‘Regulation on H-1B is...’: Experts weigh in as US plans higher wage rules for foreign workers

Skilled foreign professionals heading to US could soon face higher salary thresholds and tighter visa rules, with proposed changes expected to raise minimum pay requirements by 21% to 33% under H-1B and employment-based immigration categories. The moves comes as US authorities are pushing to restrict high-skilled immigration through tougher wages and reduced post-study work options for international students, particularly in STEM fields. In March 2026, the Department of Labour (DOL) published a proposal that would increase the required prevailing wage for H-1B visa holders and employment-based immigrants. The rule would raise minimum salary levels by 21% to 33%, depending on experience. The comment period is due to close in late May, with finalisation expected by the end of 2026 or early 2027. Alongside wage changes, immigration enforcement is tightening in other areas. In September 2025, the Trump administration imposed a $100,000 fee on new H-1B visa entrants, a move that has already affected employer demand for overseas talent. Further restrictions are expected to target international students. The Department of Homeland Security (DHS) has proposed replacing the “duration of status” system with fixed admission periods, requiring students to seek government approval for extensions. This could affect those enrolled in longer degree programmes and may discourage study in US. Officials are also expected to introduce rules limiting Optional Practical Training (OPT) and STEM OPT, programmes that currently allow graduates to work in the US after completing their studies. OPT provides 12 months of work authorisation, while STEM OPT extends this by a further 24 months. Industry experts say the effect of these measures is already being felt. Jonathan Grode of Green & Spiegel told Forbes: “The constant barrage of negative news and regulation on the H-1B front is having an effect." He added: “Weighted lotteries and $100,000 potential fees have dramatically decreased employer interest in the H-1B visa category, and if the proposed ‘surcharge’ to wage levels is enacted, small employers in particular might just be fully priced out of the category.” Concerns are also growing over processing delays and stricter adjudication standards. Dagmar Butte of Parker Butte told Forbes: “Processing times are getting longer and longer. We are filing everything premium or upgrading when timing becomes critical, such as when the 240-day authorization for timely filed extensions is about to run out.” She added that agencies are challenging wage levels and documentation, creating uncertainty for employers even when applications are properly filed. Legal practitioners also point to new complexity in visa applications following changes to key forms. Vic Goel of Goel & Anderson told Forbes: “A strong specialty occupation argument therefore emphasizes the position’s complexity, the depth of expertise required, and the advanced qualifications the role demands." They added: “The appropriate prevailing wage level, on the other hand, is determined by reference to the minimum qualifications required to perform the position’s duties, i.e., what an entry-level, qualified, experienced, or fully competent worker in that occupation would need, benchmarked against the Department of Labour’s O*NET occupational database. These are related but distinct inquiries, and what strengthens one can undermine the other. ” Even the highest-skilled immigration categories are suffering, with recent data showing rising denial rates for EB-1 and EB-2 green card applications.