The Department of Homeland Security (DHS) has unveiled its Fall 2025 Unified Agenda, a set of proposed rules that could significantly alter the landscape of U.S. employment-based immigration. These changes are aimed at reforming the H-1B visa program and modernizing the process for employment-based green cards.
Proposed changes to the H-1B program
The H-1B program is facing a series of reforms designed to “improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers’ wages and working conditions.” These changes include:
- Weighted lottery system: The DHS has proposed a new weighted lottery process that moves away from a purely random selection. Under this system, H-1B registrations will be assigned a number of entries based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels. A Level IV wage, typically for senior roles, would receive four entries into the selection pool, while a Level I wage, for entry-level roles, would get just one. This is intended to favor the allocation of H-1B visas to higher-skilled and higher-paid foreign workers.
- New fee and oversight: In September 2025, a new proclamation was signed requiring a $100,000 payment to accompany new H-1B visa petitions. Additionally, DHS plans to increase oversight of third-party placements, provide more scrutiny for employers with a history of violations, and revise eligibility for cap exemptions.
Proposed changes to immigrant worker reforms (EB visas)
The Department of Homeland Security (DHS), through USCIS, also plans to overhaul the regulations governing employment-based green card petitions (EB-1, EB-2, and EB-3 categories). The forthcoming rule, with a projected publication in early 2026, aims to modernize outdated provisions and strengthen program integrity.
Key changes include:
- Updated evidentiary standards: The new rule will provide clearer and more detailed evidentiary requirements for employment-based green card categories. This will particularly affect applicants for “extraordinary ability” and “outstanding professor or researcher” visas.
- Enhanced oversight: DHS expects to increase its oversight to prevent fraud and strengthen compliance. This may include expanding site visit authority to I-140 petitions, which are the initial petitions for employment-based visas.
What this means for skilled workers
For skilled foreign workers, these reforms signal a clear shift in U.S. immigration policy towards prioritizing high-skilled and high-wage talent. The weighted lottery system means that candidates applying for entry-level or lower-wage H-1B jobs will face a significantly tougher challenge. Applicants for green cards should also prepare for a higher level of scrutiny and be prepared to provide more detailed documentation to support their petitions. While the process may become more complex, it is also intended to be more merit-based.
What this means for employers
For companies that rely on foreign talent, these proposed rules introduce new complexities and costs. The $100,000 fee for new H-1B petitions and the weighted lottery system will make it more expensive and challenging to hire entry-level foreign workers.
Enhanced oversight and site visits also mean employers must maintain meticulous records and ensure full compliance with all regulations to avoid legal risks. These changes underscore the value of flexible hiring strategies.
Instead of being solely reliant on a complex visa system, companies can turn to a global hiring partner like Multiplier. Multiplier’s EOR (Employer of Record) solution enables you to compliantly hire talent in over 150 countries without the administrative burden or costs associated with visa sponsorship and setting up a foreign entity.
By leveraging a global EOR, you can access a worldwide pool of talent and mitigate the risks and costs of evolving immigration policies, ensuring your team can grow without being constrained by regulatory hurdles.
Conclusion
The DHS Fall 2025 Unified Agenda marks a significant and ongoing effort to reform U.S. employment-based immigration. By prioritizing high-skilled workers, increasing fees, and enhancing oversight, the new rules are set to create a more challenging, yet potentially more transparent, system for both foreign talent and employers.
For companies looking to navigate these changes and access a broader talent pool, a flexible and compliant global hiring strategy is essential. Book a demo with Multiplier to learn more!
FAQs
What is the DHS Fall 2025 Unified Agenda?
The DHS Fall 2025 Unified Agenda is a public document that outlines the active rulemaking priorities of the U.S. Department of Homeland Security and its sub-agencies, such as U.S. Citizenship and Immigration Services (USCIS). It provides a summary of proposed changes to immigration policies and enforcement procedures, giving the public notice of the government's plans for the coming year.
What are the key changes proposed for the H-1B visa program?
Key proposed changes include a new weighted lottery system that gives preference to higher-skilled, higher-paid workers. Additionally, a one-time $100,000 fee has been imposed on new H-1B petitions filed after September 21, 2025. There will also be increased scrutiny of employers with prior violations and greater oversight of third-party placements.
What is the purpose of the proposed weighted H-1B registration lottery?
The proposed weighted lottery aims to move away from a random selection process to one that favors positions with higher wage levels. The goal is to incentivize employers to offer higher wages and to better align the H-1B program with its stated purpose of attracting the best and most highly skilled foreign workers.
How will the new rules affect employment-based green card applications?
The new rules will affect employment-based green card applications (EB-1, EB-2, EB-3) by proposing more detailed evidentiary requirements and stricter compliance standards. It will also clarify that DHS has the authority to conduct on-site visits for I-140 petitions to verify company operations and job offers. These changes are expected to take effect in early 2026.
How can employers prepare for these immigration policy changes?
Employers should review their current hiring strategies and assess their dependency on immigration-sensitive positions. They should also conduct comprehensive compliance audits, update I-9 procedures, and prepare for potential site visits. A global hiring partner like Multiplier can help companies mitigate risks by allowing them to hire international talent through an EOR, which handles all local payroll, benefits, and legal compliance.
