What Happens to H1B Visas if Trump Wins? Policy Changes to Expect
With the changing political landscape, the possible re-election of Donald Trump has garnered a lot of attention since Biden dropped out of the race. After Trump's "Make America Great Again" slogan that year, he called for it again this year:"Foreigners who graduate from U.S. universities should be "automatically" given green cards so that they can stay in the United States."The comments instantly brought him back into the limelight.Today, we will explore the impact this topic may have on H1B visa policy.
01 Uncertainty about policy changes
Donald Trump is arguably the US president with the toughest stance on China in the last few decades. During his tenure, we have witnessed a series of policy shifts towards China, including the launching of trade and technology wars, as well as fierce accusations against China during the epidemic. However, more Chinese netizens on the Internet in China have expressed their hope that Trump will be re-elected as US president.
Additionally, Trump did support green cards for college graduates in 2015, but the idea was more similar to his then-Democratic opponent Hillary. Hillary had stated on her campaign website that she promised to issue green cards to college graduates with master's and doctoral degrees in STEM (science, technology, engineering and math). But that proposal was strongly criticized by the Trump camp at the time. So it seems that Trump's move is more of a ploy to show business investment in order to pull in more donors and supporters.
As it stands, Trump is getting closer to returning to the White House, theFuture U.S. immigration policy may be significantly tightened in terms of processing procedures and standards. In fact, during his tenure, he has pursued a series of policies to restrict U.S. companies from utilizing H-1B visas to recruit skilled foreign talent.
02 A Historical Review of Trump's Policies
H1B visa policy has undergone a series of tightening measures during Trump's term.
First on the 2016 campaign trail, Trump promised to end the H-1B visa program, claiming that companies were abusing the program to hire cheap foreign labor to the detriment of American workers. This promise was welcomed by certain groups of voters, but it also raised significant concerns among tech companies and international students who rely on these visas to work in the U.S. after graduating.
In 2017, Trump signed the "Buy American, Hire American" executive order, and subsequently, USCIS increased its scrutiny of H1B petitions and increased the number of requests for supplemental filings (RFEs), which led to a significant increase in the denial rate and made the criteria for H1B visa approvals even more stringent. In 2019, the Trump administration proposed a rule that would require employers of H1B visa holders to certify that they pay at least 451 TP3T of the industry's average wage. the denial rate for H1B visas spiked to 321 TP3T for the year, much higher than the 2016 rate of 101 TP3T. behind these numbers is the Trump administration's stringent scrutiny of foreign, highly-skilled workers.
In May 2020, Trump signed Presidential Directive PP10043, which provides visa officers with the ability to deny F/J visas to certain Chinese scholars, and restricts students from the "Seven Sons of Defense" from entering the U.S. on non-immigrant visas. In October of the same year, the Trump administration announced a major overhaul of the H1B visa program, eliminating the lottery system and allocating visas based on salary levels. The new rules would prioritize higher-paying applicants, which would have a major impact on young workers entering the workforce and low-income overseas workers. This policy change is believed to further increase the difficulty of applying for H1B work visas, especially for young workers who are new to the workforce and have lower salary levels. This was also the year that more than 1,000 Chinese nationals had their visas revoked.
Trump's immigration policy is best described as "flip-flopping." From trying to eliminate OPT, to raising the Prevailing Wage standard for H1B visas, to redefining Specialty Occupation.These policy changes have certainly made it more difficult for international students to stay in the United States. In particular, international students who rely on H1B visas and wish to stay and work in the U.S. after graduation are facing unprecedented challenges.
According to the U.S. Citizenship and Immigration Services (USCIS), every year a large number of applicants have to find other ways to stay in the U.S. or return to their country of origin because they were not successful.For those applicants who failed to win the H-1B lottery, it is also a good idea to open your mind to the O1 visa and the U.S. Immigrant Investor EB-5 program.
03 EB-5 Immigrant Investor: A Stable Status Solution
In the face of uncertainty over Trump's policies, the EB-5 immigrant investor program offers a relatively stable option for families who can afford it.The investment amount is categorized into $800,000 and $1,050,000 depending on the geographic location of the project. While Trump attempted to increase this investment amount, it was ultimately invalidated by a judge. The Biden administration has now adjusted the investment amount standard to provide a viable pathway for international student families who wish to obtain a green card through investment immigration.
More and more families of international students are also now planning their status from their freshman year. In this way, when you graduate in your senior year, you will already have a green card, and you don't need to compete with other graduates for a spot in the H1B lottery. The opportunity to find a job is also more extensive, after all, do not need an employer does not have to sponsor him, in the workplace will be more popular.
04 O-1 Outstanding Talent Visa: Preferred for Arts and Sports
For international students who have distinguished themselves in the arts, film and television, or sports, the O-1 visa offers another possibility for staying in the United States.The O-1 visa is not subject to an annual quota and allows the holder to have the intent to immigrate to the United States while maintaining nonimmigrant status. This visa category is a unique opportunity for international students who have demonstrated internationally recognized achievement in a specific field.The O-1 visa is available to individuals who have demonstrated Extraordinary Achievement or Extraordinary Ability in the sciences, the arts, education, business, athletics, or in the motion picture and television industries, and who are nationally or internationally recognized. or who is nationally or internationally recognized as a person of outstanding achievement in the motion picture or television industry. The visa holder may work in the U.S. in a job related to his or her field.
Regardless of policy changes, early planning and preparation is always the key to dealing with uncertainty. It's not just about your career, it's also about your future in the United States.Therefore, it becomes especially important to prepare adequate application materials and strategies.
In this fluid policy environment, the role of a specialized immigration attorney is indispensable.We can provide you with expert counseling and strategic planning to help you navigate the challenges of policy changes. Our law firm has the experience to provide you with up-to-date policy interpretations and personalized application advice.
Our firm has successfully helped clients obtain visas under the Trump administration's strict immigration policies. Even in the midst of tightening policies, goals can still be achieved through professional services and strategies. We will continue to strive to provide our clients with the highest quality legal services.
Policy uncertainty requires a greater focus on early planning and preparation. The value of professional legal services is to help you find stability in the midst of change for your visa application. We encourage you to proactively consult with a professional lawyer for personalized legal advice and services to address possible policy changes.
