AgenciesThe Trump administration is preparing major changes to the H-1B visa programme, with new rules aimed at tightening eligibility, revising exemptions, and reshaping how visas are allocated.
According to the Department of Homeland Security’s regulatory agenda, a proposal scheduled for December 2025 will revisit the criteria for H-1B cap exemptions, strengthen oversight of third-party placements, and introduce stricter compliance measures for employers found in violation of programme rules, as reported by Lubna Kably in The Times of India.
Currently, 85,000 H-1B visas are issued annually under the quota, with exemptions for higher education institutions, non-profit research organisations, and government research entities. Certain workers extending visas or switching employers are also exempt. The new proposal is expected to narrow these exemptions.
During the previous Trump term, USCIS had required employers placing H-1B workers at client sites to provide detailed contracts and itineraries to prove that specialty occupation work existed for the full visa duration. This resulted in shorter approval periods, more evidence requests, and higher denial rates. A federal court later struck down parts of the memo, leading to its withdrawal.
Commenting on the proposed reforms, an immigration consultant attached to a technology company told Lubna, “It looks like the Trump administration is now seeking to strict third-party placement rules into formal regulation, rather than relying on policy memos that can be challenged in court.”
Along with this, the Department of Homeland Security is also expected to issue a rule that changes the way H-1B lottery numbers are assigned. The planned system would prioritise applicants offered higher wages, based on data from the Department of Labor’s Occupational Employment and Wage Statistics. This would mark a shift from the existing random selection process.
Indians are among the largest beneficiaries of the H-1B programme, Lubna reported. For the fiscal year ending September 2023, they received 68,825 initial employment visas (58% of the total) and 2.10 lakh extensions (79%). China followed with 16,094 initial approvals and 29,250 extensions. Any change to the programme is therefore expected to impact Indian professionals significantly.
The administration has confirmed that the current beneficiary-centric registration system will continue. Each applicant will have a single entry in the lottery, regardless of the number of employers filing petitions. The order of selection between the 65,000 regular quota and the 20,000 advanced-degree slots will also remain unchanged.
If finalised, the reforms are likely to impact staffing firms and technology companies that rely on third-party placements. On the other hand, higher-paid professionals may see better chances of selection, while fresh graduates, including those from US universities, could face reduced opportunities.
(With TOI inputs)
According to the Department of Homeland Security’s regulatory agenda, a proposal scheduled for December 2025 will revisit the criteria for H-1B cap exemptions, strengthen oversight of third-party placements, and introduce stricter compliance measures for employers found in violation of programme rules, as reported by Lubna Kably in The Times of India.
Currently, 85,000 H-1B visas are issued annually under the quota, with exemptions for higher education institutions, non-profit research organisations, and government research entities. Certain workers extending visas or switching employers are also exempt. The new proposal is expected to narrow these exemptions.
During the previous Trump term, USCIS had required employers placing H-1B workers at client sites to provide detailed contracts and itineraries to prove that specialty occupation work existed for the full visa duration. This resulted in shorter approval periods, more evidence requests, and higher denial rates. A federal court later struck down parts of the memo, leading to its withdrawal.
Commenting on the proposed reforms, an immigration consultant attached to a technology company told Lubna, “It looks like the Trump administration is now seeking to strict third-party placement rules into formal regulation, rather than relying on policy memos that can be challenged in court.”
Along with this, the Department of Homeland Security is also expected to issue a rule that changes the way H-1B lottery numbers are assigned. The planned system would prioritise applicants offered higher wages, based on data from the Department of Labor’s Occupational Employment and Wage Statistics. This would mark a shift from the existing random selection process.
Indians are among the largest beneficiaries of the H-1B programme, Lubna reported. For the fiscal year ending September 2023, they received 68,825 initial employment visas (58% of the total) and 2.10 lakh extensions (79%). China followed with 16,094 initial approvals and 29,250 extensions. Any change to the programme is therefore expected to impact Indian professionals significantly.
The administration has confirmed that the current beneficiary-centric registration system will continue. Each applicant will have a single entry in the lottery, regardless of the number of employers filing petitions. The order of selection between the 65,000 regular quota and the 20,000 advanced-degree slots will also remain unchanged.
If finalised, the reforms are likely to impact staffing firms and technology companies that rely on third-party placements. On the other hand, higher-paid professionals may see better chances of selection, while fresh graduates, including those from US universities, could face reduced opportunities.
(With TOI inputs)
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