H-1B visa overhaul: White House proposes major reform to program; Check key rule changes
The proposed revisions to the H-1B program stand to redefine the primary pathway for U.S. employers seeking to hire foreign talent
- Oct 10, 2025,
- Updated Oct 10, 2025 2:10 PM IST
The White House has moved forward with a sweeping set of proposed changes to the H-1B visa program, a move that could significantly alter how U.S. employers hire highly skilled foreign workers. Formally listed in the Federal Register under the title "Reforming the H-1B Nonimmigrant Visa Classification Program," the proposal is part of a broader regulatory push to reshape employment-based immigration.
The proposed revisions to the H-1B program stand to redefine the primary pathway for U.S. employers seeking to hire foreign talent. Supporters argue that the changes will safeguard wages and curb abuse of the system, while critics warn that the new rules could make it harder to fill essential roles in technology, healthcare, and research, potentially driving high-value jobs and innovation abroad.
The proposed rules would tighten the definition of "specialty occupations," reevaluate which employers and positions are exempt from the annual visa cap, and enhance oversight of third-party placements, which are common in the tech and consulting sectors. The changes also seek to improve program integrity, ensuring that U.S. workers' wages and working conditions are better protected.
Key Rule Changes
The H-1B program, which allows U.S. employers to hire foreign nationals in specialty occupations, has been capped at 65,000 new visas annually, with an additional 20,000 available for individuals with advanced degrees from U.S. institutions. However, the new rule seeks to implement stricter measures:
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Specialty Occupation Definition: The administration intends to reinstate a stricter definition that could limit the number of eligible roles.
-
Cap Exemptions: DHS plans to revise which employers and positions qualify for cap exemptions, including non-profits, research organisations, and universities.
-
Third-Party Placements: There will be increased oversight for companies placing H-1B workers at other firms, especially in consulting and tech.
-
Employer Compliance: Companies found in violation of wage or labour condition rules will face heightened scrutiny before being allowed to reapply.
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Many critics, including major tech companies and academic institutions, warn that these reforms could hurt U.S. competitiveness, particularly in high-skill sectors.
Bill Gates and Eric Schmidt have both voiced concerns that limiting H-1B visas could undermine U.S. technological leadership, while universities are concerned about the impact on international students, many of whom fill crucial roles in STEM fields.
What’s at stake
For U.S. employers, the proposed changes mean higher costs and increased compliance requirements, which could particularly affect the tech, healthcare, and education sectors.
For U.S. workers, the reforms might offer better protection from wage depression, but they could also lead to a shift of jobs and innovation overseas if companies begin offshoring talent.
For skilled foreign workers, the rules will introduce more hurdles to qualify and remain in the U.S., creating uncertainty for international students and professionals aiming for long-term careers in the country.
The White House has moved forward with a sweeping set of proposed changes to the H-1B visa program, a move that could significantly alter how U.S. employers hire highly skilled foreign workers. Formally listed in the Federal Register under the title "Reforming the H-1B Nonimmigrant Visa Classification Program," the proposal is part of a broader regulatory push to reshape employment-based immigration.
The proposed revisions to the H-1B program stand to redefine the primary pathway for U.S. employers seeking to hire foreign talent. Supporters argue that the changes will safeguard wages and curb abuse of the system, while critics warn that the new rules could make it harder to fill essential roles in technology, healthcare, and research, potentially driving high-value jobs and innovation abroad.
The proposed rules would tighten the definition of "specialty occupations," reevaluate which employers and positions are exempt from the annual visa cap, and enhance oversight of third-party placements, which are common in the tech and consulting sectors. The changes also seek to improve program integrity, ensuring that U.S. workers' wages and working conditions are better protected.
Key Rule Changes
The H-1B program, which allows U.S. employers to hire foreign nationals in specialty occupations, has been capped at 65,000 new visas annually, with an additional 20,000 available for individuals with advanced degrees from U.S. institutions. However, the new rule seeks to implement stricter measures:
-
Specialty Occupation Definition: The administration intends to reinstate a stricter definition that could limit the number of eligible roles.
-
Cap Exemptions: DHS plans to revise which employers and positions qualify for cap exemptions, including non-profits, research organisations, and universities.
-
Third-Party Placements: There will be increased oversight for companies placing H-1B workers at other firms, especially in consulting and tech.
-
Employer Compliance: Companies found in violation of wage or labour condition rules will face heightened scrutiny before being allowed to reapply.
Advertisement
Many critics, including major tech companies and academic institutions, warn that these reforms could hurt U.S. competitiveness, particularly in high-skill sectors.
Bill Gates and Eric Schmidt have both voiced concerns that limiting H-1B visas could undermine U.S. technological leadership, while universities are concerned about the impact on international students, many of whom fill crucial roles in STEM fields.
What’s at stake
For U.S. employers, the proposed changes mean higher costs and increased compliance requirements, which could particularly affect the tech, healthcare, and education sectors.
For U.S. workers, the reforms might offer better protection from wage depression, but they could also lead to a shift of jobs and innovation overseas if companies begin offshoring talent.
For skilled foreign workers, the rules will introduce more hurdles to qualify and remain in the U.S., creating uncertainty for international students and professionals aiming for long-term careers in the country.