H1B image CE article 31JAN2025 1200x628 1

As President Donald Trump enters his second term, the debate over his immigration policy intensifies, particularly concerning the H-1B visa program. This program, which allows highly skilled foreign workers to access U.S. opportunities, faces uncertainty due to the administration’s push to reshape immigration laws. Critics argue that the H-1B program has ineffective oversight and has led some companies to replace American workers with cheaper foreign labor.

The H-1B visa program enables U.S. employers to hire foreign workers for a maximum of six years in specialized fields such as technology, engineering, and finance. Applicants must hold a completed bachelor’s degree. Established by the Immigration Act of 1990, the program has an annual cap of 65,000 visas, with an additional 20,000 reserved for individuals who possess advanced degrees from U.S. institutions. Visas are allocated through a lottery system.

The future of the H-1B visa remains uncertain. While business leaders close to Trump, such as Elon Musk, are advocating for it, some within the Republican Party call for its reduction or elimination.

Possible changes may involve:

  • Further tightening of eligibility criteria by requiring higher salaries or more stringent definitions of “specialized knowledge.”
  • Lowering the visa cap by reducing the annual quota for new H-1B visas.
  • Shifting to a merit-based system that allocates visas based on skills, education, and job offers, as previously proposed by Trump.

ABOUT THE AUTHOR:

Avatar of Casey Erick
Casey Erick is a Shareholder and focuses on Commercial Litigation and Employment Law. He has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He has represented high-profile clients as well as defended against high-profile national and global entities in matters related to commercial litigation, defamation, privacy, negligence, the Stored Communications Act, the Texas Harmful Access by Computer Act, Texas identity Theft Enforcement and Protection Act, and the Computer Fraud and Abuse Act. Casey is Board Certified in Civil Trial Law.