The US president Donald Trump’s administration is poised to release a new H-1B rule that would include more immigration limitations on who is eligible for the visa and how firms use it. Kenyans and other nationals at JKIA. Image for illustration. The Department of Homeland Security (DHS) released its regulatory agenda just before the White House announced a $100,000 (KSh 12.9 million) fee targeted at H-1B visa applicants. Why new restrictions on H-1B visa? Formally titled “Reforming the H-1B Nonimmigrant Visa Classification Program,” the proposals are officially listed in the Federal Register. . Among other things, they include technical provisions such as revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third-party placements.
According to Forbes, a regulation to alter the H-1B visa category is on the table and could be implemented in December 2025. “In its proposed reform of the H-1B program, DHS will, among other things, increase monitoring over third-party placements, provide more scrutiny for companies that have violated program standards, and update eligibility for cap exemptions. These adjustments are meant to strengthen the H-1B nonimmigrant program’s integrity and better safeguard the pay and working conditions of American workers,” the proposed rule states. The US president Donald Trump has imposed new immigration policies. Photo: Brendan Smialowski. Source: Getty Images Why are H-1B visas important? Temporary H-1B visas are crucial since they are usually the only feasible option for highly qualified foreign workers to stay in the US for an extended period of time before obtaining permanent residency (a green card).
The annual cap for H-1B visas is 65,000, with an additional 20,000 exemptions for individuals holding a master’s degree or higher from a U.S. university. International students make up 73% of full-time graduate students in computer and electrical engineering at US universities. What the the requirement for US employers? Along with government costs that frequently surpass $6,000 (KSh 772,320), employers are required by the US law to pay the higher of the actual or prevailing wage paid to U.S. professionals with comparable experience and qualifications. Studies show that H-1B visa holders earn as much as or more than American workers with similar training and experience. Policies put in place by the US Citizenship and Immigration Services during Trump’s first term led to historically high rates of H-1B visa denials, but they were reversed by the court.
By Japhet Ruto
