‘H-1B regulation is…’: Industry experts weigh in as U.S. plans to raise wage rules for foreign workers

Skilled foreign professionals traveling to the United States may soon face higher salary thresholds and stricter visa regulations, with proposed changes expected to increase minimum wage requirements for H-1B and employment-based immigration categories by 21% to 33%.The moves come as U.S. authorities are restricting high-skilled immigration, particularly in STEM fields, by raising wages and reducing post-graduation job options for international students.In March 2026, the Department of Labor (DOL) released a proposal that would increase the prevailing wage required for H-1B visa holders and employment-based immigrants. The rule would increase minimum wage levels by 21% to 33% based on experience. The comment period will close in late May and is expected to be completed in late 2026 or early 2027.In addition to 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 affected employers’ demand for overseas talent.Further restrictions are expected to target international students. The U.S. Department of Homeland Security (DHS) is proposing to replace the “period of status” system with a fixed enrollment period that would require students to seek government approval for an extension. This may affect students enrolled in longer degree programs and may hinder study in the United States.Officials are also expected to introduce rules limiting Optional Practical Training (OPT) and STEM OPT, programs that currently allow graduates to work in the United States after completing their studies. OPT provides work authorization for 12 months, while STEM OPT is further extended for 24 months.Industry experts say the effects of these measures are already showing. “The continued negative press and regulation on H-1B is having an impact,” Green & Spiegel’s Jonathan Grode told Forbes.“The weighted lottery and potential $100,000 fee significantly reduces employer interest in the H-1B visa category, and small employers in particular may be excluded from the category entirely if the proposed wage level ‘surcharge’ is implemented,” he added.There are also growing concerns about processing delays and stricter adjudication standards. Dagmar Butte of Parker Butte told Forbes: “Processing times are getting longer. When time is of the essence, such as when a 240-day authorization to submit an extension promptly is about to expire, we submit all premium or upgraded information.”Agencies are challenging salary levels and documentation, creating uncertainty for employers even if applications are submitted correctly, she added.Legal practitioners also point out that visa applications have become more complex following changes to key forms. Vic Goel of Goel & Anderson told Forbes: “A strong professional career argument therefore emphasizes the complexity of the position, the depth of expertise required and the advanced qualifications required for the position.”They added: “Appropriate prevailing wage levels, on the other hand, are determined based on the minimum qualifications required to perform the duties of the position—that is, what is required of an entry-level, qualified, experienced, or fully competent worker in the occupation, as benchmarked against the Department of Labor’s O*NET Occupational Database. These are related but distinct issues that reinforce each other and may weaken the other.”“Even the most skilled immigration categories are affected, with recent data showing rising denial rates for EB-1 and EB-2 green card applications.