Trump's new immigration roadmap and what it means for H-1Bs, students

Trump's new US immigration rulebook-What it could mean for H-1B workers, students, Green Card applicants and employers

The Trump administration has unveiled an ambitious immigration regulatory agenda for the coming months that could reshape the US employment-based immigration system.

 

The roadmap, released through the regulatory agendas of the Departments of Homeland Security (DHS), Labor (DOL) and State, outlines proposed and final rules covering H-1B visas, Green Cards, international students, naturalisation, prevailing wages, PERM labour certification and employer compliance. While none of the proposed rules have taken effect yet, they signal the administration's priorities and offer a preview of potential changes over the next year.

 

"The Administration is planning to finalize proposed rules related to students and exchange visitors, prevailing wages, and public charge, and to propose reforms to the labor market test for PERM labor certification, H-1B program eligibility and compliance requirements, and foreign student practical training programs, among other regulatory priorities," said immigration law firm Fragomen in a post. 

 

As per Fragomen, highlights of the agenda include a Department of Labor plan to propose a revised labor market test for PERM labor certification applications, a DHS plan to revise some key elements of the H-1B program, and a proposal that could limit practical training options for international students. The agencies also plan to finalize proposed rules related to the admission of students and exchange visitors, the rescission of the current public charge regulation, and increases in prevailing wages in both nonimmigrant and immigrant programs.

 

"The specifics of anticipated proposed and final regulations are confidential until each is released for publication in the Federal Register. Though each agency sets a timeline for its regulatory activities, publication target dates are often deferred," said Fragomen.

 

Here's what applicants and employers need to know.

 

1. H-1B workers could face tighter eligibility rules

 

DHS plans to introduce new regulations in August 2026 that would revise eligibility criteria for H-1B cap exemptions, tighten rules governing third-party placement of H-1B employees and impose greater scrutiny on employers found to have violated programme requirements.

 

Why it matters: Indian professionals account for the overwhelming majority of H-1B visa holders. Any tightening of eligibility or compliance requirements could affect both employers and new applicants.

 

2. Higher salary requirements could make sponsorship costlier

 

The Department of Labor is considering changes to prevailing wage calculations used for H-1B, H-1B1, E-3 visas and PERM Green Card applications.

 

Under the proposal, the minimum entry-level wage could increase from the 17th percentile to the 34th percentile for a given occupation and location.

 

Why it matters: Employers would have to offer higher salaries to sponsor foreign workers, potentially reducing hiring for entry-level positions while increasing labour costs.

 

3. Green Card recruitment process may be overhauled

 

The Labor Department also plans to modernise the PERM labour certification process, the first step for many employment-based Green Card applications.

 

The proposal would update recruitment standards to reflect technological changes since 2004, strengthen layoff-related protections for US workers and tighten employer compliance with anti-discrimination rules.

 

Why it matters: Companies sponsoring foreign workers for permanent residency may need to follow more stringent recruitment procedures before hiring overseas talent.

 

4. International students may lose flexibility

 

DHS is preparing two major changes affecting international students.

 

First, it plans to replace the current "duration of status" system with fixed admission periods for F-1 and J-1 visa holders. Students would need to apply for extensions if their programme extends beyond the authorised stay.

 

Separately, the administration is expected to propose changes to Optional Practical Training (OPT), STEM OPT extensions and Curricular Practical Training (CPT), potentially limiting work opportunities after graduation.

 

Why it matters: These changes could make studying—and working after graduation—in the US more restrictive for international students.

 

5. Public charge rules may become stricter

 

DHS intends to replace the current public charge regulation with a broader policy that could subject adjustment-of-status applicants to greater scrutiny over whether they may become dependent on government benefits.

 

Why it matters: Applicants for Green Cards may face tougher financial assessments during the immigration process.

 

6. More biometrics and background checks

 

The administration also plans to expand biometric collection.

 

The proposed rules would require broader collection and continued vetting of biometric information from immigration applicants after they enter the United States. Sponsors and authorised company representatives could also be required to provide biometrics.

 

Why it matters: Immigration applications may involve additional compliance requirements and longer processing steps.

 

7. Immigration fees may rise again

 

DHS is expected to propose higher baseline immigration fees later this year, including increases affecting some humanitarian applications.

 

The agenda also includes an EB-5 investor visa fee adjustment, with revised fees expected to be announced in September.

 

Why it matters: Immigration to the US could become more expensive across several visa categories.

 

8. Naturalisation test could change

 

DHS is considering changes to educational standards for naturalisation applicants and may modify how the citizenship test is administered, including the possibility of third-party testing.

 

Why it matters: Future applicants for US citizenship could face a revised testing process.

 

What happens next?

 

The regulatory agenda is not law. It is a roadmap outlining what the administration hopes to implement.

 

Most proposals will first be published as draft regulations, followed by a 30- to 60-day public consultation period before agencies review feedback and decide whether to finalise the rules. The rulemaking process typically takes several months, although interim rules can be implemented more quickly in certain circumstances.