Trump Administration Reviews New H-1B Visa Overhaul - Maverick News30

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Trump Administration Reviews New H-1B Visa Overhaul

Trump Administration Reviews New H-1B Visa Overhaul

Washington, Aug 2026 : The Trump administration has begun a White House review of a new proposal to overhaul the H-1B visa programme, potentially bringing further changes to a work visa route widely used by Indian professionals seeking employment in the United States.

The proposed regulation, titled “Reforming the H-1B Nonimmigrant Visa Classification Program,” was submitted by the Department of Homeland Security (DHS) to the White House Office of Information and Regulatory Affairs (OIRA) on Monday.

The proposal has been classified as economically significant, indicating that it could have an annual economic impact of at least $100 million or significantly affect jobs, productivity, competition or a major segment of the US economy.

The federal regulatory docket lists the measure as a proposed rule under US Citizenship and Immigration Services (USCIS). However, the administration has not yet released details of the provisions contained in the proposal.

It remains unclear whether the proposed overhaul would change eligibility requirements, employer obligations, wage rules, the annual H-1B selection process or compliance standards. The regulatory filing also does not specify when the White House review is expected to conclude.

OIRA, which operates under the White House Office of Management and Budget, reviews significant federal regulations before they are formally published. The office can approve a proposal, return it to the relevant agency for changes or clear it with modifications.

The details of the proposed rule are generally expected to become available after the White House review is completed and the regulation is published in the Federal Register.

Publication would normally begin a public-comment period, during which employers, workers, immigration experts and other stakeholders would be able to submit their views. DHS would then be required to consider those comments before deciding whether to withdraw, modify or finalise the proposal.

The latest development does not immediately change existing H-1B rules. Employers, prospective applicants and current visa holders are not required to take any action merely because the proposal has entered the White House review process.

The broader H-1B overhaul is separate from another USCIS proposal published on Tuesday that would impose an additional $103,265 fee on every cap-subject H-1B petition.

That proposed fee would apply to petitions filed under the regular annual H-1B limit as well as the additional allocation for foreign professionals holding advanced degrees from US universities. However, certain cap-exempt petitions would not be covered.

These include petitions filed by qualifying universities, government research organisations and non-profit research institutions.

The proposed $103,265 fee has also not yet taken effect. The administration is accepting public comments on the measure until September 24, following which DHS will decide whether to modify, withdraw or finalise it.

At the same time, the administration is reviewing proposed fees related to Optional Practical Training (OPT), a programme that allows eligible international students to work temporarily in the US in fields connected to their academic qualifications.

Another USCIS proposal under review could eliminate the discretionary 60-day grace period currently available to H-1B and certain other foreign workers after losing employment. The grace period can allow affected workers time to find another employer, change status or make other immigration arrangements.

The H-1B programme enables US employers to hire foreign professionals for speciality occupations requiring specialised knowledge and generally at least a bachelor's degree or equivalent qualification.

Industries including technology, engineering, finance, healthcare and research are among the major users of the programme.

Indian professionals have historically accounted for a substantial share of H-1B beneficiaries, particularly in the technology and engineering sectors, making changes to the programme closely watched in India.

Under current congressional limits, the United States issues 65,000 new cap-subject H-1B visas annually, along with another 20,000 visas reserved for eligible foreign professionals holding advanced degrees from US institutions.

The latest regulatory review is therefore being closely monitored by employers, immigration professionals and foreign workers as the Trump administration considers broader changes to the US employment-based immigration system.

(Disclaimer :The content of this article is sourced from a news agency and has not been edited by the Mavericknews30 team.)

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