The Trump administration on May 22 threw a wrench into the gears for employment-based green cards by making it more burdensome for H-1B visa holders to apply for a green card. That’s the latest step in Trump’s long campaign to limit the H-1B program or holders of that visa.

First Trump administration – key changes, which were reversed watered down or not otherwise implemented:

1. Higher minimum wages. The Labor Department would have reset required H-1B wage levels much higher, so employers could not hire foreign professionals at wages below new government benchmarks. In practice, many H-1B workers would become too expensive to sponsor, especially in lower-paid regions or occupations.
2. Narrower “specialty occupation” rules. DHS would have required a tighter match between the job and a specific degree field. A general degree, or a job open to several related degrees, might not qualify. This would make H-1B approvals harder for flexible or hybrid professional jobs.
3. Limits on early-career professionals By favoring higher wage levels, the rules would disadvantage new graduates and junior workers, who are usually paid Level 1 or Level 2 wages. The likely result: fewer H-1Bs for international students just leaving U.S. colleges and entering entry-level professional jobs.
4. Replacing the lottery with wage-based selection Instead of randomly selecting H-1B registrations when applications exceeded the cap, USCIS would rank or prioritize workers by offered wage level. Higher-paid applicants would move ahead. Lower-paid applicants would remain technically eligible but would have much lower chances.

Second Trump adminstration

1. $100,000 H-1B charge. The administration imposed a $100,000 payment for many new H-1B petitions. Law suits have kept the policy implementation unsettled. An exemption for doctors has been requested but not formally resolved.
2. Replacing the lottery. Trump again has introduced a weighted system to replace a lottery, to be effective in FY 2027. This effectively removes the program for lesser paid early career professional.
3. Higher prevailing-wage levels. Again, re-implementation of an attempted first administration policy, with a Labor Dept rule issued in March, 2026.
4. Return to country of origin for a green card. Holders of an H-1B visa must return to their country of origin to apply from there. This rule was issued on May 22. This rule affects many more than H-1B holders. Many H-1B holders have planned to and succeeded in transitioning from H-1B to green card. In past years, about half of the 140,000 employment-based green card awards have gone to H-1B holders and their families.