Trump’s War on H-1B in 2026: A Comprehensive Analysis

Overview — The Return of Trump’s H-1B Crackdown

When Donald Trump returned to the White House in 2025, few areas of immigration policy were targeted as aggressively as the H-1B skilled worker visa. Reviving his “America First” agenda, Trump’s administration launched a full-scale campaign against employment-based immigration — portraying the H-1B program as a source of “cheap foreign labor” displacing U.S. workers. The Trump administration’s new $100,000 fee for H-1B visa applications has caused confusion among immigrant workers and their employers, further intensifying the debate around the program. As part of this effort, the issue of trump’s war on h-1b in 2026 has become a focal point for discussions on immigration reform.

However, behind the slogans lies a complex legal and economic reality. The H-1B visa, governed by the Immigration and Nationality Act, remains the backbone of America’s high-tech and research workforce. Nearly 70% of H-1B workers are employed in STEM fields, with major employers including Google, Amazon, and universities nationwide. The program allows up to 85,000 visas to be issued each year, making it a critical channel for addressing talent shortages in key industries.

Trump’s 2025–2026 campaign against H-1B visas builds on the earlier 2017–2020 playbook, but this time with broader enforcement tools, higher costs, and deeper interagency coordination. The result: a climate of uncertainty for employers and skilled professionals alike. The denial rate for H-1B petitions peaked at 24% in fiscal year 2018 during Trump’s administration before falling due to court challenges, highlighting the contentious history of these policies.

A Timeline of Trump’s 2025 H-1B Offensive

The year 2025 has been defined by a rapid escalation of executive actions, rulemakings, and audits targeting H-1B employers. The $100,000 fee is expected to impose higher costs and significantly increase the cost of hiring new foreign talent, potentially pricing out smaller businesses from the H-1B program. As a result, US companies are now facing higher costs and are re-evaluating their reliance on H-1B workers, with some shifting work to offshore teams. This shift may affect US clients’ project delivery and data security.

Key Milestones:

• January 2025: Trump reinstates “Buy American, Hire American 2.0,” signaling a renewed attack on visa programs.
• March 2025: DHS announces “Operation Firewall,” a joint enforcement initiative with DOL and ICE.
• June 2025: USCIS begins issuing “Request for Evidence” (RFEs) at rates not seen since 2019.
• September 19, 2025: Trump signs a Presidential Proclamation imposing a $100,000 H-1B filing fee, marking the single most expensive visa application in U.S. history. The fee was described as a one-time cost that only applies to new applicants.
• October 2025: DOL announces expanded audits of Labor Condition Applications (LCAs) under “Firewall.”
• December 2025: DHS publishes a proposed rule for the 2026 H-1B lottery, shifting toward merit-based selection.

This timeline underscores the strategic coordination between federal agencies — DHS, DOL, ICE, and even the IRS — to discourage reliance on foreign talent through cost, fear, and bureaucracy. Trump’s fee hike is expected to push U.S. companies to rely more on domestic talent and push routine work offshore to India or other hubs.

Inside the $100,000 H-1B Filing Fee

Perhaps the most shocking change of Trump’s second term was the $100,000 H-1B filing fee introduced via Presidential Proclamation in September 2025. The new fee represents a significant increase from the previous fees, making it a deterrent for many employers to sponsor H-1B applications. As a result, companies seeking to hire foreign talent now face unprecedented financial barriers.

The implications of trump’s war on h-1b in 2026 are still unfolding, affecting various industries reliant on skilled foreign workers.

Under this rule, employers must pay $100,000 for each initial H-1B petition or transfer, and this fee must be paid by the employer at the time of filing. The fee applies on top of existing USCIS filing fees, anti-fraud fees, ACWIA fees, and legal costs. The new $100,000 fee took effect at 12:01 a.m. eastern daylight time on September 20, 2025.

Impacts:

• Startups and Small Employers: Priced out of participation. Many can no longer afford to file, effectively reserving H-1Bs for tech giants.
• Universities and Research Institutions: Forced to redirect grant funding to compliance, limiting postdoctoral hiring.
• H-1B Transfers: Workers changing employers now face massive disincentives, reducing labor mobility. The increase in visa fees could lead to a significant reduction in the number of H-1B visas sponsored by Indian companies due to increased costs.

Employer Cost Breakdown (Bar Chart Placeholder)

• Small Business (10–50 employees): $130,000 total cost per H-1B
• Mid-Size Tech Firm (500 employees): $115,000 total cost
• Enterprise (10,000+ employees): $108,000 total cost

For tailored legal support with H-1B or other immigration matters, consider reaching out to the Herman Legal Group.

This fee alone may cut new H-1B filings by up to 60%, based on projections from economic analysts at the Cato Institute and NFAP. Experts predict that the $100,000 fee will lead to labor shortages in fields like tech and medicine in the U.S.

Question: What is Trump’s $100,000 H-1B fee?
Answer: It’s a new Presidential Proclamation fee, imposed in 2025, that dramatically raises the cost for employers filing or transferring H-1B petitions.

DHS and DOL’s “Operation Firewall” Explained

Operation Firewall is the centerpiece of Trump’s 2025 enforcement regime. Jointly run by the Department of Homeland Security (DHS) and the Department of Labor (DOL), the program expands audits, site visits, and data-matching across federal databases to identify alleged visa “abuse.” While some permitting companies may attempt to obtain exemptions or special permissions, the new enforcement regime is designed to target entire industries, not just individual firms.

Key Components:

• Cross-Agency Data Matching: IRS tax data is compared with LCA wage filings.
• Random Employer Audits: DOL audits are triggered by outlier wage levels, job titles, or past filings.
• ICE Investigations: Employers under audit may face surprise workplace visits.
• Public Disclosure: Repeat violators are now listed in a public DHS “H-1B Watchlist.”

According to DOL press releases, the initiative aims to “protect American workers,” but critics argue it’s a de facto deterrent, making H-1B sponsorship legally risky even for compliant firms.

Question: What is Operation Firewall?
Answer: It’s a joint DHS-DOL enforcement campaign, launched in 2025, combining audits, data-sharing, and ICE investigations targeting H-1B employers.

Enforcement Through Fear — How USCIS, ICE, and DOL Are Coordinating

In 2025, enforcement is no longer siloed. USCIS (visa adjudication), DOL (wage compliance), ICE (worksite enforcement), and CBP (border inspections) now operate under shared intelligence protocols.

This coordination enables:

• Real-time flagging of employers across systems.
• Automatic alerts when wage or tax discrepancies are detected.
• Revocations of visas for terminated employees under expedited review.

These measures create an atmosphere of intimidation, where even legitimate employers face multi-agency investigations for minor clerical errors.

Can my employer be investigated under Trump’s H-1B rules?
Yes. Any employer filing an H-1B petition may be flagged for audit or site visit under Operation Firewall’s risk-based model.

H-1B Denial Rates and Trends Under Trump (2025 Data)

Under Trump’s 2025 policies, H-1B denial rates have soared once again, making alternative employment-based immigration routes like the PERM labor certification increasingly important. These rising denial rates have significant implications for college graduates, especially recent degree holders seeking to enter the US job market, as they face increased competition and uncertainty due to shifting immigration policies that affect labor mobility across each country.

Data Snapshot (Table Placeholder):

Notably, while India remains the largest source of H-1B applicants, China is the second-largest country of origin. Changes in US immigration policy have a significant impact on professionals from both countries, influencing global talent flows and migration patterns.

(Source: [USCIS H-1B Performance Data])

Key Trends:

• Increased RFEs: USCIS now re-adjudicates extensions as if new petitions.
• Education Scrutiny: Degrees must “directly correspond” to job duties.
• Prevailing Wage Inflation: Level 2+ wage requirements now standard.

Analysts at the National Foundation for American Policy (NFAP) warn that the 2025–2026 surge in denials will “exacerbate the talent exodus to Canada, the U.K., and Australia.”

H-1B Lottery Reform: What to Expect in 2026

In late 2025, DHS proposed a major overhaul to the 2026 H-1B lottery system — shifting from random selection to “merit-weighted scoring.” The new system is designed to prioritize the best temporary foreign workers with advanced skills and experience, while limiting the entry of less qualified temporary foreign workers.

Proposed Changes (Federal Register):

• Higher weight for advanced U.S. degrees.
• Points for wage levels (Levels 3–4 preferred).
• Automatic disqualification for prior lottery misuse.

This marks a return to Trump’s earlier attempt at a merit-based immigration system, but critics warn it disadvantages recent graduates and entry-level STEM workers.

Will the 2026 H-1B lottery still be random?
No. The proposed DHS rule would rank applicants based on education, wages, and employer type — reducing randomness in favor of “merit.”

Impact on Employers and U.S. Innovation

Trump’s H-1B restrictions are already reshaping the U.S. innovation economy. A peer-reviewed study suggests that the share of workers with H-1B visas positively correlates with patents issued in a state, underscoring the program’s role in driving innovation. In fact, one study found a direct link between the presence of skilled foreign workers and increased innovation, particularly in information technology sectors.

Who’s Affected Most:

• Tech Companies: Hiring freezes and project delays.
• Healthcare Systems: Physician shortages in underserved areas.
• Universities: Loss of international postdocs.
• Startups: Outsourcing critical R&D roles abroad.

Studies by Brookings and Cato Institute show that each denied H-1B correlates to a loss of 2.5 domestic support jobs. Conversely, every H-1B approval increases local wages through innovation-driven spillover.

Case Study:
A Cleveland-based healthcare tech startup planned to hire two AI researchers on H-1Bs. The new $100,000 fee and RFE delays forced the company to move those roles to Toronto, costing Cleveland 10 supporting jobs.

Effects on Foreign Workers and Families

The human cost of Trump’s H-1B crackdown cannot be overstated. Thousands of skilled professionals now face status uncertainty, forced departures, or family separations. Indian employees make up a large share of those affected by the new policies, and many Indian students are now reconsidering their future in the US due to concerns about their career prospects and immigration pathways. The North American Association of Indian Students has also raised concerns about the impact of these changes on educational and career opportunities for Indian students in North America.

Challenges:

• Layoffs: Workers have only 60 days to find new employment.
• Visa Transfers: Now financially unfeasible for many employers.
• Green Card Backlogs: Continue to grow, especially for Indian nationals.

What should an H-1B holder do if laid off?
They can file for change of status to B-2 for extra time or seek cap-exempt employment (universities or nonprofits). Consulting an attorney quickly is essential.

Legal Defenses and Options for H-1B Workers

Despite the crackdown, legal options remain for skilled workers facing denials or terminations.

Strategies:

• Motions to Reopen/Reconsider (MTR): Challenge improper denials.
• Change of Status (COS): Transition to B-2, F-1, or O-1.
• Federal Litigation: Sue USCIS for unlawful denials (under APA).
• Cap-Exempt Pathways: Employment at research institutions.

For advocacy and legal resources, see:

• The American Immigration Lawyers Association (AILA) is the leading professional association for U.S. immigration attorneys, offering legal updates, practice alerts, and advocacy resources related to Trump’s 2025–2026 H-1B policy shifts.
• The National Immigration Project of NLG (NIPNLG) provides litigation support, policy advocacy, and rapid-response guidance for immigrants and attorneys facing increased denials, audits, and enforcement actions under Operation Firewall.
• The USCIS H-1B Hubis the official government portal for current forms, eligibility criteria, registration instructions, and announcements about the H-1B visa program.

Consult an experienced immigration lawyer if you’ve received an RFE, denial, or notice of revocation under the new Trump policies.

The Future of H-1B Under Trump — 2026 and Beyond

Looking ahead, Trump’s vision of “economic nationalism” may reshape skilled immigration for years. The Trump administration’s new policy, introduced by executive order signed by US President Donald Trump, has had ripple effects across the world, impacting tech firms in Silicon Valley and beyond. These changes have been covered a significant amount in the media, as they affect top talent and entire industries. The administration justifies these measures as being in the national interest, aiming to protect American workers wages, but critics argue that the loss of skilled professionals could undermine US leadership in innovation.

Possible Outcomes:

• Congressional Intervention: Bipartisan business groups push for moderation.
• Judicial Review: Courts may strike down portions of Operation Firewall.
• Alternative Visas: Surge in L-1, O-1, and TN filings as employers adapt.

Could the H-1B program survive another Trump term?
Yes, but only in diminished form — with fewer participants, higher costs, and more barriers to entry.

Frequently Asked Questions: Trump’s War on H-1B Visas in 2025–2026

What is meant by Trump’s “War on H-1B” visas in 2025–2026?
It refers to President Donald Trump’s second-term policies targeting the H-1B skilled-worker visa through new fees, stricter adjudications, expanded audits, and enforcement programs like “Operation Firewall.” These measures have collectively raised the cost, complexity, and denial rate for H-1B petitions.

How is Trump’s second-term approach different from his first H-1B crackdown (2017–2020)?
While the first term focused on policy memos and restrictive interpretations, the 2025–2026 strategy uses direct executive actions, DHS rulemaking, and cross-agency enforcement. It combines USCIS scrutiny with DOL audits, ICE investigations, and a historic $100,000 filing fee.

What is the $100,000 H-1B filing fee introduced in 2025?
In September 2025, President Trump signed a proclamation requiring employers to pay $100,000 for each initial H-1B filing or transfer. The fee is in addition to existing USCIS and DOL fees and is intended to discourage U.S. employers from sponsoring foreign talent.

Who must pay the new $100,000 H-1B fee?
The employer — not the foreign worker — must pay it for all cap-subject and transfer petitions. This rule applies equally to large corporations, startups, and nonprofit employers unless specifically exempt under cap-exempt rules.

Why did Trump impose a $100,000 H-1B filing fee?
The administration framed it as a measure to “protect American workers,” but policy analysts view it as a de facto restriction designed to limit H-1B usage by making it financially unviable for small and medium-sized employers.

How does “Operation Firewall” impact H-1B employers?
Operation Firewall, launched in 2025, is a joint DHS-DOL initiative that conducts data-driven audits, IRS-linked wage verifications, and worksite inspections. It targets companies suspected of misclassifying job roles or underpaying H-1B workers.

Can employers be randomly audited under Operation Firewall?
Yes. Audits can be triggered by data anomalies, wage levels, or random selection. DOL may cross-reference filings with IRS data or state tax records, and ICE can follow up with on-site investigations.

What is the effect of Trump’s H-1B policies on denial rates in 2025?
Denials have risen dramatically. Initial H-1B petitions faced rates above 23% in 2025, with extensions nearing 16% — compared to under 6% in 2024. The surge stems from stricter interpretation of specialty occupation and wage-level requirements.

Why are H-1B employers receiving more RFEs (Requests for Evidence)?
USCIS has resumed issuing RFEs for issues like degree-job mismatch, lack of employer-employee control, and insufficient proof of work availability. Even renewal petitions are reviewed “de novo” as if they were new applications.

What are the key goals of Trump’s H-1B crackdown?
The administration aims to:

1. Reduce overall visa issuances.
2. Prioritize U.S. citizens in STEM roles.
3. Deter smaller employers from filing.
4. Shift selection toward “high-wage, high-education” applicants.

How does Trump’s H-1B crackdown affect startups and small businesses?
The $100,000 fee and increased compliance burden have effectively priced out small employers, forcing startups to abandon global hiring or move roles offshore. This change disproportionately benefits large corporations with legal resources.

What industries are most affected by Trump’s 2025–2026 H-1B restrictions?
Technology, healthcare, research, and education sectors are hardest hit. Hospitals, universities, and AI startups face rising costs and delayed project timelines due to fewer available H-1B professionals.

Will there be changes to the H-1B lottery in 2026?
Yes. A proposed DHS rule would transform the random lottery into a merit-based selection system favoring applicants with advanced U.S. degrees, higher wage levels, or employment at critical infrastructure organizations.

Is the 2026 H-1B lottery still random?
Not fully. The 2026 proposal introduces weighted ranking, reducing randomness and rewarding “high merit” filings, which may disadvantage entry-level workers and recent graduates.

How do Trump’s H-1B rules affect international students in the U.S.?
Many F-1 students planning to transition to H-1B are now struggling due to fewer approvals and higher costs. Universities are reporting reduced participation in Optional Practical Training (OPT) pipelines that previously fed into H-1B sponsorship.

Are cap-exempt employers (universities, nonprofits) affected by the new rules?
Cap-exempt entities are not required to pay the $100,000 fee but remain subject to Operation Firewall audits, prevailing wage enforcement, and stricter degree-job correlation standards.

How is Trump’s DHS coordinating with ICE and DOL in 2025?
The agencies share data through interlinked systems. If USCIS flags a wage discrepancy, DOL may launch an audit, and ICE can initiate a site visit. This multi-agency model increases compliance pressure on employers.

Can H-1B employees be deported if their employer is audited?
If the employer is found non-compliant, workers may face visa revocation or be placed in removal proceedings, though they typically receive 60 days to change status or depart voluntarily.

What should an H-1B worker do after being laid off?
They should immediately consult an immigration attorney to explore change of status (e.g., B-2, F-1, O-1) or cap-exempt employment. Acting within the 60-day grace period is critical to avoid unlawful presence.

Can H-1B workers still apply for green cards under Trump’s policies?
Yes, but the process has slowed. USCIS now imposes stricter scrutiny on job offers and labor certifications, and some green-card stages are delayed pending Operation Firewall clearance.

Are there lawsuits challenging Trump’s new H-1B policies?
Yes. Multiple lawsuits have been filed by employer coalitions and universities arguing that the $100,000 fee and enforcement measures exceed presidential authority and violate the Administrative Procedure Act (APA).

What are the economic effects of Trump’s H-1B crackdown?
Economists warn the restrictions reduce U.S. innovation capacity and GDP growth. Studies suggest every approved H-1B supports 2.5 additional U.S. jobs, while denials push talent and startups abroad, especially to Canada and the U.K.

Is Canada benefiting from Trump’s H-1B restrictions?
Yes. Canada’s Global Talent Stream has seen a record influx of U.S.-trained foreign professionals relocating due to America’s higher fees and visa uncertainty.

What are employers doing to stay compliant under Operation Firewall?
They’re conducting internal audits, maintaining detailed wage records, and consulting immigration counsel before filing petitions. Many are shifting hiring strategies toward remote work or offshore teams.

What alternatives exist to the H-1B under Trump’s policies?
Employers and workers are increasingly turning to L-1 intracompany transfer visas, O-1 extraordinary ability visas, and TN visas for Canadian and Mexican professionals.

How long does an H-1B audit take in 2025–2026?
Audits can last anywhere from 3 to 12 months, depending on complexity. Employers under audit may face petition holds or extension denials until cleared.

Can employers still file multiple H-1B petitions for the same worker?
No. Multiple filings are treated as fraudulent attempts and can result in petition rejection and employer blacklisting under the DHS anti-duplication rule. For information on other visa transitions, such as moving from H2B visa to green card, see our detailed guide.

Are foreign workers in the U.S. still safe to travel abroad under Trump’s new policies?
Travel carries risk. CBP has increased secondary inspections at ports of entry, and returning H-1B holders may face questions about employer compliance or pending audits.

Do Trump’s policies affect H-4 spouses and dependents?
Yes. H-4 EAD work authorization is currently under review, with new applications paused. Many families are losing secondary incomes while awaiting DHS clarification.

What role does the Department of Labor play in Trump’s H-1B crackdown?
DOL verifies prevailing wages, audits LCAs, and collaborates with DHS through Operation Firewall to identify suspected violators. Its expanded authority allows random audits across industries.

What is the “H-1B Watchlist”?
It’s a DHS database publicizing employers repeatedly flagged for wage or compliance issues. Inclusion can trigger automatic RFEs and deter future filings.

Can an employer appeal an H-1B denial under Trump’s policies?
Yes. They may file a Motion to Reopen/Reconsider (MTR) or seek federal court review under the APA if USCIS acted arbitrarily.

How are Trump’s H-1B policies viewed internationally?
Global critics argue the policies undermine America’s reputation as a magnet for talent. Competitor nations are using the moment to recruit skilled STEM professionals leaving the U.S.

What is the future of the H-1B program under Trump through 2026?
If current trends continue, H-1B approvals will decline, employer costs will soar, and alternative pathways (like remote hiring) will dominate. Legislative or judicial intervention could alter the trajectory.

Could Congress reverse Trump’s H-1B restrictions?
Possibly. Bipartisan business coalitions are lobbying for reforms to restore access for small employers and high-demand sectors. However, executive power remains dominant in 2025–2026.

Should H-1B employers and workers consult an attorney?
Absolutely. Given the evolving policies, legal representation is critical for navigating audits, RFEs, and compliance. Experienced immigration attorneys can help employers mitigate penalties and protect workers’ status.

How does Attorney Richard Herman assist clients affected by Trump’s H-1B crackdown?
With over 30 years of experience, Richard T. Herman advises employers and H-1B professionals on compliance, audits, denials, and litigation strategies. He offers multilingual consultations through the Herman Legal Group to help clients adapt to 2025–2026 rule changes.

Where can I get help understanding the 2025–2026 H-1B policy changes?
Workers and employers can seek guidance from immigration attorneys, professional organizations like AILA, and trusted legal sources such as the Herman Legal Group, which regularly publishes updates and hosts consultations for affected clients.

Final Thoughts — America’s Talent Crossroads

Trump’s renewed assault on the H-1B program reveals a deeper question: Will America continue to attract the world’s best talent, or will restrictive policies drive innovation abroad?

The next two years will define whether the U.S. remains the global leader in innovation — or yields ground to nations like Canada that welcome skilled immigrants.

Civic engagement, advocacy, and access to counsel remain critical. The war on H-1B is not just a legal battle — it’s a fight over America’s economic future.

Take Action Before It’s Too Late: Protect Your Career, Your Family, and Your Future

If you’re worried about how Trump’s 2025–2026 crackdown on H-1B visas could affect your job, status, or future in the United States, you are not alone. New executive proclamations, $100,000 filing fees, “Operation Firewall” audits, and stricter USCIS adjudications are transforming how employers and skilled professionals must navigate the system.

In this new era of enforcement and uncertainty, even a small mistake on a petition, wage record, or RFE response could lead to denial — or worse, loss of lawful status. That’s why it’s critical to speak with an immigration attorney who not only understands the changing law, but has spent decades helping professionals, families, and employers survive and thrive through every shift in U.S. immigration policy.

Attorney Richard T. Herman is one of America’s leading voices on immigration, with over 30 years of experience representing skilled workers, multinational companies, and entrepreneurs in complex H-1B and employment-based cases. As co-author of the national bestselling book Immigrant, Inc. (available on Amazon), Richard has spent his career demonstrating how immigrants drive innovation, economic growth, and community renewal — the very principles now under attack.

Richard and his team at the Herman Legal Group have successfully defended clients against audits, RFEs, site visits, and denials under both Trump administrations. Their multilingual attorneys offer personalized, one-on-one consultations to help you understand your rights, evaluate options, and take proactive steps to secure your future.

Why You Should Contact Richard Herman Today

• 30+ Years of Proven Experience in H-1B and employment immigration.
• National Reputation — quoted by CNN, NPR, and The New York Times for insights on U.S. immigration policy.
• Strategic, Hands-On Representation for employers and professionals targeted by new rules, audits, or denials.
• Empathetic Counsel rooted in the belief that immigrants are vital to America’s innovation and prosperity.
• Immediate Access to legal guidance via phone, Zoom, WhatsApp, or in-person across multiple U.S. cities.

Don’t Wait for a Denial or Audit — Get Ahead of the 2025–2026 Crackdown. Understand the implications for green card holders under potential Trump policies.

With Trump’s administration escalating its war on H-1B workers and employers, waiting could cost you your visa, your job, and your future. Get the clarity, confidence, and protection you need today.

👉 Schedule a confidential consultation now with Attorney Richard T. Herman to discuss your situation, build a plan, and safeguard your American dream.

Because when the stakes are this high, experience matters — and your future deserves nothing less.

Authoritative Government Resources

The U.S. Citizenship and Immigration Services (USCIS) provides the official overview of the H-1B specialty occupation program, explaining eligibility, employer obligations, and filing procedures. Review the updated USCIS H-1B Specialty Occupations page for comprehensive requirements and 2025 guidance.

Employers must also follow the USCIS H-1B Electronic Registration Process to enter the annual lottery. This system was maintained but modified under Trump’s second term to include heightened security checks and pre-selection screening.

For policy updates and case guidance related to Trump’s $100,000 H-1B filing fee, the USCIS H-1B FAQ page explains implementation and employer responsibilities.

On September 19, 2025, the White House issued a Presidential Proclamation on Restriction of Entry of Certain Nonimmigrant Workers, which directly impacted H-1B eligibility, fee structure, and adjudication standards.

In late 2025, the Department of Homeland Security (DHS) and USCIS jointly proposed a Weighted Selection Process for H-1B Cap Registrations through the Federal Register. This rule aims to prioritize higher wage levels and advanced degrees in the 2026 lottery, replacing the random selection model.

The U.S. Department of State (DOS) issued visa guidance implementing this proclamation, detailed on its Nonimmigrant Visa Updates Page, affecting consular processing and visa issuance worldwide.

The U.S. Customs and Border Protection (CBP) issued internal entry inspection memos clarifying secondary screening for H-1B visa holders under audit or petition review.

Labor, Wages, and Compliance (DOL/ETA)

The Department of Labor (DOL) Employment and Training Administration (ETA) maintains the official H-1B, H-1B1, and E-3 Specialty Occupations Program Page. This outlines the Labor Condition Application (LCA) process, prevailing wage requirements, and employer penalties under Operation Firewall.

Employers must use the Foreign Labor Application Gateway (FLAG) to submit LCAs and view certified wage determinations.

Worksite Enforcement and Interagency Operations

The U.S. Immigration and Customs Enforcement (ICE) site on Worksite Enforcement explains how audits, I-9 inspections, and employer investigations are coordinated with DOL and DHS under Trump’s Operation Firewall.

These interagency efforts are part of the broader “Hire American” 2.0 initiative, combining IRS, CBP, and USCIS data to cross-audit employer wage filings and immigration petitions.

Official Data, Denial Trends, and Policy Reports

Annual reports like the Characteristics of H-1B Specialty Occupation Workers FY2023 and FY2024 report provide insight into nationality, occupation type, and education levels among approved petitions. These datasets are key for analyzing 2025–2026 denial spikes.

The [LINK 1]Federal Register DHS Proposed Rule on Weighted Selection explains how lottery weighting will be calculated by education and wage level starting in FY2026.

Professional Associations and Advocacy Groups

The American Immigration Lawyers Association (AILA) offers expert commentary, practice alerts, and cap season resources. Practitioners can review:

The National Immigration Project of the National Lawyers Guild (NIPNLG) provides litigation support and employer compliance guidance for those affected by targeted audits.

The National Foundation for American Policy (NFAP) publishes data-driven studies on H-1B denial rates, economic impact, and policy outcomes under Trump’s enforcement model.

For economic and labor market analysis, the Cato Institute offers policy briefs such as “Fees for H-1B Visas Harm the U.S. Economy” that evaluate how the $100,000 fee impacts innovation and job creation.

Brookings Institution immigration research provides insight into how restrictive H-1B measures affect America’s AI and STEM competitiveness in 2025–2026.

Employer Readiness and Compliance Guidance

Employers facing inspections or audits should consult the ICE Worksite Enforcement Guidelines and

DOL Wage Guidance to prepare for Operation Firewall audits.

Summary of Key Resource Functions