So obviously it is no secret that President-Elect Trump looks unfavorably upon immigration. That being said it really remains to be seen what types of changes his presidency might actually bring to the H-1B visa and immigration as a whole because, as you probably know, Mr. Trump has yet to lock himself down in terms of policy.
At the outset it may seem like there are two basic changes that could be made which would affect the process in similar ways. First, the requirements to obtain an H-1B could be changed to encompass a different purpose and thus a different category of people would be eligible. To me, this does not seem very likely. The H-1B is for specialty workers in specialty occupations so the category is already limited, and the purpose is an important one.
A more likely change would be to restrict the number of H-1B visas that are given out per year (). There is already a cap on the number given out per year and that cap could decrease. The effect here would be obvious, an H-1B would be much harder to obtain.
Again, this is all speculation because we have really yet to see exactly what President-Elect Trump plans to do. However, you should remember that the H-1B program serves a valuable purpose and without American companies would have trouble finding enough specialty workers. For that reason, the H-1B program is not likely to be “done away with” nor is it likely to be significantly diminished. If any changes are made, my guess is that they will be minor in application even if they are publicized as strict or harsh.
The bottom-line is that there will still be H-1B visas available for those who qualify. If you are looking to apply for a visa or if you have more questions, I invite you to visit. Our attorneys have experience with the visa process and the initial consultation is free!