DHS Regulatory Agenda: Key Immigration Reforms to Watch

Key Point 

• DHS’s Fall 2025 Unified Agenda outlines several proposed changes to the H‑1B and EB visa programs that could reshape employment‑based immigration in 2026

Unified Agenda 

The Department of Homeland Security (DHS) has released its Fall 2025 Unified Agenda, detailing active rulemaking priorities across its sub‑agencies, including U.S. Citizenship and Immigration Services (USCIS). Several proposed rules could significantly affect employment‑based immigration programs in the coming year.

Proposed Rules

Immigrant Worker Reforms (RIN 1615-AC85) 

Expected Publication: Janauary 2026

Focus: USCIS is preparing a proposed rule to modernize and clarify regulations governing employment‑based immigrant petitions in the EB‑1, EB‑2 and EB‑3 categories.

The proposal is expected to:

• Update evidentiary standards for extraordinary ability, outstanding professors and researchers and national interest waiver (NIW) classifications
• Codify existing policy guidance, including successorship‑in‑interest and ability‑to‑pay requirements
• Clarify what constitutes a bona fide job offer
• Formalize site‑visit authority in the immigrant petition context

Once published, the NPRM will undergo a public comment period before any changes take effect.

H-1B Program Reform (RIN 1615-AD00) 

Expected Publication: December 2025

Focus: DHS plans to revise:

• Eligibility for H‑1B cap exemptions
• Oversight of third‑party placements
• Scrutiny of employers with prior violations

The goal is to strengthen program integrity and protect U.S. workers’ wages and working conditions.

Medical Examination and Vaccination Requirements for Immigration (RIN 1615-AC37) 

Expected Publication: December 2025

Focus: DHS proposes updates to medical examination and vaccination requirements for immigration benefits, including how civil surgeons conduct and report medical exams.

While primarily procedural, the rule may indirectly affect employment‑based green card applicants by influencing timelines or access to required medical documentation.

Rule Changes in Review 

Public Charge Ground of Inadmissibility (RIN 1615-AD06)

DHS published a proposed rule on November 19, 2025, to rescind the 2022 public charge regulations and revise how officers determine whether an applicant is likely to become a public charge under INA 212(a)(4).

Key Details

• Would withdraw the 2022 public charge regulation
• NPRM is in the public comment review stage
• Public comments submitted in Dec. 2025 and Jan. 2026 include responses from state officials, disability‑rights groups and research organizations
• USCIS released supplemental economic analysis materials, including updated benefit‑usage assumptions and cost‑impact modeling

What’s Next

DHS will review all comments before issuing a final rule. No publication timeline has been announced.

Rule Changes That Have Taken Effect

Weighted H-1B Registration Lottery  

The DHS Fall 2025 Unified Agenda also includes a proposed rule to implement a weighted H-1B registration lottery that favors higher wage levels. This rule was officially published in September 2025 and is currently open for public comment. For a full breakdown of how it works and what it means for employers, see Envoy Global’s news alert. 

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