Background Context:
- Donald Trump, poised to win the 2024 presidential election, has committed to bringing a “golden age” for America. However, his prior presidency and statements suggest he may implement stricter immigration policies, which could impact H-1B visa holders and employment-based immigration overall.
- During his first term, Trump issued the “Buy American and Hire American” executive order, which aimed to prioritize American workers and restrict employment-based immigration. These restrictions included wage hikes for visa holders, changes in eligibility criteria, and elimination of the “deference policy” for H-1B renewals. Some of these policies were blocked in court or later reversed by the Biden administration.
Potential Policy Impacts for H-1B Visa Holders:
- Increased Wage Requirements:
- Trump’s previous administration attempted to raise the minimum wage requirement for H-1B visa holders, which caught employers unprepared in 2020. Although courts and the Biden administration halted these changes, similar wage adjustments could be reintroduced.
- Stricter Eligibility and Specialty Occupation Definitions:
- Changes to the “specialty occupation” definition were proposed to narrow H-1B eligibility, making it harder for some professionals to qualify. Courts blocked these changes, but they may reappear under a Trump administration.
- Lottery Preference for Higher-Paid Applicants:
- A previous rule proposed prioritizing higher-paid applicants in the H-1B lottery, which could disadvantage recent graduates and entry-level workers. The Biden administration had delayed and ultimately scrapped this rule, but Trump could bring it back.
- Elimination of Deference for Visa Renewals:
- Trump’s administration removed the “deference policy” for visa renewals, leading to inconsistent renewal approvals. Biden reinstated this policy, but Trump may again eliminate it, making the renewal process more uncertain for visa holders.
Preparation Tips for Employers and H-1B Visa Holders:
- Stay Informed:
- Monitor trends, announcements, and policy changes stemming from Trump’s prior presidency. Stay updated on his administration’s approach to H-1B policies to anticipate any sudden regulatory changes.
- Work Proactively with Immigration Counsel:
- Collaborate with immigration attorneys to submit H-1B petitions and extensions as soon as possible under current policies, in case stricter rules are introduced. This will help ensure continuity and compliance in the face of policy changes.
- Prepare for “What-If” Scenarios:
- Regularly check the status of proposed regulations or in-flight policies that may affect H-1B programs. Develop contingency plans for a range of potential scenarios to mitigate the impact on business operations and visa holders.
By taking these steps, employers and visa holders can be better prepared to navigate the likely challenges of a second Trump administration, ensuring business continuity and compliance with evolving immigration laws.
