19/09/2025
Upcoming Major Changes in US Immigration: What Investors, IT Specialists, and Students Need to Know
US authorities have published large-scale plans for reforming key immigration programs over the next few years. Here’s what’s important to understand, even if you’re not a lawyer.
📌 In Brief:
The new rules will affect almost everyone: from students and highly paid IT specialists to investors under the EB-5 program. Most of the changes are currently just proposals, and it will take many months of discussion before they are adopted. However, it is worth preparing and following the news now.
🔍 Now in More Detail by Category:
💻 For IT Specialists and H-1B Visa Workers:
Reforms for Compliance and Adherence to Requirements (Scheduled for December 2025):
Authorities want to toughen the rules for employers to combat abuse and ensure that H-1B visas are granted to the most qualified specialists, rather than being used to replace American workers with cheaper labor.
Stricter Employer Oversight:
Enhanced Control Over Violators: introduction of an additional level of scrutiny for “problematic” employers. Their applications will be reviewed longer and more thoroughly, with a higher likelihood of Requests for Evidence (RFEs) and denials.
Additional Requirements for Employment Through Third Parties: the process of employing staff for third-party companies will become more complex.
Narrowing the Scope of Employers Exempt from Quotas: Annually, there is a quota (limit) on the number of H-1B visas, but some employers (e.g., universities, non-profit research organizations) are exempt from this limit. Plans are to tighten the definition of such organizations – fewer companies will be able to claim exemption from the quota, and more applications will go through
Salary-Based Selection Process:
Currently, H-1B visas are distributed through a random lottery among all registered applications. If there are more applications than available visas (which is always the case), everyone has an equal chance, regardless of the offered salary, education, or profession.
In the future, applications will be “weighted” (ranked) not randomly, but based on how well the offered salary aligns with the Department of Labor’s (DOL) official Occupational Employment and Wage Statistics (OEWS) for that profession in a specific region. Applications where the salary corresponds to Level IV (the highest) will have the highest priority and be selected first. Then Level III, II, and finally Level I (entry-level).
🎓 For International Students (F-1):
OPT Under Threat: The Department of Homeland Security (DHS) also plans to limit opportunities for international students to work in the US during and after their studies on an F-1 visa for OPT (Optional Practical Training) and STEM OPT (extended visa for science, technology, engineering, and mathematics graduates) programs. This could significantly impact the plans of thousands of students hoping to gain work experience in the US.
📈 For Those Seeking Green Cards (EB-1, EB-2, EB-3):
New Interpretations of Rules (Scheduled for January 2026): Re-examination of the “Bona Fide Job Offer” concept. USCIS may start requiring much more evidence that the vacancy is real and not created specifically for a particular foreigner to obtain a green card.
On-Site Inspections: USCIS will officially gain the right to conduct surprise visits to company offices to verify submitted documents.
The agency also aims to redefine the eligibility criteria for EB-1A: Extraordinary Ability and EB-1B: Outstanding Researcher/Professor subcategories, as well as revise the evidence requirements for EB-1, National Interest Waiver (NIW) for EB-2, and physicians of national and international renown.
💵 For Investors (EB-5):
Fee Increases: Be prepared for the filing fees for the EB-5 program to increase.
New Regulations: Additional regulatory norms will be introduced to combat fraud under the EB-5 Reform and Integrity Act of 2022.
👤 For Everyone:
Biometrics Everywhere: USCIS plans to collect more biometric data at all stages of the immigration process.
Difficulties for Refugees: For asylum seekers and other participants in humanitarian programs, the right to work in the US will be restricted or entirely abolished.
💡 What Does This Mean in Practice?
At this stage, these are just plans, and many of them may be challenged in court or altered. However, it is a clear signal of the authorities’ intention to tighten rules across the board. Your path to relocation may become more difficult and expensive.
Next Steps: Follow official publications in the Federal Register. Most of these proposals will be open for public comment, and people will have a chance to voice their opinions.
Read more at the source: https://www.fragomen.com/insights/united-states-immigration-agencies-unveil-new-regulatory-agendas.html?mkt_tok=MTMwLUNLSS0zMzMAAAGctZyCf9Z7I5OyrmI0QbsClHXrJIbrxesJkLqLawD7GjeqOVcTqWEwtobPw19rHlL0gHbndY6_fsglusBoEX1OMeXPtHy4nrDgZizJvHVvJz8n
