Staff Reports
The Department of Homeland Security just moved on three big changes that will shake the H-1B visa world. These are not small tweaks. Secretary Markwayne Mullin and the team at DHS have put a proposal on the regulatory agenda to strip certain H‑4 spouses of their work permits, cleared a plan to end the 60‑day grace period many H‑1B workers rely on, and circulated a draft rule that would tack a $103,265 fee onto every cap‑subject H‑1B petition. President Donald Trump has his agency pushing a hard line on H‑1B policy, and businesses and immigrant families are paying attention — nervously.
What DHS announced: H‑4 EAD, grace period, and a six‑figure fee
First, DHS has revived a rulemaking called “Removing H‑4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.” That would, if finalized, stop certain H‑4 spouses from getting Employment Authorization Documents (EADs). Second, DHS cleared a proposed rule through OIRA that would eliminate the discretionary 60‑day grace period H‑1B workers now get if they are laid off. OIRA clearance usually means publication in the Federal Register is next. Third, DHS has a draft rule that would add a $103,265 supplemental fee to each cap‑subject H‑1B petition. None of these steps are final yet, but together they form a clear policy push.
Why this matters: protecting American workers or punishing families?
Put simply: this makes H‑1B hiring more costly and less flexible. A six‑figure fee will chill demand, especially at startups and small firms that often hire cap‑subject H‑1Bs. Losing the 60‑day cushion ties foreign workers even tighter to one employer. And taking H‑4 work permits away would cut incomes in many households where spouses currently earn and pay taxes. Conservatives should cheer efforts to stop wage suppression and overuse of H‑1Bs as cheap labor. But smart reform means Congress should act too — not just rely on big fees and regulation that can bounce around in court.
Legal fights and next steps to watch
These are regulatory moves, not laws. DHS must publish proposed rules, take public comments, and then issue final rules. Expect industry groups, universities, and immigration advocates to sue if DHS tries to finalize the fee or kill H‑4 EADs. That is what happened before when a prior six‑figure fee was tossed by a court as unlawful. Secretary Mullin and the Biden would‑have‑been critics excuse aside, the administration will likely defend the rules in court. Follow Federal Register publications and the comment windows — that’s where the battles will be fought.
Bottom line: a clear change in direction — and a chance for real reform
President Donald Trump’s DHS is moving to make the H‑1B program more expensive and less prone to gaming by big corporations. That is a welcome change for millions of American workers who have watched companies treat foreign visas like a staffing trick. Still, regulators should avoid collateral damage to small employers and families who play by the rules. Lawmakers in Congress should step up with clear, pro‑worker H‑1B reform that protects American wages while allowing true talent to come here. If not, expect regulatory whack‑a‑mole and long legal fights that leave everyone worse off.
