Current trends
Current trends

The employment-sponsored US immigration landscape continues to shift with policy and procedural changes designed to (i) increase scrutiny at each point in the immigration process, (ii) limit immigration from certain countries, and (iii) create growth opportunity for certain sectors while protecting US workers. While many agree that comprehensive immigration reform may be long overdue, full-scale proposals are unlikely to gain much traction given the current geopolitical environment and differing priorities in immigration policy largely drawn along party lines.

Most notable changes under the current Trump Administration are the result of an increase and/or new methods of enforcement under existing laws rather than the creation of new statutory schemes. For example, 2025 saw an increase in student visa revocations and increased scrutiny at US ports of entry for business travelers. Similarly, increased and aggressive immigration enforcement made headlines towards the end of 2025 and early 2026. Many visa applicants are now subject to a review of their social media accounts prior to visa issuance.

There have also been some substantive changes to US immigration procedure, with other changes pending. Of note, the H-1B lottery in March of 2026 was run on a wage-tiered lottery system for the first time, which increased the likelihood of selection for roles with higher wage levels. On a related, but separate note, a $100K filing fee was created for H-1B Petitions involving beneficiaries located abroad and/or who would require Consular processing. Changes that are pending at the time of this publication include changes to ESTA and student visa applicants.

Not all changes have been restrictive. For example, the “Gold Card” program was created which creates an investment-based path to US permanent residence. It is worth noting that litigation against new policies has been significant and could impact the long-term viability of these changes.