US Immigration Regulatory Agenda 2026: H-1B Reforms, PERM Labor Market Test Changes, Student Visa Fixed Admission & More – What Employers Need to Know

US Immigration Regulatory Agenda 2026 with key dates for H-1B reforms, PERM changes, student visa fixed admission, and DOL prevailing wage hikes.

Washington D.C., July 7, 2026 — The Departments of Homeland Security (DHS), Labor (DOL), and State have released their 2026 regulatory agendas, outlining key immigration rulemaking priorities for the coming months.

The plans include finalising rules on students, prevailing wages, and public charge, while proposing major reforms to the H-1B program, PERM labor certification, and foreign student practical training.

At a Glance: Key Dates to Watch

Action	Timeline
H-1B wage-weighted selection	Effective February 27, 2026 (already in effect)
75-country immigrant visa suspension	Effective January 21, 2026 (indefinite)
DOL prevailing wage proposed rule	Published March 2026; comment period closed
H-1B program reforms (proposed)	August 2026
PERM labor market test modernization (proposed)	July 2026
F/J/I fixed admission period (final)	Expected September 2026
B visa bond pilot permanent	August 2026
Exchange Visitor Program rules	September 2026
F-1 practical training limits (proposed)	February 2027

DEPARTMENT OF HOMELAND SECURITY (DHS) Priorities

Final Regulations (Expected Soon)

These rules are nearing finalisation:

• Fixed Period of Admission for F, J, and I Visas: Ending "duration of status" and switching to fixed expiration dates. Under the proposal, most F-1 students and J-1 exchange visitors would be admitted for no more than four years (or the length of their academic program, if shorter). Students who need more time must file an extension request with USCIS. The grace period for F-1 students would also be cut from 60 days to 30 days. DHS submitted the final rule to OMB for review on May 5, 2026.

• Expansion of H-1B and L-1 "50-50" Fee: Applying the additional fee to extension petitions for qualifying employers.

• ESTA Requirement for Land Border VWP Entrants: Requiring Visa Waiver Program travellers entering by land to obtain ESTA approval.

• EB-5 Fee Adjustment: Updating fees in line with the October 2025 proposal.

• Expanded Biometrics Collection: Broader and periodic biometrics for applicants and sponsors.

• Rescission of Automatic EAD Extension Rule: Finalising the interim rule that limited automatic extensions.

• Public Charge Inadmissibility: Replacing the current regulation with a broader policy.

Already Finalised: H-1B Weighted Selection Rule

DHS finalised the H-1B wage-weighted selection rule on February 27, 2026. The rule replaced the traditional random lottery with a wage-based, weighted selection system, prioritising higher-paid registrants. This change applied to the FY 2027 H-1B cap lottery in March 2026.

Proposed Regulations

• H-1B Program Reforms (August 2026): Revising cap exemptions, tightening rules governing third-party placements of H-1B employees, and imposing greater scrutiny on employers found to have violated program requirements.

• Limits on F-1 Practical Training (February 2027): Potential restrictions on OPT, STEM OPT, and CPT.

• Passport Requirements for Western Hemisphere Cruises: Requiring passports for US citizens and permanent residents on cruises.

• Fee Increases: Adjustments under recent legislation.

• Education Standards for Naturalization: New framework beyond the current test.

• Sponsor Obligations Enforcement: Stronger mechanisms to hold financial sponsors accountable.

DEPARTMENT OF LABOR (DOL) Priorities

Final Regulations

• H-2A and H-2B Program Changes: Finalising wage methodology and rescinding some 2024 requirements.

Proposed Regulations

• Prevailing Wage Revisions (Published March 2026): On March 27, 2026, DOL published a proposed rule that would significantly raise prevailing wage levels for H-1B, H-1B1, E-3, and PERM programs. The DOL estimates average wages would rise by about $14,000 per worker annually, with even larger increases for entry-level and mid-level positions. The public comment period has closed.

• PERM Labor Market Test Modernization (July 2026): DOL plans to "modernize the standards and procedures" governing PERM applications, a system unchanged since 2004. Potential changes include:

  • Stricter documentation standards

  • Expanded recruitment obligations

  • Enhanced scrutiny of employer hiring efforts

  • Additional safeguards to ensure US workers are given job opportunities

  • Stronger protections for US workers affected by layoffs

DEPARTMENT OF STATE Priorities

Proposed/Final Regulations

• B Visa Bond Pilot Becomes Permanent (August 2026): The 12-month visa-bond pilot program, launched on August 20, 2025, is set to conclude on August 5, 2026. The agenda indicates plans to make it permanent. The program now covers nationals from more than 50 countries.

• Exchange Visitor Program Rules (September 2026): New rules for program termination, extensions, and SEVIS reinstatement.

Already in Effect: 75-Country Immigrant Visa Suspension

Effective January 21, 2026, the State Department indefinitely paused the issuance of immigrant visas for applicants from 75 countries on the basis of foreign nationals potentially being a "high risk" of becoming a Public Charge. This applies only to immigrant visas (green cards), not nonimmigrant visas such as those for tourists, skilled workers, and their family members.

Additional Key Points

Item	Details
Legislative Threat: OPT Elimination	Republican Congressman Chip Roy introduced the American White-Collar Worker Jobs Act on June 4, 2026, proposing to scrap the OPT program
Legislative Threat: H-1B Cap Cut	A Republican bill would cut the annual H-1B cap to 50,000 visas and require employers to pay foreign workers at least 200% of the median wage
Visa Revocation Trends	Visa revocations increased significantly in 2025, a trend continuing in 2026. Reasons include minor criminal arrests, "inconsistencies" in DS-160 or I-983 forms, online automatic SEVIS markers, and employer-level audits triggered by "Project Firewall"

What Employers Must Do Now

1. Budget for higher wages: DOL is raising prevailing wage levels across H-1B, H-1B1, E-3, and PERM programs by approximately 21% to 33%, varying with experience level. Entry-level wages may rise significantly.

2. Prepare for PERM delays: New recruitment standards (proposed July 2026) may lengthen already severe processing delays.

3. Review H-1B compliance: Third-party placement rules and employer scrutiny are tightening.

4. Monitor OPT/CPT changes: F-1 practical training limits could impact intern and entry-level hiring pipelines.

5. Prepare for student visa changes: The shift to fixed four-year admission periods for F-1 students will require more frequent extension filings.

Pro Tip: Most proposed rules include a 30- to 60-day public comment period. Final rules typically take several months after feedback review. Act now to assess the impact on your workforce.

Stay ahead of the curve.

For the latest US immigration regulatory updates, H-1B reform news, PERM changes, student visa rules, and 2026 employment-based immigration developments, visit:👉 visasupdate.com/blog/categories/usa