WASHINGTON —
In fiscal year 2024, foreign workers seeking U.S. jobs saw near-unprecedented success with their visa applications, with immigration authorities approving over 97% of H1-B visa requests, according to the National Foundation for American Policy. This was the second-highest approval rate in over a decade. However, this exceptionally high success rate might soon change if President-elect Donald Trump reinstates the restrictive immigration policies from his first administration, according to immigration lawyers. Such a shift could have a significant impact on U.S. businesses and institutions that rely heavily on highly skilled foreign workers, particularly those from India.
Sharvari Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association (AILA) and a former U.S. Citizenship and Immigration Services (USCIS) attorney, warned, “I think it’s going to get harder, and it’s going to be more complicated to approve things.”
**Critics of the H-1B Program**
Created in 1990, the H-1B visa program allows U.S. employers to hire skilled foreign workers in fields like technology, engineering, and healthcare, with 85,000 visas issued annually through a lottery. In recent years, workers from India have received more than 70% of these visas, followed by workers from China.
The H-1B program has long been a source of debate. Supporters argue it helps the U.S. attract global talent and fill crucial roles. A 2016 study by the National Foundation for American Policy found that nearly a quarter of the country’s billion-dollar startups were founded by people who came to the U.S. as international students.
However, critics like Ira Mehlman of the Federation for American Immigration Reform (FAIR) argue that the program is being abused by companies to hire foreign workers at lower wages, which drives down pay for U.S. citizens. Mehlman pointed to Disney's controversial move a decade ago to lay off hundreds of U.S. workers and replace them with foreign workers, which became a rallying point for anti-immigration groups.
“There are plenty of tech workers available here in the United States, and that should be the first resort for these companies,” Mehlman said. He also argued that the program should be a temporary measure, not a pathway to permanent U.S. residency.
This viewpoint is shared by many congressional Republicans and former President Trump, who in 2016 campaigned to end what he called “a cheap labor program.” While this did not happen during his first term, his administration moved quickly to limit the program by imposing stricter requirements on foreign workers' qualifications and wages.
**Impact of Trump’s First Administration**
Most of these changes were blocked by the courts, but immigration officials found other ways to limit the program. Some visa requests were approved for only one year instead of the typical three years, automatic extensions were rejected, and worksite inspections were ramped up. Applicants also faced more requests for additional evidence, making the process more cumbersome.
The impact was clear: visa denials soared during Trump's first term, jumping to 24% in 2018 and 21% in 2019 before decreasing to 13% in 2020. This was a sharp contrast to the Obama era, when fewer than 1 in 10 petitions were denied.
Dalal-Dheini, who worked with USCIS under Trump, noted that these actions effectively “gutted the system.”
**The Future of the H-1B Program**
As the incoming administration takes shape, immigration lawyers express concern that the restrictive measures from Trump’s first term could return. Kathleen Campbell Walker, head of immigration practice at the Dickinson Wright law firm, said she is particularly worried about the increased scrutiny by federal anti-fraud agents, which could slow down processing times and make it more difficult for foreign workers to secure H-1B status.
“There’s concern that we could see more difficulty in getting your H-1B visa status approved,” said Walker, a former national president of AILA.
While the specifics of Trump’s plans for the H-1B program remain unclear, his transition team has not responded to requests for comment. A campaign spokesperson previously stated that Trump would “restore all of his prior [immigration] policies” if elected.
Although the Trump administration is likely to focus on cracking down on undocumented immigration, there are mixed signals regarding the future of legal immigration. Trump has suggested offering green cards to foreign graduates of U.S. colleges and universities, and key ally Elon Musk, a strong supporter of the H-1B program, has hired over 700 foreign workers at Tesla in fiscal year 2024.
Although it’s uncertain how much influence Musk might have on Trump’s policies, Walker is hopeful that he could help advocate for changes that would benefit the H-1B program.
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