If Donald Trump wins the 2024 election, it could create difficulties for high-skilled immigrants, especially those on H-1B visas. During his first term, Trump’s policies made it harder for foreign workers to get or keep jobs in the U.S. H-1B visa denials and Requests for Evidence (RFEs) increased under his administration, causing uncertainty for workers. Between 2016 and 2020, about 18% of H-1B visa applications were denied, a big jump from the 3.2% denial rate under President Biden. The number of RFEs also grew, rising from 12% to a peak of 34%.
If Trump returns to office, the process for obtaining H-1B visas may become even stricter, making it harder for immigrants, particularly international students and highly skilled workers, to find or keep jobs in the U.S.
Impact on H-1B Spouses and OPT Programs
The spouses of H-1B workers, who hold H-4 visas, may face new challenges as well. During Trump’s first term, there was an attempt to end a rule that allowed H-4 visa holders to work in the U.S. Although this rule wasn’t removed, it could be targeted again. Any new changes could make it harder for spouses of H-1B workers to get work permits, potentially leading to long delays or denials.
International students on F-1 visas who use the Optional Practical Training (OPT) program might also face changes. OPT allows students to work for up to 12 months after graduation, with an additional 24-month extension for STEM graduates. However, Trump’s administration previously attempted to reduce or eliminate this program, especially the STEM extension. If he is re-elected, there could be new restrictions on OPT, making the U.S. less attractive for international students looking to stay and work after graduation.
Trump’s Green Card Promise and Wage Requirements
Trump has promised to provide automatic green cards to all U.S. college graduates if he is elected. He believes that anyone who graduates from a U.S. college, including community colleges, should be able to stay in the country. This proposal could help foreign students, but it’s unclear whether it will pass or be implemented.
In 2020, Trump’s administration proposed a rule that would raise the minimum wage for H-1B visa holders, requiring employers to pay higher salaries, sometimes over $200,000. This rule was blocked by a judge, but Trump could try to bring it back, which could make it harder for foreign workers to find jobs in the U.S.
Overall, Trump’s second term could bring stricter immigration policies for high-skilled workers, which may create challenges for foreign workers and students hoping to stay and work in the U.S.
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