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Trump’s Immigration Policy: H1B Visa

On Behalf of | Jan 27, 2025 | Immigration |

As President Donald Trump enters his second term, a fierce debate regarding his intended Immigration policy has intensified. Among the key issues is the fate of the H1B visa program, which has long been a focal point of political debate. Known as an opportunity for highly skilled foreign workers to access opportunities in the U.S., the H1B program faces an uncertain future under the Trump administration’s renewed focus on reshaping immigration laws. Opponents of the H1B Visa program have criticized ineffective oversight and abuse by certain companies to replace American workers for cheaper foreign labor.

What Is The H1B Visa?

The H1B visa program allows U.S. employers to employ foreign workers for up to 6 years in any specialized field, such as technology, engineering, and finance. Requirements for applicants include a completed bachelor’s degree. Established by the Immigration Act of 1990, the program is capped annually at 65,000 visas, with an additional 20,000 petitions reserved for individuals with advanced degrees from U.S. institutions, with visas being allocated on a lottery system.

Proponents of the H1B visa state that it is essential for global companies as it allows them to bring international talent to the U.S., to foster innovation. In the fiscal year 2024, approximately 781,000 applications were submitted for H1B visas, reflecting the program’s desirability amongst the international workforce despite its limited availability.

What Has Trump Said?

President Trump’s stance on the H1B program has evolved over time. During his first term, he criticized the system for alleged misuse, claiming it displaced American workers and led to underpayment of foreign employees. In 2016 Trump released a statement that: “I will end forever the use of the H-1B as a cheap labor program and institute an absolute requirement to hire American workers first for every visa and immigration program. No exceptions.”

Following this, the Trump administration severely tightened the restrictions around H1B Visas, significantly increasing the denial rate to 24% in 2018 and 21% in 2019. In 2020, a legal settlement forced U.S. Citizenship and Immigration Services to change several practices, causing denial rates to decrease to only 2% by 2022.

More recently President Trump has adopted a much more positive stance towards it although this could change. In December of 2024 in an interview with the New York Post, he stated: “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,”…“I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program,”

The Future of the H1B-Visa

The future of the H1B visa remains uncertain. While business leaders close to Trump, such as Elon Musk, are advocating for it, some within the Republican Party call for its reduction or elimination.

Potential changes could include:

  • Further tightening of eligibility criteria: Requiring higher salaries or more stringent definitions of “specialized knowledge.”
  • Lowering the visa cap: Reducing the annual quota for new H1B visas.
  • Shifting to a merit-based system: Allocating visas based on skills, education, and job offers, as Trump has previously proposed.

For international companies seeking to establish operations in the U.S. or U.S. firms relying on foreign talent, these changes could pose significant challenges. Employers may face longer processing times, increased legal hurdles, or restrictions on transferring employees across borders.

Preparing for Change

Businesses and highly skilled foreign workers must be proactive in navigating this uncertain landscape. Exploring alternative work visa options, such as L-1 (intra-company transfers) or O-1 (individuals with extraordinary ability), can help mitigate potential disruptions.

At Urban Thier & Federer, P.A., we specialize in guiding clients through the complexities of U.S. immigration laws. Whether you are an employer seeking to sponsor foreign workers or an individual pursuing your career in the U.S., our experienced attorneys can help you stay ahead of policy changes and ensure compliance.

Contact us today for expert assistance in achieving your immigration goals and securing your future in the United States

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