H-1B visa overhaul: Trump team targets stricter rules after $100K fee
New H-1B restrictions target eligibility and employer compliance
The Trump administration is moving beyond the $100,000 mandatory fee for H-1B petitions, proposing broader restrictions on who qualifies and how employers can use the visas.
According to media reports, the proposals—listed in the Federal Register as Reforming the H-1B Nonimmigrant Visa Classification Program—seek to tighten eligibility, increase oversight of third-party placements, and enforce stricter compliance for employers with prior programme violations.
Key changes under consideration
Cap exemptions: DHS may narrow exemptions for nonprofits, universities, and healthcare institutions.
Third-party placements: Agencies placing H-1B workers at client sites, common in tech and consulting, will face increased scrutiny.
Employer compliance: Companies with prior violations of wage or labour rules will be closely monitored.
Specialty occupation definition: The role must now be directly related to the candidate’s degree, tightening Biden-era flexibility.
Employment-based green cards: Potential restrictions on O-1A visas and national interest waivers for high-skilled foreign nationals.
Timeline and wage-based lottery
The regulatory notice suggests December 2025 as a possible publication date for the new rules. The administration has also considered replacing the H-1B lottery with a wage-based selection system.
Industry reaction
The $100,000 fee initially caused panic among IT companies, though it applies only to new petitions. Tech startups may struggle to afford the cost, while large firms like Nvidia plan to continue sponsoring H-1Bs.
H-1B visas explained
The H-1B visa allows high-skilled foreign nationals—who made up nearly 75% of approvals in 2023—to work in the US and potentially transition to permanent residency.
Most H-1B holders work in computer-related roles, but hospitals, banks, and universities also rely on the programme. Salaries must meet or exceed those of comparable US employees, ensuring wage protection under law.
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