Full Breakdown
Trump Administration Proposes Tightening of H-1B Visa Rules
8/30/2026, 10:21:06 PM
Proposed Rule Changes
The White House’s Office of Information and Regulatory Affairs has cleared a proposal to eliminate the 60-day grace period that currently allows H-1B visa holders to remain in the United States while seeking new employment or a status change after a job loss. A separate element of the plan would bar spouses holding H-4 dependent visas from obtaining work authorization, reversing an Obama-era rule that permitted such employment when the primary H-1B holder was pursuing a green card. Neither element has been published as a formal rule nor opened for public comment.
Background and Program Structure
The H-1B program grants temporary work visas to foreign professionals with specialized skills. An annual cap of 85,000 new visas is set, and demand far exceeds supply, creating backlogs that can extend for decades, especially for applicants from countries such as China and India. Under the previous administration, a fee of more than $103,000 per petition was temporarily imposed; a federal judge struck down that proclamation in June, after which the administration moved to make the fee permanent.
Official Statements & Responses
Commerce Secretary Howard Lutnick described the program as a “scam,” arguing that it undermines American workers. Vice President JD Vance echoed this view, criticizing technology firms for claiming an inability to find sufficient domestic talent. Both officials framed the proposed changes as part of a broader effort to tighten immigration controls and prioritize U.S. labor.
Criticism & Opposition
Entrepreneur and technology commentator Vivek Wadhwa warned that removing the grace period would leave H-1B workers vulnerable to “indentured servitude,” giving employers greater leverage and potentially widening wage disparities. He also argued that barring spouses from employment would suppress bargaining power for both immigrant and American workers.
Data Summary
- Annual H-1B cap: 85,000 visas.
- Typical backlog: many years, with some cases stretching decades.
- Proposed fee: over $103,000 per petition, now permanent.
- Proposed changes: elimination of 60-day grace period; denial of work authorization for H-4 spouses.
These proposals represent the latest in a series of immigration policy shifts pursued by the Trump administration, aimed at reducing the number of foreign workers and increasing regulatory barriers for those already in the United States.
