The Future of H-1B Visas Under a Second Trump Term

Immigration policies, including H-1B visas, are a major topic in the upcoming election.

What could a second Trump administration mean for H-1B visas?

What is the H-1B Visa?

A nonimmigrant visa that allows U.S. employers to hire foreign workers in specialized fields like tech, healthcare, and engineering.

It fills critical skill gaps in the workforce.

The Impact of the Election

The future of H-1B visas depends heavily on the election winner.

Potential Harris administration: Continuation of modernization efforts.

Potential Trump administration: Likely return to restrictive policies.

Trump's First-Term H-1B Policies

Trump's "Buy American and Hire American" order led to attempts to restrict H-1B use.

Focus on wage increases, narrower definitions of eligible roles, and changes in the selection process.

Increased Wage Requirements

Trump’s 2020 rule required higher wages for H-1B holders, making hiring foreign workers more expensive.

Rule was blocked in court but could resurface in a second term.

Narrowed Specialty Occupations

Trump administration aimed to limit eligible roles by redefining “specialty occupation.”

Positions had to require highly specific degrees to qualify.

Entry-Level Job Restrictions

Proposed wage-based H-1B selection prioritized higher-paying roles.

Impact: Limited opportunities for recent graduates and entry-level professionals.

Deference Policy Changes

Trump revoked the "deference policy," leading to more reviews and denials of visa extensions.

Biden reinstated it in 2021, but Trump could reverse this again.

Potential Impact of Second Trump Term

Policies could lead to fewer H-1B approvals, higher costs, and greater uncertainty for employers and workers.

How to Prepare

Monitor potential policy changes.

Work with legal counsel to file petitions early.

Stay proactive to protect business continuity.

Stay Informed

Stay informed and consult with immigration experts.

Learn how to adapt to potential changes in the H-1B program.