How should you prepare for H1B visa programme under Donald Trump regime? Explained

Donald Trump on Wednesday promised to bring a “golden age” for America, as he appeared poised to win the presidential election with a mandate he called “unprecedented and powerful”.

As per trends, 267 electoral votes had gone to Republican candidate Trump and 224 to Democratic Party's Kamala Harris. Trump is just three votes short of a victory.

Trump's victory was sealed after the networks declared that he has won the battleground state of Pennsylvania which had 19 electoral college votes. Fox News was the first major American media outlet to declare Trump the winner, which was soon followed by many other media outlets.

“This will truly be a golden age for America. This is a magnificent victory that will also help us to make America great again," Trump, 78, told his supporters in the wee hours of Wednesday at Palm Beach Convention Centre in Palm Beach, Florida.

Tough laws expected for immigrants, H1B visa holders

Now, Trump's second term is likely to bring tough laws and rules for immigrants, incuding H1B visa holders

A BAL report states, in its final days in office, the Trump administration issued a series of regulations aimed at restricting the use of the H-1B program as part of its implementation of Trump’s April 2017 “Buy American and Hire American” executive order. The order laid the foundation for many of the policies Trump’s administration pursued to restrict employment-based immigration programs. In a second Trump term, we would expect to see similar policy priorities.

• In October 2020, the required wages for H-1B and similar visas were significantly raised Trump’s administration, which left employers unprepared. This rule was later blocked in court, but new rule came in early 2021. Biden administration paused it, then courts vacated it entirely.
• They also tried to tweak “specialty occupation” for H-1B, which would have limited visa eligibility and added tougher requirements. Again this was block by court
• Another rule sought to favor higher-paid applicants in the H-1B lottery, impacting recent graduates. Biden government first delayed it, then scrapped it
• Finally, Trump removed the “deference policy” for visa renewals, creating inconsistent reviews. Biden reinstated it, but Trump could reverse it again if re-elected.

How employers can prepare for the H-1B program’s future

As per the BAL report, If Trump is elected for a second term, it is highly likely that the administration would pursue similar policies. Here are three ways you can be prepared for that potential scenario:

• Stay tuned into the first Trump administration’s thinking and actions on these issues, even when comments on the campaign trail may be inconsistent with past actions as president and current campaign platform.
• To the extent possible, work with your immigration counsel to file petitions and extensions under current policies.
• Stay informed about the status of in-flight policies and what’s on the new administration’s agenda. Taking a proactive approach to “what if” scenarios can go a long way in protecting business continuity.