renewal.

The problem is that H-4 EAD holders can generally file renewal applications only up to 180 days before expiry, while USCIS processing can take longer.

This creates the risk of unavoidable work gaps and even job losses.

Immigration experts say the regulatory agenda offers an important roadmap of the administration’s plans.

While many of the measures remain proposals and could take months to finalise, employers and foreign workers may need to prepare for major changes affecting H-1B hiring, green card sponsorship, student work programmes and employment authorisation.

For Indian professionals and students, the message is clear: the US immigration system could soon become more expensive, more restrictive and far more complicated.