Trump Administration Previews Changes to Employment-Based Immigration

The Trump administration intends to propose changes to the H-1B visa program for foreign professionals, limit foreign student work opportunities, and amend the wage methodologies of the H-2A and H-2B seasonal worker programs, according to a regulatory agenda released by the White House Sept. 4. 

These proposals were not unexpected; legal experts predicted the administration would bring changes to visa programs and employment-based immigration policies back in January. The changes are not a sure thing, however: Agency agendas often feature goals that are postponed or never come to fruition. 

Specialty Credential: U.S. Employment Immigration  

H-1B Reforms

U.S. Citizenship and Immigration Services (USCIS) intends to propose a rule in December that would revise the eligibility criteria for exemptions from the H-1B cap, impose additional requirements on third-party placement of H-1B employees, and impose an additional level of scrutiny on employers deemed to have violated H-1B program requirements. This could affect several categories of employers:  

• Universities and research institutions: "The proposed changes would include revisions to cap exemption eligibility criteria for universities and nonprofit research organizations, potentially affecting institutions that have historically been exempt from the annual H-1B numerical limitations," said Ian Macdonald, an attorney and co-chair of the International Employment, Immigration & Workforce Strategies group at GreenbergTraurig in Atlanta. 

• Those with prior compliance issues: "Enhanced compliance review procedures may be implemented for employers with previous violations, potentially resulting in increased documentation requirements and longer processing times for companies with compliance histories," he added.  

• Consulting and staffing firms: "The proposal also encompasses increased documentation requirements for third-party placement arrangements, which may impact consulting and staffing companies that place H-1B workers at client sites," Macdonald said. 

USCIS also intends to issue a rule imminently that would change the way the agency allocates H-1B cap numbers each fiscal year. The agency indicated that registrations would be weighted to generally favor employers offering higher wages within the Occupational Employment and Wage Statistics wage level framework.  

The agency provided few additional details about the forthcoming proposal, except to indicate:   

• The beneficiary-centric selection of H-1B cap registrations would be retained. 

• The order of selection between the regular cap of 65,000 and the advanced degree exemption of 20,000 would remain unchanged.  

• The prevailing wage level associated with a given position would not be altered. 

Student Work Programs

Another proposed rule scheduled for publication this month aims to address fraud and national security concerns around student work and training programs, protect U.S. workers from being displaced by foreign students, and enhance the capacity to oversee the Student and Exchange Visitor Program, according to the regulatory agenda. 

Details are still scarce, but the proposed rule could include restrictions on F-1 optional practical training (OPT); science, technology, engineering, and mathematics extensions of OPT; and curricular practical training.   

"F-1 students currently utilizing OPT may face modified eligibility criteria or shortened authorization periods, which might impact technology companies and other employers who rely on this talent pipeline for entry-level positions," Macdonald said. 

Toolkit: I-9 Compliance

In the New Year 

USCIS is also proposing to amend its regulations governing employment-based green card petitions filed by employers. The proposed rule, expected in January 2026, would implement reforms to ensure the integrity of the program, such as defining "bona fide job offer" and clarifying site visit authority, according to the agency. It would also update provisions governing the EB-1 extraordinary ability visa category. 

Expect possible changes to wage methodologies as well. The Department of Labor (DOL) is planning to propose a regulation in February 2026 concerning the wage methodology of the H-2A temporary agricultural worker program. DOL is also planning to finalize a regulation on H-2B wage methodology, following a 2022 court order determining that a prior version of the regulation concerning employer-provided wage surveys did not comply with federal rulemaking requirements.