The United States is poised to implement stricter visa rules for skilled foreign professionals, including higher salary thresholds and tighter regulations. Proposed changes under the H-1B and employment-based immigration categories could raise minimum pay requirements by 21% to 33%. This move aligns with broader efforts by US authorities to restrict high-skilled immigration through tougher wage standards and reduced post-study work options for international students, particularly in STEM fields.
Proposed Wage Increases and Timeline
In March 2026, the Department of Labour (DOL) published a proposal aimed at increasing the required prevailing wage for H-1B visa holders and employment-based immigrants. The rule would raise minimum salary levels by 21% to 33%, depending on the applicant's experience level. The public comment period is set to close in late May 2025, with finalization expected by the end of 2026 or early 2027. These changes are designed to align visa wages with market rates, but critics argue they may price out smaller employers.
Additional Restrictions and Fees
Alongside wage changes, immigration enforcement has tightened in other areas. In September 2025, the Trump administration imposed a $100,000 fee on new H-1B visa entrants. This fee has already impacted employer demand for overseas talent, with many companies reconsidering their reliance on the program. Further restrictions are expected to target international students. The Department of Homeland Security (DHS) has proposed replacing the current "duration of status" system with fixed admission periods. Under this system, students would need to seek government approval for extensions, potentially affecting those enrolled in longer degree programs and discouraging study in the US.
Impact on Optional Practical Training (OPT)
Officials are also expected to introduce rules limiting Optional Practical Training (OPT) and STEM OPT programs. OPT currently provides 12 months of work authorization after graduation, while STEM OPT extends this by an additional 24 months. These programs have been vital for international graduates seeking US work experience, but proposed changes could restrict eligibility or reduce the duration of work permits.
Industry Reactions and Expert Opinions
Industry experts say the cumulative effect of these measures is already being felt. Jonathan Grode of Green & Spiegel told Forbes: "The constant barrage of negative news and regulation on the H-1B front is having an effect." He added: "Weighted lotteries and $100,000 potential fees have dramatically decreased employer interest in the H-1B visa category, and if the proposed 'surcharge' to wage levels is enacted, small employers in particular might just be fully priced out of the category." Concerns are also growing over processing delays and stricter adjudication standards. Dagmar Butte of Parker Butte told Forbes: "Processing times are getting longer and longer. We are filing everything premium or upgrading when timing becomes critical, such as when the 240-day authorization for timely filed extensions is about to run out." She noted that agencies are challenging wage levels and documentation, creating uncertainty for employers even when applications are properly filed.
Legal Complexity and Rising Denial Rates
Legal practitioners point to new complexity in visa applications following changes to key forms. Vic Goel of Goel & Anderson told Forbes: "A strong specialty occupation argument therefore emphasizes the position's complexity, the depth of expertise required, and the advanced qualifications the role demands." They added: "The appropriate prevailing wage level, on the other hand, is determined by reference to the minimum qualifications required to perform the position's duties, i.e., what an entry-level, qualified, experienced, or fully competent worker in that occupation would need, benchmarked against the Department of Labour's O*NET occupational database. These are related but distinct inquiries, and what strengthens one can undermine the other." Even the highest-skilled immigration categories are suffering, with recent data showing rising denial rates for EB-1 and EB-2 green card applications.
These developments signal a significant shift in US immigration policy, with potential long-term effects on the country's ability to attract and retain global talent.
