With Donald J. Trump projected to return to office in 2025, many different sources have discussed the anticipated changes to the H-1B visa program. Given his prior presidency, there is an expectation that the next four years’ immigration policies will reflect those he enacted during his prior term. Key expectations from Bay Area Immigration in California include:
- Uptick in Scrutiny and Denial Rates: With his last presidency,the denial rates for H-1B petitions, particularly those involving employment at third-party sites, increased and this trend may return post-Biden/Harris. How “specialty occupations” are defined may be further refined along with employer-employee relationship criteria stringency.
- Increase in H-1B Wage Requirements: There is concern some employers may struggle with hiring nondomestic workers should the administration mandate higher minimum wages for H-1B workers, thus increasing the likelihood of hiring domestic workers given the costs.
- H-4 Visa Work Authorization Changes: It remains unclear how if the spouses of H-1B holders will be able to work with an H-4 visa; especially as the current eligibility criteria may be revoked.
- International Students in the US: International students could encounter tighter controls on F-1 visas and the Optional Practical Training (OPT) program, with non-STEM graduates likely seeing reduced post-graduation work opportunities
TLDR: Upcoming changes to the H-1B policies will likely increase the competition for fewer H-1B slots. While this is only anticipatory, it is imperative that employers and nondomestic workers continue to regularly monitor the ever-changing immigration policies in the US via USCIS. If you are an international worker seeking to find a position where you could be sponsored for a US work visa, download the FrogHire.ai extension NOW for your job hunt. This extension will allow you to search specifically for employers that are nondomestic worker friendly and have a history of sponsoring work visas while also allowing you to efficiently track/make notes about your job search.
