Trump Eyes Stricter H-1B Visa Rules: $100K Fee Hike is Just the Beginning!

At Least 60% of the H-1B Visas Approved Since 2012 have been for Computer-Related Jobs

Trump’s administration is reportedly preparing another round of H-1B visa restrictions following the recent $100,000 fee hike. The move could make it even harder for foreign tech workers and companies to navigate the US work visa system. According to the regulatory notice, December 2025 is a possible publication date for the rule.

"These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect US workers' wages and working conditions," the proposal said.

Trump’s New Immigration Wave

The Department of Homeland Security (DHS) has proposed a rule change in its regulatory agenda to modify the H-1B visa category. The proposals, formally listed in the Federal Register under the title of 'Reforming the H-1B Nonimmigrant Visa Classification Program', include several technical aspects, like "revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated programme requirements, and increasing oversight over third-party placements, among other provisions."

However, it is not clear which employers and positions are exempt from the annual cap. 

Probable Consequences

If the Trump administration changes the exemption caps, the move could affect nonprofit research organisations, universities, and healthcare institutions that currently benefit from exemptions, as per the report.

According to a report by the Pew Research Centre, nearly three-quarters of those whose applications were approved in 2023 came from India. The changes are expected to impact thousands of Indian students and young professionals hoping to work in the US.

H-1B Visa: The ‘Trump’ Card

The H-1B is a temporary visa category for high-skilled foreign nationals, including Indians, as it's typically the only practical way for them to work in America long-term before eventually gaining permanent residence (a green card). 

Created by the 1990 Immigration Act, H-1B visas are meant to allow American companies to bring in people with technical skills that are hard to find in the United States. 

The visas are not intended for people who want to stay permanently. At least 60 per cent of the H-1B visas approved since 2012 have been for computer-related jobs, according to the Pew Research Centre. But hospitals, banks, universities and a wide range of other employers can also apply for H-1B visas.

Earlier reports said that the Trump administration was considering replacing the traditional H-1B visa lottery with a wage-based selection system.

The US government has set an annual cap of 65,000 on H-1B visas, with an exemption of 20,000 for individuals with a master's or higher degree from a US university. Those visas are handed out by a lottery. Some employers, such as universities and nonprofits, are exempt from the limits.

An Initiative to Restrict Foreign Professionals’ Access to US Jobs

Research indicates that H-1B visa holders are often paid the same or higher salaries than American employees with comparable levels of education and experience, as the US law mandates that, in addition to government fees (often over $6,000), employers must pay the higher of the actual or prevailing wage paid to American professionals with similar experience and qualifications.

Universities Taking Strict Measures

The University of Southern California (USC) has advised faculty and staff on H-1B work visas to postpone international travel after new immigration restrictions were introduced by the White House.

In an official statement, USC said, “Out of an abundance of caution, all faculty and staff in H-1B status currently in the United States should put international travel plans on hold until they receive further guidance.”

Since the beginning of the second term as the President of the US, Trump has announced a wide range of immigration crackdowns, including moves to limit legal immigration. The hike in the H-1B visa fees represents his significant effort to rework temporary employment visas, while expanding the American workforce in domestic organizations. All eyes are on how employers can use the permit and qualify foreign workers amidst immigration restrictions.