Trump Administration Proposes Changes to Employment-Based Immigration

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Key Points:

  • The Trump administration has proposed significant changes to employment-based immigration, including the H-1B visa program, foreign student work opportunities, and seasonal worker programs.
  • These proposals aim to prioritize higher wages and enhance compliance but may impact universities, consulting firms, and international students.
  • A new bill, the HIRE Act 2025, proposes a 25% tax on payments to foreign workers, potentially disrupting outsourcing models.
  • Factors influencing deportation include criminal history, visa violations, and national security concerns.

The Trump administration has unveiled a series of proposed changes to employment-based immigration policies, aiming to reshape the landscape for foreign professionals, students, and seasonal workers. 

These proposals, outlined in a White House regulatory agenda released on September 4, 2025, are set to impact several visa programs and employment practices.

H-1B Visa Program Overhaul

The administration plans to revise the H-1B visa program by introducing a wage-based allocation system, favoring employers offering higher salaries. This shift could disadvantage entry-level positions and consulting firms that place workers at client sites. 

Additionally, U.S. Citizenship and Immigration Services (USCIS) intends to tighten eligibility criteria for cap exemptions and enhance compliance reviews, particularly targeting institutions with prior violations.

Impact on Foreign Student Work Opportunities

Proposed changes to the Student and Exchange Visitor Program (SEVP) aim to address concerns over fraud and national security. 

These changes may include restrictions on Optional Practical Training (OPT) and Curricular Practical Training (CPT), potentially affecting international students’ ability to work in the U.S. after graduation.

Seasonal Worker Program Revisions

The Department of Labor (DOL) is planning to amend wage methodologies for the H-2A and H-2B seasonal worker programs. 

These changes are expected to align wage determinations with prevailing wage standards, impacting agricultural and non-agricultural seasonal employment.

Proposed HIRE Act 2025

A new legislative proposal, the Halting International Relocation of Employment (HIRE) Act 2025, seeks to impose a 25% tax on payments made to foreign workers providing services consumed in the U.S. 

This bill, if enacted, could significantly disrupt outsourcing models, particularly affecting Indian tech firms heavily reliant on the U.S. market.

Factors Influencing Deportation

Deportation decisions are influenced by various factors, including criminal history, visa violations, and national security concerns. The administration’s focus on enhancing enforcement and compliance may lead to increased scrutiny and potential deportations for individuals with prior violations or criminal records. 

These developments highlight the intersection of immigration policy and HR management. Staying informed helps professionals prepare for compliance challenges and workforce planning scenarios tested in SHRM and HRCI certification exams.

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