DHS Sets Three Vetting Checks for H-1B and Green Card Applicants

(UNITED STATES) The Department of Homeland Security on Friday outlined a three-part test that will guide future decisions for the H-1B visa and employment-based green card programs, signaling a tougher standard focused on legal compliance, measurable economic contribution, and stronger integrity checks. Homeland Security Secretary Kristi Noem said the framework will apply to applicants moving forward as agencies finalize guidance, a shift aimed at linking high-skilled immigration more closely to national-interest and labor-market goals. The move affects U.S. employers across tech, healthcare, and research, and millions of workers who build their careers in the United States 🇺🇸 on temporary and permanent employment visas.

The three-part test: what applicants must show

Secretary Noem described the framework as consisting of three prongs applicants will be expected to prove:

1. Eligibility and Legal Compliance
   • The first prong focuses on legal qualifications, professional credentials, and meeting the rules of the visa or green card category.
   • Applicants must show they meet the statutory and regulatory requirements for the specific immigration path.
2. Economic Contribution
   • The second prong asks whether the job, the worker’s background, or the proposed role shows a strong link to U.S. economic needs, innovation, or workforce shortages.
   • Officials will look for evidence that the role advances U.S. economic goals or addresses a genuine labor-market gap.
3. Integrity and Enforcement
   • The third emphasizes tougher fraud controls, stricter checks, and a higher bar for transparency.
   • This includes enhanced vetting to prevent misuse and stronger national-security checks.

Officials said the direction is set even while full guidance is still being released. Employers should expect closer review of filings tied to roles that don’t show a direct labor-market need or clear benefit.

Secretary Noem’s stated aim and approach

According to Secretary Noem, the change is not intended to close the door on global talent but to sharpen the program’s focus.

“We’re going to keep using our visa programmes. We just want to make sure they have integrity — that the people coming here are doing it for the right reasons, that they’re not linked to terrorist groups or organisations that hate America,” she said in a broadcast interview.

She added that the government has moved to speed up some processing while tightening oversight. The approach pairs faster decisions with stronger standards, aiming to reduce misuse and ensure those selected are aligned with U.S. interests.

Practical impacts for employers, workers, and students

• Employers should demonstrate:
  • Clear demand for the role
  • Documentation of the worker’s specialized skills
  • Readiness for deeper evidence requests (project descriptions, client contracts, detailed duties)

• Workers — especially those on student and training visas — should focus early on:
  • Courses of study, internships, and job roles that match real U.S. demand
  • Preparing documentation that ties their degree and experience to specialty occupations
• Attorneys and employers anticipate:
  • More site visits and scrutiny to verify that the job exists as described
  • Changes in recruitment timelines and budgeting to account for possible additional documentation or fees

Who is most affected

• Tech and consulting firms — frequent H-1B users — are watching closely because many rely on the program for specialized roles.
• Indian nationals — who make up a large share of H-1B holders and employment-based green card applicants — are particularly exposed.
• Universities and students — may see shifts in course selection and internship planning driven by the new focus on economic contribution.

Major fee change

A significant cost change accompanies the framework:

• A $100,000 fee will apply to H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the country.
• This fee is separate from existing filing fees and does not affect those with approved petitions or valid H-1B visas before that date.

Implications:
– Employers say the fee could favor candidates already in the U.S.
– Smaller firms warn that the high cost may push them out of the program.
– Attorneys expect internal debates on whether a role’s impact justifies the outlay.

Enforcement, processing, and agency posture

• The government insists H-1B remains a core tool for attracting talent but wants clearer links between the job and U.S. interests.
• Agency leaders point to efforts to streamline some steps while clamping down on fraud.
• Staffing and technology upgrades have reduced some processing times even as evidentiary standards rise.

Policy watchers expect more detailed guidance in coming weeks, possibly including:
– Examples of acceptable evidence for economic contribution
– Clarifications on which roles meet the test
– Pilot initiatives such as targeted audits or data-driven screening

According to analysis by VisaVerge.com, the emphasis on enforcement will likely mean more random checks and closer coordination across agencies, adding pressure on companies to keep records current.

Reactions and concerns

• Supporters: say strict integrity checks protect immigrants who follow the rules and U.S. workers in sensitive sectors.
• Critics: fear higher barriers could push talent to other hubs in Europe or Asia and make employers reluctant to file costly petitions.
• International students: worry that even with strong credentials and internships, expensive filings may make employers less willing to sponsor them.
• University advisors: report more questions from final-year students seeking degrees that align directly with specialty occupations.

Key takeaways (summary of facts)

• Applicants will need to show legal eligibility, clear economic contribution, and strong integrity under tougher screening.
• A $100,000 H-1B fee is slated for cases filed on or after September 21, 2025, for workers outside the country.
• Indian nationals and U.S. tech employers are among those most exposed, but consulting, healthcare, and universities will also be affected.
• Students planning U.S. careers may rethink degree paths to better align with specialty roles.

Where to get official guidance

Employers and workers can track updates on the U.S. Citizenship and Immigration Services site. The agency’s resource page is available at:
– USCIS: H-1B Specialty Occupations

Officials advise waiting for the final text before making major changes to pending filings, but to prepare documentation that clearly ties a role to U.S. labor needs and to keep compliance records ready for review.

What happens next

• The impact will depend on how quickly agencies move from broad principles to clear, day-to-day rules.
• If DHS delivers transparent standards and consistent adjudications, employers can better plan hiring and training pipelines.
• If implementation remains unclear, companies may pull back, and graduates hoping to build lives in the U.S. could face greater uncertainty.

For many, these changes are personal — a first job, a family move, or a green card years away. The months ahead will test whether the new framework delivers the balance of fairness, speed, and security that the government promises.