Listeners, the big headline from the Department of Homeland Security this week is a proposed overhaul to the H-1B visa allocation system. DHS announced it will publish major changes in the Federal Register that shift the selection process for H-1B petitions away from random lottery and towards a weighted system favoring positions with higher wage levels. What does this mean? Under the proposal, applicants for senior-level roles get more entries into the pool, making it likelier for those jobs to be selected—and these changes will impact both the regular H-1B cap and the advanced degree exemption.
This move could mean real changes for American companies, especially in tech and healthcare, who rely on skilled foreign workers. HR departments and legal teams will need to adapt swiftly, as the Spring 2025 DHS regulatory agenda also brings new compliance requirements, including more detailed screening for benefit applications and alien registration obligations. A new fee structure is now in effect for asylum applications, which could change migration planning for both individuals and organizations.
Policy enforcement has intensified. In a sweeping shift, DHS published a final rule this month giving USCIS law enforcement authority—including issuing detainers, expedited removals, and even executing search warrants and making arrests. This is a historic expansion: USCIS is no longer just granting benefits, it’s now a robust enforcement entity targeting both civil and criminal violations of immigration law.
Sanctuary states remain in the spotlight. Just this week, California, New York, and Illinois were put on notice for refusing to honor ICE detainers. ICE has made it clear: non-cooperation with federal immigration enforcement opens the door to legal consequences. Assistant Secretary Tricia McLaughlin summed it up: “These dangerous sanctuary policies...allow criminal illegal aliens to be released back into American communities—threatening the American people’s lives and wellbeing.”
DHS reports that 2 million illegal aliens have either been deported or self-deported in under 250 days since January—an unprecedented pace. According to the United Nations, stringent enforcement has led to a stunning 97% reduction in northbound illegal crossings from Central America. Secretary Noem’s expanded partnerships with over 1,000 local law agencies have turbocharged arrests, detentions, and deportations, with new detention facilities under negotiation.
For U.S. citizens, these actions mean a potentially safer community but also more scrutiny for businesses and local governments, who must monitor compliance and adapt to fast-changing rules. For international partners, the message is clear: U.S. borders and visa systems are tightening. Businesses seeking H-1B workers should watch for final rule publication and consider wage levels as a crucial factor going forward.
Looking ahead, DHS urges business leaders and concerned citizens to engage in upcoming public comment periods on the H-1B reforms. Employers, legal teams, and state officials should stay informed, as final rule implementation could come as soon as this winter. To get involved or learn more, visit the official DHS website or the Federal Register for updates and comment opportunities.
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