Preparing for changes to H-1B Program under Trump administration
Following Donald Trump’s victory, the U.S. immigration landscape—especially for employment-based visas like the H-1B—is set to change under the incoming administration, which begins in January 2025. During his previous term, the Trump administration enacted significant policy shifts in employment-based immigration, and these changes may provide insight into potential restrictions moving forward. Notably, Trump advisors, including Stephen Miller, have already drafted executive orders and regulations aimed at curbing legal immigration, which could impact both employers and skilled foreign workers in the U.S.
The H-1B Program Under Trump’s Prior Administration
The H-1B visa, designed to allow U.S. employers to hire foreign-born professionals in fields like IT, engineering, and science, faced substantial changes during Trump’s last administration. According to a Wall Street Journal report, Trump’s policies led to a sharp increase in H-1B denial rates, from an average of 3% to nearly 24%. These changes were part of a broader initiative to prioritize American workers by scrutinizing H-1B applications for eligibility and wage levels, which restricted access for many foreign-born professionals.
Insights from Project 2025: Transforming the H-1B Program
A recent report from Project 2025, which outlines immigration reforms aligned with the Trump administration’s goals, indicates that the H-1B program could undergo significant restructuring. According to Project 2025, the H-1B visa has been “oft-abused” and should be reshaped into a program that attracts only the top foreign talent with the highest wages, thereby safeguarding American opportunities. This shift could lead to more rigorous application requirements, making it challenging for many employers to sponsor foreign-born talent.
Key Policies Likely to Resurface in a Second Trump Term
In 2020, the Trump administration issued a restrictive H-1B rule that redefined the concept of a “specialty occupation” to limit eligibility for many positions previously approved for H-1B visas. This rule also tightened the requirements for certain roles, making it harder for foreign-born scientists, engineers, and other specialists to qualify for H-1B visas. Although the administration ran out of time to finalize all elements of this rule, it is expected that reinstating these restrictions will be a priority under the new term.
In addition, Trump’s previous administration considered a rule to end employment authorization for H-1B spouses (H-4 visa holders) waiting for green cards. Though it was not fully implemented, this measure may reappear as part of the new administration’s agenda, posing further challenges for H-1B families.
Preparing for Potential Restrictions on Employment-Based Immigration
With the Trump administration returning to office, employers and H-1B holders should prepare for the likelihood of increased restrictions and regulatory changes. However, proactive planning can help mitigate potential disruptions:
- File H-1B Extensions Before January 20th
Eligible H-1B holders should consider filing their extensions as soon as possible under Premium Processing to secure three-year approvals before policy changes take effect. - Amend Petitions for Job Role Changes
Employees with changes to their job responsibilities should file amended H-1B petitions promptly, also under Premium Processing, to avoid potential complications under new rules. - Schedule Visa Renewal Appointments Early
For those traveling abroad, securing visa renewal appointments before January 20th can help bypass delays or additional requirements that may be introduced in early 2025.
Employers and foreign-born professionals can take steps now to navigate the anticipated policy changes smoothly, maintaining work authorization during this transition. At Sharma Law Offices, LLC, we are committed to guiding our clients through these evolving challenges. If you have questions or need assistance, our experienced team is here to help you address the changing immigration landscape.