Trump administration targets employer-sponsored green cards with stricter scrutiny

The Trump administration has moved green card reforms to the top of its agenda, with proposals that could directly affect sponsoring companies, skilled professionals, and investors aiming for permanent residency in the United States, according to a report by Lubna Kably in The Times of India. At the centre of these reforms are the employment-based categories, EB-1, EB-2, and EB-3, widely used by highly qualified workers, researchers, and employer-backed applicants.

According to the Department of Homeland Security’s ( DHS) regulatory schedule, a rule expected in January 2026 will define what qualifies as a “bona fide job offer” in employer-sponsored cases and grant immigration agencies clear authority to conduct site visits, Lubna reported.

Mitch Wexler, senior counsellor at Fragomen, a global immigration law firm, explained, “The proposed rule would define what constitutes a ‘bona fide job offer’ in employer-sponsored cases and outline the authority of immigration agencies to conduct site visits.”

Immigration experts say the move would lead to closer scrutiny of job descriptions, recruitment practices, and wage offers. Employers may have to provide additional documentation to prove the authenticity and permanence of roles. The authority for more frequent workplace inspections could also increase compliance costs for sponsoring companies.

The DHS agenda also outlines plans to codify policies around “successorship-in-interest” and “ability to pay.” If an employer merges, is acquired, or restructures, the new entity can continue the green card process only if it assumes the same job offer, responsibilities, and pay commitments. This prevents employees from restarting the process but may create hurdles for smaller companies. An immigration consultant noted, “Smaller companies may find it harder to meet stricter financial and organizational thresholds that may be prescribed under the codified successorship-in-interest norms.”

Eligibility standards for the EB-1 category, meant for individuals with extraordinary ability and outstanding researchers, are also set to be revised. Evidentiary requirements for EB-1 petitions, as well as EB-2 National Interest Waiver applications, could become tougher, making green cards under these routes harder to secure.

Employment-based green cards are capped at 1.40 lakh annually, with a 7% per-country ceiling. A Cato Institute study shows that as of March 2023, India’s backlog in the EB-2 and EB-3 categories had reached 10.7 lakh. Depending on attrition factors, the wait time for some Indian applicants stretches between 54 years and 134 years.

In addition, changes are expected in the EB-5 investor programme. DHS plans to implement provisions of the EB-5 Reform and Integrity Act of 2022, incorporate feedback from earlier consultations, and introduce a separate rule to raise fees.

DHS has said the reforms aim to strengthen the integrity of green card programmes and align regulations with existing policy and administrative guidance. Wexler added that regulatory agendas are early indicators: “Most proposals must first be published in draft form, followed by a 30- to 60-day public comment period. Agencies are required to review feedback before issuing final rules, which also need clearance from the Office of Management and Budget — a process that typically takes several months.”

(With TOI inputs)