Understanding the H-1B Visa Program and Challenges Under Trump’s Presidency

The H-1B visa program is one of the most important avenues for U.S. employers seeking to hire highly skilled foreign workers in specialty occupations. With a focus on industries like technology, engineering, healthcare, and finance, the H-1B visa allows employers to fill roles that require specialized expertise. However, under Trump’s presidency, several policy changes have altered the landscape of the H-1B process, making it more challenging for employers to successfully sponsor foreign talent.

Overview of the H-1B Visa Program

The H-1B visa is a nonimmigrant visa that permits U.S. employers to hire foreign professionals for positions requiring at least a bachelor’s degree or equivalent work experience. The visa is initially granted for three years and can be extended for up to six years in most cases.

Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) places a cap on the number of H-1B visas issued, which is currently 65,000 for regular applicants and an additional 20,000 for those holding U.S. master’s degrees or higher. Due to high demand, the selection process operates as a lottery system, making obtaining an H-1B visa highly competitive.

New Challenges Employers Face Under Trump’s Presidency

1. Increased Scrutiny on Employer-Employee Relationships

During Trump’s presidency, policies were introduced to ensure that employers maintain control over H-1B workers, particularly those placed at third-party worksites. Under previous administrations, it was common for consulting firms and IT staffing agencies to place H-1B workers at client locations. However, new restrictions have made it more difficult for these employers to justify their business models. USCIS has demanded detailed itineraries, contracts, and client letters proving the employer has direct oversight of the employee’s work.

2. Heightened Standards for Specialty Occupations

One of the most significant hurdles introduced under Trump’s administration was the reinterpretation of what qualifies as a “specialty occupation.” In many cases, positions that previously qualified, such as computer programmers, business analysts, and market research analysts, faced heightened scrutiny. Employers are now required to provide extensive documentation and justifications proving that the job requires a high level of specialization.

3. Increased Requests for Evidence (RFEs) and Denials

RFEs have surged under Trump’s policies, making it harder for employers to navigate the H-1B process. USCIS has frequently questioned:

• Whether the job truly requires a bachelor’s degree
• If the foreign worker’s degree directly relates to the job duties
• If the employer-employee relationship is valid, especially for third-party placements

Many employers have found themselves dealing with costly delays, increased legal fees, and unexpected denials, even for cases that historically would have been approved.

4. Higher Costs for H-1B Sponsorship

Employers have seen a rise in the cost of sponsoring an H-1B worker. Under Trump’s administration, the USCIS increased H-1B petition fees and implemented policies that increased the burden on companies. The H-1B registration fee increased to $215 per beneficiary, up from $10, making the process more expensive, especially for companies that file multiple applications.

5. Preference for Higher Wage Levels

Trump’s administration pushed for wage-based allocation of H-1B visas, aiming to prioritize higher-paid workers over lower-paid applicants. This shift disproportionately impacted smaller businesses and startups, which often cannot offer salaries as high as large multinational companies. Employers must now offer more competitive wages to improve their chances of approval.

Conclusion

Under Trump’s presidency, the H-1B visa program underwent several policy shifts that increased scrutiny, raised costs, and made approvals more difficult for employers. While the demand for highly skilled foreign workers remains strong, employers must adapt to the more complex and restrictive immigration landscape.

To successfully sponsor H-1B employees, businesses should prepare strong petitions, anticipate increased scrutiny, and budget for higher costs. Employers are encouraged to seek legal guidance to navigate the evolving H-1B landscape effectively.

If you are unsure about how whether you are eligible for the H-1B visa program, it is advisable to consult with an experienced immigration attorney before taking any action. As one of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. Note that the information provided in this article and website is intended for general information purposes only and should not be construed as legal advice. For additional information or information regarding other immigration matters, please call Attorney Thomas M. Lee for a free consultation at 213-251-5533