In a recent interview, President Trump said he supports the H-1B program stating he is a believer and has used the program at his companies many times. However, this statement is in direct contrast with his previous term. The previous Trump administration enacted rules to reduce the number of H-1B visas available each year. However, following legal action, those efforts were stopped.
Trump supporters are debating the benefits of the H-1B program. Some, including Elon Musk and Vivek Ramaswamy who have been appointed by Trump to reduce federal government inefficiencies, are supporters of the program. Others argue the program gives foreigners jobs that should be given to U.S. citizens. The debate continues to expand, with fellow Republicans taking sides.
Musk identifies the H-1B program as his entry to the U.S. and recognizes the need for highly skilled foreign nationals. Ramaswamy goes into more detail, stating the program needs to evolve to give the most highly qualified individuals the visa rather than selection through a random lottery, create a more competitive environment that gives visa holders greater flexibility to change employers, and other changes. Both are supporters of the program. Trump has recently echoed their sentiments.
However, in 2016, Trump stated the program merely gives companies the option to substitute foreign workers for American workers at a lower salary. He went on to say he would address widespread abuse of the program. In 2020, the Trump administration proposed changes to how the visas would be granted. The first change proposed included moving the selection process to wage levels rather than a random lottery. Four wage classifications would have been created. The highest wage levels would first be granted, then the second, and so on to the lowest level, until all available H-1B cap visas are granted. In addition, that administration further proposed limiting the definition of ‘specialty occupations’ and how the ‘prevailing wage’ is determined. These rules were not put into effect by the Biden administration.
We strongly urge companies to take action as early as possible to access current H-1B program policies. If you have questions about the program or any other U.S. immigration related issue, contact us at ILBSG. Our firm has extensive experience in H-1B and all employment-based and family-based visas. Contact us to get the right advice.
