In the last few days bal.com A report published by the United States said that the Trump administration issued several rules to limit the use of the H-1B program in its final days in office, which Trump’s April 2017 ‘Buy American and Hire American’ were in line. was part of the implementation of the executive order. The order laid the foundation for a series of policies adopted by the Trump administration to limit job-based immigration programs. We can expect similar policy priorities in Trump’s second term.
What was the H-1B visa policy during Trump’s first term?
The Trump administration significantly increased wage requirements for H-1B and similar visas in October 2020, leaving employers unprepared. That rule was later struck down in court, but a new rule went into effect in early 2021. The Biden administration blocked it, then the courts rejected it entirely.
He also sought to make changes to certain occupations for H-1Bs, which would have limited visa eligibility and more stringent requirements. It was also stopped by the court.
Another rule seeks to favor higher-paid applicants in the H-1B lottery, which affects recent graduates. The Biden administration first delayed it, then canceled it.
Trump eventually removed the deferral policy for visa renewals, drawing mixed reviews. Biden reinstated it, but Trump could reverse it again.
How can employers prepare for the future of the H-1B program?
According to the BAL report, there is a strong possibility that the administration will adopt similar policies in Trump’s second term. Here are three ways you can prepare for this potential scenario.
Keep an eye on the Trump administration’s first-term thinking and actions on these issues, even if comments about the campaign are inconsistent with his past actions as president and current campaign platform.
Where possible, work with your immigration attorney to file applications and extensions under existing policies.
Stay informed about in-flight policies and the new administration’s agenda. Taking a proactive approach to ‘what if’ scenarios can go a long way in protecting business continuity.
