The Trump administration is set to unveil new immigration rules that may complicate the procedures for foreign professionals, students, and employers regarding the United States immigration system. The modifications primarily target popular routes that Indian nationals frequently utilise for work and study in the US.

Indians represent one of the most significant immigrant demographics in the US, making the proposed changes to the H-1B visa programme particularly consequential for them. The Department of Homeland Security (DHS), along with the Departments of Labor (DOL) and State (DOS), have included these proposals in the latest Unified Regulatory Agendas.

Though none of the changes are yet in effect, their announcement provides insight into the administration’s future intentions. If enacted, these regulations could impose stricter eligibility requirements, additional documentation, enhanced scrutiny for employers, and elevated costs associated with hiring foreign personnel.

Proposed Adjustments to Green Card Sponsorship

In addition to changes concerning the H-1B programme, the Labour Department is contemplating modifications that might raise the financial burden associated with sponsoring foreign workers for H-1B visas and employment-based Green Cards. This includes revisions to the current wage levels that determine costs for these sponsorships.

Under the proposed changes, entry-level wage thresholds are anticipated to rise from the seventeenth percentile to the thirty-fourth percentile, thereby increasing the minimum salaries employers must offer to employ foreign workers. Additional updates to the PERM labour certification process—essential for many Green Card applications—are also expected.

The planned updates involve changes in recruitment standards and provisions relating to the layoffs of US workers, along with stricter measures against discrimination. Due to the longstanding backlog in Green Card applications, many professionals are reportedly considering migrating to other countries, including the UK, for a more transparent path to permanent residency.

Impact on International Students and Optional Practical Training

International students are likely to face implications from the anticipated changes in immigration regulations. In the 2024-25 academic year, India contributed approximately 3.6 lakh students to the US, identifying it as the largest source of international students.

The DHS intends to discontinue the current “duration of status” system for students and exchange visitors, which currently permits students to reside in the US as long as they fulfil their academic programme conditions. Under the new rules, students would receive fixed durations of stay, necessitating extensions to continue their studies.

Another proposal, expected by February 2027, is anticipated to prescribe stricter regulations for Optional Practical Training (OPT), including the two-year STEM OPT extension and Curricular Practical Training (CPT). These programmes allow international students to gain relevant work experience in the US.

Changes are also anticipated concerning Employment Authorisation Documents (EADs), which grant certain foreign nationals the right to work legally in the US. A rule expected soon may terminate the automatic extensions that had been given under a previous temporary regulation, potentially affecting H-4 visa holders who are often spouses of H-1B workers.

This could result in many H-4 visa holders, particularly Indians awaiting employment-based Green Cards, losing their legal work status if their EAD renewal is delayed despite timely applications. Applicants can file renewals up to 180 days prior to expiry, but processing delays may still leave them without valid work authorisation for a period.

Immigration attorney Mitch Wexler stated that the latest regulatory agendas serve as a “roadmap” outlining the administration’s priorities. While these proposals are yet to become law, they must undergo a formal rulemaking process, including public comments and approval, and may also face legal challenges before taking effect.

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