More H1B Restrictions by Trump Administration After 100,000 Visa Fee Hike

The Trump Administration planned new restrictions on the H1B visa programme after a recent fee hike of $100,000. The proposed changes include stricter eligibility reviews and enhanced scrutiny of third-party placements. The Trump administration has said the reforms aim to protect US workers' wages and improve the integrity of the H1B programme. The proposals formally listed in the Federal Register under the title of 'Reforming the H1B Nonimmigrant Visa ClassificationProgram' include various technical aspects that will impact the hiring of Indians.

Defined 'Speciality occupation'

In its proposed draft, the Department of Homeland Security, said: "The specialty occupation definition also clarifies that although the position may allow for a range of qualifying degree fields, each of the fields must be directly related to the duties of the position."

The Trump Administration stressed on direct relation while hiring H1B employee, in place of

just a logical connection. It was during the Biden administration that this stance was softened

that there needs to be a logical connection between the job responsibilities and the degree required for the posted job.

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Cap exemptions planned by DHS

Currently, it is not clear DHS will review and narrow down which employers and positions

that will be exempt from the annual cap. This will affect the universities, nonprofit research organizations and healthcare institutions that usually benefit from the existing exemptions.

As per the proposal, "These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect US workers' wages and working conditions,". These changes once brought will impact thousands of Indian students and young professionals wishing to gain work experience in the US.

H-1B workers working at client sites, a common practice in the technology and consulting

firms will come under the radar. Even more scrutiny of companies that earlier violated

wage or labour laws.

As per the the regulatory notice, the rule is going to be published this year,

December 2025 will be a possible publication date. This might have an affect on O1-A visa

applicants as employers may stop taking individuals on O1-A visa and national interest waivers that allow them to hire high-skilled immigrants. O1-A visa is used by individuals having extraordinary skills in science, education or business.

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The H1B, a temporary visa allows US companies to bring highly skilled individuals from foreign that are not easy to find in the US.

The decision will be a setback for IT companies and those who want to work in the tech industry under H1B in the US. Tech companies might face skill shortages with the new proposed H1B rules and $100,000 H1B fee hike, however, Nvidia CEO Jensen Huang said that his company will sponsor H1B applicants.

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