The Trump administration intends to propose changes to the H-1B visa program for foreign professionals, limit foreign student work opportunities, and amend the wage methodologies of the H-2A and H-2B seasonal worker programs, according to a regulatory agenda released by the White House Sept. 4.

These proposals were not unexpected; legal experts predicted the administration would bring changes to visa programs and employment-based immigration policies back in January. The changes are not a sure thing, however: Agency agendas often feature goals that are postponed or never come to fruition.

H-1B Reforms

U.S. Citizenship and Immigration Services (USCIS) intends to propose a rule in December that would revise the eligibility criteria for exemptions from the H-1B cap, impose additional requirements on third-party placement of H-1B employees, and impose an additional level of scrutiny on employers deemed to have violated H-1B program requirements. This could affect several categories of employers:

• Universities and research institutions: "The proposed changes would include revisions to cap exemption eligibility criteria for universities and nonprofit research organizations, potentially affecting institutions that have historically been exempt from the annual H-1B numerical limitations," said Ian Macdonald, an attorney and co-chair of the International Employment, Immigration & Workforce Strategies group at GreenbergTraurig in Atlanta.

• Those with prior compliance issues:...

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