New York : The Trump administration is preparing a fresh set of immigration rules that could make it harder for foreign professionals, students and employers to navigate the US immigration system. The proposals are part of the latest Unified Regulatory Agendas released by the US Departments of Homeland Security, Labor and State.
None of the measures has taken effect yet, but they offer the clearest signal so far of the administration’s plans. If implemented, the changes could bring stricter eligibility rules, more paperwork, closer scrutiny of employers and higher costs for companies hiring foreign workers. One of the biggest proposed changes relates to the H-1B visa programme, which allows US companies to hire foreign professionals in specialised jobs. Every year, 85,000 new H-1B visas are available under the annual cap.
The proposal could reduce exemptions from the H-1B cap that are currently available to universities and certain research organisations. It could also bring stricter rules for employers who place H-1B workers at third-party client sites and increase scrutiny of companies that have violated programme rules in the past. The third-party placement model is widely used by Indian IT and consulting firms. Under the proposed changes, employers may have to provide stronger proof of a genuine employer-employee relationship.
Under the proposed rule, it would also apply to extension applications. The move would affect employers with more than 50 workers in the US if more than half of their workforce is on H-1B or L-1 visas, increasing costs for outsourcing-focused firms. The Labor Department is also planning changes that could raise the cost of sponsoring foreign workers for H-1B visas and employment-based Green Cards.
The department is also expected to propose changes to the PERM labour certification process, which is a key step in many employment-based Green Card applications. The planned changes include revised recruitment standards, new rules related to layoffs of US workers and stronger anti-discrimination safeguards. With long Green Card backlogs and continued uncertainty around US immigration rules, many professionals are already looking at countries such as the UK for a more predictable route to permanent residency.
The DHS plans to end the current “duration of status” system for students and exchange visitors. At present, students are generally allowed to remain in the US as long as they continue to meet the conditions of their academic programme. Under the proposed rule, students would instead be given fixed periods of stay. Once that period ends, they would need to apply for an extension to continue studying or remain in the country.
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