Democrats win Congress, but H-1B and PERM restrictions came from White House and agencies, so rules may not change
Key points
- Trump extended the $100,000 H-1B payment to September 21, 2027.
- DHS has proposed a $103,265 fee for each capped petition.
- USCIS received 211,600 FY2027 H-1B registrations, down 38.5%.
Democrats won control of both chambers in the November 3 midterm elections, but nearly every H-1B and PERM restriction since September 2025 came from the White House and federal agencies. Trump extended the $100,000 H-1B payment to September 21, 2027. The Department of Labor has proposed raising four existing prevailing wage levels, and DHS has proposed a $103,265 fee for each capped petition. A separate proposal would eliminate the 60-day grace period for H-1B workers who lose their jobs. USCIS received 211,600 FY2027 H-1B registrations, down 38.5%.
What employers should do
- Monitor the proposed H-1B fee and prevailing wage changes and assess hiring plans accordingly.
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- H-1B and PERM employers, including capped H-1B petitions
- Official source
- View official source ↗
Original report: TradingView ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.