The Trump administration is preparing another major overhaul of the H-1B visa program, with the Department of Homeland Security moving forward on a proposal that could tighten scrutiny of employers, change eligibility for cap exemptions and impose greater oversight on workers placed at third-party sites.
The proposed rule is currently under review at the White House Office of Management and Budget. the changes could carry broad implications for Indian professionals, who make up a significant share of H-1B visa holders While the full details remain confidential until the proposal is published in the Federal Register. OMB is separately reviewing a DHS proposal that would impose an additional fee of $103,265 on H-1B cap-subject petitions. DHS has also announced an expansion of a fee affecting certain employers with high percentages of H-1B and L-1 workers, while the Department of Labor has proposed higher minimum wage requirements for H-1B and other employment-based immigration programs.
The exact scope of the changes will not be known until the proposal is formally released. The proposal could also bring tougher compliance requirements for employers with a history of H-1B violations and increase federal scrutiny of arrangements in which H-1B employees work at client or third-party locations. The proposal comes as the H-1B program faces a series of potential regulatory changes. If implemented, the move could significantly increase the cost of hiring skilled foreign workers, including professionals from India.
Earlier reporting noted: US proposes $103,265 fee for H-1B visa petitions The Trump administration has proposed an additional $103,265 fee on employers filing H-1B visa petitions subject to the annual cap. It is scheduled to be published in the Federal Register on Tuesday, after which a 30-day public comment period will begin.
According to the Department of Homeland Security’s description of the rule in its regulatory agenda, the proposal would revise eligibility for H-1B cap exemptions, subject certain employers to greater scrutiny if they have violated program rules and increase oversight of H-1B workers placed at third-party worksites. Earlier reporting noted: The Department of Homeland Security (DHS) said the proposed fee would apply to every cap-subject H-1B petition, including applications for workers eligible under the advanced degree exemption.
Earlier reporting noted: The proposal is not final yet.
