The U.S. administration has released a new regulatory agenda that signals a major overhaul of the country’s immigration system. These are proposals, not laws yet. Before taking effect, they must go through formal rulemaking, including publication of proposed rules, public comment, and final approval. Some may also face legal challenges.

Here’s a complete overview of what is proposed and how it could affect Indian professionals, students, employers, and H-4 visa holders.

H-1B Visa Rules Could Become Much Stricter 

The Department of Homeland Security (DHS) plans to publish a proposed H-1B reform rule around August 2026. 

Proposed Changes 

Stricter H-1B Cap Exemptions 

Currently, certain organizations are exempt from the annual H-1B cap, including:

• Universities
• Non-profit research institutions
• Government research organizations

The administration proposes narrowing these exemptions.

Greater Oversight of Third-Party Placements 

This is especially significant for Indian IT companies like:

• Tata Consultancy Services (TCS)
• Infosys
• Wipro
• HCLTech
• Tech Mahindra

Many employees work at client locations in the US.

Employers may have to prove:

• A genuine employer-employee relationship exists.
• The employee will perform specialty occupation work.
• The assignment is legitimate.
• Additional contracts and work orders support the petition.

This could make approvals more difficult.

More Scrutiny for Employers with Past Violations 

Companies with previous H-1B compliance issues may face:

• More Requests for Evidence (RFEs)
• Additional audits
• Slower processing
• Higher denial risk

Higher Supplemental Fees 

A special fee currently applies only to certain new H-1B filings. The proposal would expand it to include:

• H-1B extensions
• Continuing employment petitions

This mainly affects employers with:

• More than 50 US employees
• More than 50% of workers on H-1B or L-1 visas

Indian outsourcing firms would likely face significantly higher costs.

Higher Minimum Salary Requirements 

The Department of Labor proposes changing prevailing wage calculations. 

Current Entry-Level Wage

17th percentile

Proposed Entry-Level Wage

34th percentile

Higher wage levels would also increase.

Employers sponsoring foreign workers would need to pay substantially higher salaries. This could lead to:

• Fewer sponsorships
• More selective hiring
• Reduced opportunities for junior candidates

The proposal also aims to reduce incentives to hire lower-paid foreign workers.

PERM Green Card Process Could Change 

PERM is the first major step toward many employment-based Green Cards. The Labor Department proposes:  

• Tougher recruitment requirements
• Stronger protections for US workers
• New layoff-related rules
• Enhanced anti-discrimination provisions

Potential effects include:

• Longer processing
• More employer documentation
• Increased compliance costs
• Slower Green Card sponsorships

Student Visa Rules Could Change Dramatically 

India sent approximately 360,000 students to the US during the 2024–25 academic year, making it the largest source of international students. 

End of “Duration of Status”

Currently, F-1 students may remain in the US as long as they continue to meet the requirements of their academic program. The proposal would replace this with:

• A fixed visa validity period.

When that period ends, students would need to apply for an extension even if they are still enrolled.

OPT and STEM OPT May Be Tightened 

Another proposal, expected in February 2027, would review:

• Optional Practical Training (OPT)
• 24-month STEM OPT extension
• Curricular Practical Training (CPT)

Possible outcomes include:

• Stricter eligibility
• Shorter work periods
• Additional employer requirements
• Increased scrutiny

Since many Indian graduates rely on OPT before moving to H-1B status, these changes could significantly affect career planning.

Also Read: US Tourist Visa Wait Time in India Reaches 9.5 Months

H-4 EAD Work Authorization 

One of the biggest concerns is Employment Authorization Documents (EADs). Currently, many H-4 spouses can continue working while renewal applications are pending through automatic extensions. The administration plans to end those automatic extensions.

Potential Impact

If USCIS takes several months to process an EAD renewal:

• The applicant may temporarily lose work authorization.
• They may need to stop working until the new EAD is approved.

This could affect thousands of Indian H-4 spouses waiting for employment-based Green Cards.

Also Read: US Plans Higher H-1B Visa Minimum Wage

Increased Employer Compliance 

Employers could face:

• More paperwork
• Additional documentation
• More site visits
• More audits
• Increased filing costs
• Greater legal risks

Companies may become more cautious about sponsoring foreign workers because of the added expense and compliance burden.

Also Read: U.S. Immigration Updates for July 2026

Slower Processing and More Vetting 

Recent immigration policy changes have already led to:

• Enhanced background checks
• More Requests for Evidence
• Longer processing times
• Greater scrutiny of applicants’ social media and personal information in some cases
• Hiring delays for employers

If the proposed US immigration rules are finalized:

• H-1B approvals could become more difficult.
• Employers may sponsor fewer foreign workers because of higher wage and compliance costs.
• Indian IT consulting firms could face increased scrutiny.
• Green Card sponsorships may become slower and more expensive.
• International students may have to renew status more frequently.
• OPT and STEM OPT opportunities could become more restrictive.
• H-4 spouses may experience employment interruptions if EAD renewals are delayed.
• Overall, foreign professionals and students could face greater uncertainty while navigating the U.S. immigration system.

Why Indians Could Be the Most Affected 

India has the largest share of:

• H-1B visa holders
• Employment-based Green Card applicants
• H-4 dependent visa holders with work authorization
• International students in the US

Because of this, any tightening of employment or student visa rules is expected to have a disproportionate impact on Indians.

Important: None of these proposals are currently in force. They must complete the federal rulemaking process, including publication, public comment, and final approval, and some could be modified or blocked through litigation before taking effect. 

Planning a trip between the USA and India? Save $25 on eligible flight bookings with Indian Eagle using coupon code IETDUS250. Book between July 4 and July 11 during this 8-day offer and enjoy extra savings on your next journey.

The post New US Immigration Rules Could Reshape H-1B Visas, Student Visas, and Green Cards appeared first on Travel Blog | Travel Inspiration, Tips and News | Travel Diary.

The F-1 student visa is the main visa category for international students pursuing academic studies in the United States. It comes with specific rules regarding enrollment and work eligibility. A clear understanding of the F-1 student visa rules and work regulations is necessary to remain compliant and informed. 

F-1 Visa (Academic Students)

The F-1 visa is the most widely used student visa and is intended for students enrolled in academic programs. These programs must be offered by SEVP (Student and Exchange Visitor Program)-certified institutions, such as universities, colleges, high schools, or English language training programs approved by the U.S. government.

• It is issued to students pursuing degree programs like Bachelor’s, Master’s, or PhD.
• Students must maintain a full course load during their studies.
• The visa allows limited employment opportunities such as on-campus work of up to 20 hours per week during academic sessions. 
• It may also provide pathways like Optional Practical Training (OPT) after graduation, allowing students to gain work experience in their field. 

According to U.S. immigration data, there are over 1 million international students in the U.S. on F and M visas combined. The F-1 category accounts for the vast majority of academic enrollments. Due to its academic flexibility and post-study work options, it is the preferred choice for most international students in the United States. 

F-1 Visa Work Rules

This visa comes with strict employment limitations. While it does allow some work opportunities, they are tightly regulated.

On-Campus Employment:

F-1 students are allowed to work on campus under clearly defined conditions:

• Students are allowed to work up to 20 hours per week during academic terms.
• Full-time work (more than 20 hours per week) is allowed only during official school breaks such as summer or winter holidays
• Employment must be directly on campus or at affiliated locations (e.g., university bookstore, cafeteria, library, or research labs)
• No separate work permit is required, but the student must maintain valid SEVIS status and follow institutional approval procedures

On-campus employment is considered the safest and most straightforward form of legal work for F-1 students.

Off-Campus Employment (Strictly Regulated):

Off-campus employment is where most visa violations occur because it is not automatically allowed. Students must receive prior authorization through one of two official programs:

CPT (Curricular Practical Training)

• CPT is work experience integrated into the academic curriculum
• It includes internships, cooperative education programs, or required training components
• The employment must be authorized by the student’s Designated School Official (DSO)
• It requires the job to be directly related to the student’s major field of study
• Students can work part-time during semesters or full-time during breaks or extended programs.

OPT (Optional Practical Training)

• OPT allows temporary employment directly related to the student’s field of study
• Standard OPT provides up to 12 months of work authorization.
• STEM students (Science, Technology, Engineering, Mathematics) may qualify for a 24-month extension, bringing total OPT to 36 months
• Authorization is granted by U.S. Citizenship and Immigration Services (USCIS) through an Employment Authorization Document (EAD)

According to SEVP guidelines, both CPT and OPT are intended to provide practical training that enhances academic learning, not general employment.

Unauthorised Employment for F-1 Students

Many F-1 visa holders misunderstand the strict boundaries of employment authorization. Under U.S. Student Visa Rules, the following are generally prohibited without CPT or OPT approval: 

• Jobs like restaurant work, gas stations, retail stores, or other unrelated service roles are generally not permitted off-campus
• Informal or cash-based employment (“under-the-table” jobs)
• Freelancing or gig work (e.g., driving, tutoring, online work) without proper authorization
• Any employment unrelated to the student’s field of study without approval

Note: Even a few hours of unauthorized work can be considered a violation of F-1 status. Working without authorization can lead to serious consequences, including visa revocation, termination of student status, and difficulty obtaining future U.S. visas. 

For students and families traveling between the United States and India, managing travel costs is also an important part of the overall journey. Indian Eagle offers flight deals between both countries, helping international students and travelers find more affordable options for long-haul travel.

FAQs 

Can F-1 students work in the U.S.?
Yes, but only under strict rules. Limited on-campus work is allowed, and off-campus work requires authorization through programs like CPT or OPT.

How many hours can students work?
Students can work up to 20 hours per week on campus during academic terms and full-time during official breaks.

What is CPT for international students?

CPT allows students to work in jobs or internships that are part of their academic program and directly related to their field of study.

What is OPT?

OPT allows students to work in their field of study for up to 12 months after completing their degree, with possible extensions for STEM graduates.

Can I work off campus without permission?

No. Off-campus work without authorization is a violation of visa rules and can lead to serious consequences.

Do I need a work permit for on-campus jobs?

Not required, but students must maintain valid status and follow school approval procedures.

Can I do freelance or online work?

Not without proper authorization. Freelancing or gig work is generally not allowed unless approved under CPT or OPT.

Is CPT required for all internships?

Yes, if the internship is off-campus and related to your program, CPT authorization is required before starting.

The post New F-1 Student Visa Rules and Work Regulations 2026 appeared first on Travel Blog | Travel Inspiration, Tips and News | Travel Diary.

Key Takeaways: 

• The U.S. has introduced a hefty fee for H-1B visa petitions filed from outside the country, making it costlier for graduates who leave the U.S. before transitioning to work status. 
• International students who stay in valid F-1 status and apply for H-1B change of status from within the U.S. are not required to pay this fee, emphasizing the importance of maintaining continuous legal status.
• The Department of Homeland Security may soon replace the open “duration of status” rule with a fixed four-year visa period, requiring extensions for longer programs and tightening oversight of student stays. 

International students holding F-1 Visas face significant policy shifts affecting their academic journey and career transition in the United States. Three major developments demand immediate attention from the over 330,000 Indian students and millions of international students currently pursuing education in America.​ Under the new H-1B fee and F1 Visa rules, students and foreign professionals face evolving compliance expectations that demand careful documentation, timely filing, and financial readiness.

H-1B Fee Exemption for Students

The presidential proclamation dated September 19, 2025, announced a major $100,000 charge on new H-1B visa petitions filed from outside the United States. This fee takes effect for applications submitted beginning 12:01 a.m. EDT on September 21, 2025, and applies to foreign applicants without existing H-1B authorization.

The exemption brings relief to F-1 students currently in the United States. Students maintaining valid F-1 status who apply for H-1B change of status from within the country avoid the fee entirely. The exemption covers those on Optional Practical Training (OPT) and STEM OPT extensions, provided they remain in the United States throughout the application process.​

USCIS clarified October 20, 2025, that the fee does not apply to change of status scenarios. Students transitioning from F-1 to H-1B status while remaining in America face no additional financial burden from this policy.​

F-1 Students Must Stay in Status to Avoid Fee

Even with current safeguards, certain circumstances may still make F-1 visa holders liable for the $100,000 fee. Students who depart the country before their H-1B petition is fully processed, attempt to reapply for a visa overseas after losing F-1 eligibility, or have their change-of-status request denied could face this charge. The best way to avoid the risk of additional costs is to maintain continuous F-1 status and ensure that all filings occur inside the U.S.​

Also Read: H1B visa 2025

DHS Proposes Four-Year Limit on F-1 Visas 

The Department of Homeland Security published a proposed rule August 28, 2025, potentially ending the “duration of status” system that has operated for nearly fifty years. Currently, students remain in the United States for their entire academic program length while maintaining full-time enrollment and visa compliance.​ The proposed framework would impose a fixed maximum period of four years, after which students must request extensions from USCIS. Students would receive admission for their program length or four years, whichever comes first.​

Extension Rules and Restrictions for F-1 Visa Holders

Students seeking additional time for academic completion, OPT involvement, or doctoral pursuits must apply to USCIS via Form I-539. The process requires submission of fees, documentation of financial resources, biometric data, and occasionally, attendance at an interview.

Additional restrictions include undergraduate students completing one academic year before transferring schools, graduate students unable to change programs mid-course, and prohibition of new degrees at the same or lower level while maintaining F-1 status. Language study duration faces a 24-month cap.​

F-1 Grace Period Reduced to 30 Days 

The grace period following study completion would shrink from 60 days to 30 days under the proposed rule. Students exceeding the new 30-day limit without departing or applying for status change could begin accruing unlawful presence.​ Extension of stay denials after original admission periods expire would eliminate grace periods entirely. Students and dependents must depart immediately, with failure to do so triggering unlawful presence accumulation the day after denial.​

DHS Proposal Awaiting Public Feedback

Public feedback and revision phases follow the proposal of the new duration rule before it can move toward implementation. National bodies and other major stakeholders are currently assessing and submitting their remarks. Once approved, the finalized rule will become effective on a date to be officially announced.​ DHS states the proposed changes aim to improve oversight, ensure academic progress, and create consistency across nonimmigrant classifications. The agency argues that assigning fixed end dates allows regular compliance reassessment and reduces abuse opportunities.​

Plan Ahead for F-1 to H-1B Transitions 

F-1 students should maintain enrollment, follow institutional guidelines, and plan visa transitions carefully amid current rules and proposed changes. Universities provide guidance ensuring students remain compliant while pursuing academic and professional objectives.​

The H-1B fee exemption for in-country status changes offers financial and career advantages, while the proposed fixed-duration F-1 visa highlights potential future adjustments. Coordination with designated school officials and understanding both immediate policy updates and proposed modifications enables informed decision-making regarding studies, internships, and post-graduation employment.​

Looking for the best deals on India to USA flights to start your studies or return for OPT? With the new H-1B fee and F1 Visa rules, planning your travel carefully is more important than ever. You can also book hassle-free through Indian Eagle flight tickets to secure affordable options and flexible schedules while staying compliant with visa timelines.

Frequently Asked Questions 

What is the new $100,000 H-1B fee?

The U.S. government has introduced a $100,000 fee for H-1B visa applications filed from outside the United States. F-1 students who apply for a change of status within the U.S. (e.g., on OPT or STEM OPT) are exempt from this fee. 

When does an F-1 student need to pay the fee?

An F-1 student may owe the $100,000 fee if they leave the U.S. before H-1B approval, apply abroad after losing status, or face a change-of-status denial. Staying in valid F-1 status and filing within the U.S. prevents this. 

What is the proposed four-year F-1 duration limit? 

The DHS has proposed limiting F-1 visas to four years, requiring students to apply for an extension if their studies take longer. 

How can F-1 students apply for extensions? 

F-1 students can extend status via Form I-539 with fees and documents, following rules on transfers, program changes, and the 24-month language study limit. 

How is the grace period changing after study completion?

The grace period after study may drop from 60 to 30 days, with any denied extension removing it completely and overstays leading to unlawful presence.

The post From Study to Work, New H-1B Fee and F-1 Visa Rules Change the Game for Students appeared first on Travel Blog | Travel Inspiration, Tips and News | Travel Diary.