
Donald Trump’s latest H-1B visa crackdown is now facing fresh legal scrutiny after a new report questioned the legality of the proposed wage hike for foreign workers. The issue is especially important for Indian professionals, who receive a major share of H-1B visas every year.
A recent report released by the National Foundation for American Policy challenged the Trump administration’s proposal to increase minimum salary requirements for H-1B workers. According to the report, Indian professionals could be the most affected if the proposal becomes law.
The US Department of Labor introduced the proposal in March 2026, arguing that higher wage requirements would help protect American workers and reduce unfair competition in the job market.
However, the NFAP report argued that the government may have exceeded its legal authority by attempting to push salary levels significantly above actual market compensation rates for many technology jobs.
According to the report, current H-1B salary levels already closely match real-world pay scales in several major American cities. Using private salary data, NFAP claimed entry-level H-1B wages differ by only around one percent from existing market compensation.
The report also accused the government of creating a misleading wage gap comparison. NFAP argued that younger H-1B workers were being compared with older American employees who usually have more experience, longer work history, and additional employment benefits.
If implemented, the proposed salary hike could become extremely expensive for companies hiring foreign professionals. Reports suggest that in San Francisco, the minimum salary requirement for a Level I software developer could increase from nearly 136,000 dollars to around 181,000 dollars.
Legal experts believe the Loper Bright Enterprises v. Raimondo ruling by the US Supreme Court in 2024 may create additional legal hurdles for federal agencies attempting to introduce aggressive immigration-related regulations without direct approval from Congress.
The proposal has already triggered concern among Indian technology professionals and IT companies worried about shrinking job opportunities in the United States. Many fear the rule could make H-1B hiring more difficult for employers in the coming years.
Although the NFAP report has offered some relief to affected workers, experts believe the issue may still lead to a long legal battle before any final resolution is reached regarding the proposed wage changes.
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