Donald Trump's US Presidential Victory Reignites Future Of H-1B Visa Programme

Washington: debate on future of H-1B visa programme has been reignited as Donald Trump registered a sweeping victory in 2024 US Presidential elections on Wednesday. In 2022, Indians secured 77 percent of H-1B visas, with 320,000 applications approved. However, given Trump's history and his 'America First' campaign promises, major changes to this visa category are anticipated. 

H-1B visa programme is a critical pathway for skilled foreign professionals seeking employment in United States, especially Indians. During his first term, Trump consistently implemented several measures to tighten immigration, including opposing H-1B visa programme, arguing that it took jobs away from American workers.

Trump’s Immigration Measures During His First Term and Proposed Changes for 2024:

Trump Opposed H-1B Visa Program Citing Job Concerns

Trump consistently argued that H-1B visa program took jobs away from American workers. His ministration aimed to restrict number of foreign workers entering US on se visas. With him returning to power in US, key action his ministration is expected to take is to tighten H-1B visa program.

Increased Scrutiny and Higher Denial Rates

Under previous Trump ministration, denial rate for initial H-1B visa petitions increased significantly. From 6% in FY 2015, it rose to 24% in FY 2018 and reached 30% by FY 2020. aver denial rate for H-1B visas grew from 3.2% during Obama’s presidency to approximately 18% during Trump’s tenure.
re was also a table increase in Requests for Evidence (RFEs), which ded complexity and delays to application process.

Higher W Requirements

Trump ministration proposed raising minimum w requirements for H-1B visa holders, bringing m closer to w standards for U.S. workers. This move was intended to reduce financial gap between foreign workers and U.S. employees but faced criticism for potentially creating financial burdens on foreign workers.

In October 2020, an Interim Final Rule was issued, increasing w requirements by 43% to 71%. However, this rule faced legal challenges and was blocked in December 2020.

Visa Number Restrictions Speculated

re were speculations that Trump might reduce annual cap on H-1B visas or prioritize applicants with vanced degrees or specialized skills. This would have furr restricted access to visa program for many skilled workers.

Trump’s Proposed Measures for H-1B Visa Reform in 2024

As part of his 2024 campaign, Donald Trump proposed reducing number of H-1B visas issued annually and implementing stricter eligibility criteria to prioritise American workers over foreign labourers.

Tech giants like Amazon and Google rely heavily on H-1B visas to fill specialized roles. Stricter visa policies could impede ir ability to recruit top international talent, affecting ir invation and global competitiveness.

Changes to Visa Duration and Third-Party Worker Restrictions

Trump ministration proposed shortening duration of H-1B visas, particularly for workers placed at third-party client sites, which could create uncertainty for both employers and employees.

se changes could increase ministrative burden and costs for employers, potentially leing to disruptions in business operations.

Potential Impact on Indian Nationals

A large portion of H-1B visas are granted to Indian nationals, especially in IT sector. Stricter regulations could significantly affect job opportunities for Indian professionals, especially those working for companies that heavily rely on foreign labour to meet ir staffing needs.
Family Reunification

Trump’s stance on immigration could also affect family reunification processes for those alrey in US on H-1B visas, making it more difficult for families to reunite with relatives.