Changes to H-1B Visa Process Under Trump Administration: What Immigrants and Employers Need to Know
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Since President Donald Trump’s return to the White House in January 2025, immigration policy has shifted rapidly—and one of the most affected groups is skilled foreign workers under the H-1B visa program. The Trump administration has made clear that reforming employment-based immigration is a top priority, with executive orders and Department of Labor policy updates already impacting visa petitions.
This blog breaks down what’s happening to the H-1B process, what immigrants and employers need to watch out for, and how De Maio Law can help you navigate the new landscape.
1. Background on the H-1B Visa Program
The H-1B visa allows U.S. companies to employ foreign workers in specialty occupations, typically requiring a bachelor’s degree or higher in fields such as technology, engineering, healthcare, and finance. It has long been a lifeline for U.S. companies seeking global talent.
Each fiscal year, 85,000 H-1B visas are made available (including 20,000 for those with advanced U.S. degrees), with the cap usually reached within days. USCIS uses a random lottery system to allocate these slots. Under President Biden, changes were proposed to move toward a wage-based selection process, but those plans were paused. Now under Trump, new policy directives are being implemented that could impact the process significantly.
2. What Has Changed Under Trump’s 2025 Administration?
Several major shifts have occurred—or are being considered—since January:
Return to Emphasis on U.S. Workers First: A renewed push for "Buy American, Hire American" policies is being reflected in agency decisions and processing trends.
More Scrutiny in Adjudication: Requests for Evidence (RFEs) and Notice of Intent to Deny (NOID) are once again increasing, especially for IT roles and third-party placements.
Contractor and Third-Party Worksites: USCIS is tightening enforcement on workers stationed at third-party locations. Petitioners must now provide detailed itineraries, contracts, and proof of control.
Denials Based on Prevailing Wage Compliance: Employers must now demonstrate that they are not undercutting wages—this is being heavily enforced.
Fee Increases and Premium Processing Delays: Filing fees have risen, and premium processing times are being inconsistently met.
Suspension of Work Authorization for Certain Spouses (H-4 EAD): The administration is revisiting a long-standing effort to rescind H-4 work permits.
3. What This Means for Immigrants
Foreign workers must prepare for longer timelines, higher documentation standards, and a less forgiving process overall. Strategies for success include:
Proactive Planning: File early, maintain lawful status at all times, and compile extensive documentation to support your petition.
Know Your Employer’s Role: Employers must now be even more careful to demonstrate compliance with labor conditions.
Consider Alternatives: For some, L-1 visas, O-1 visas, or even employer-sponsored green cards may be more strategic paths.
Beware of Gaps in Status: Denials and RFEs can delay approval consult an attorney to ensure you’re covered.
4. What Employers Should Do Now
Employers must reassess their immigration sponsorship procedures:
Audit and Document Everything: Job descriptions, salary levels, and employment terms must be meticulously documented.
Use Legal Counsel: Avoid DIY filing legal support is crucial under the new scrutiny.
Stay Updated: Policy changes are happening fast. Engage an immigration attorney for updates and guidance.
Avoid Delays: Prepare petitions early and budget for increased costs and possible delays.
5. How De Maio Law Can Help
At De Maio Law, we understand the stress and complexity of the H-1B process—especially in an evolving legal environment. Our employment immigration services include:
H-1B petition strategy and filing
Company compliance audits
Responses to RFEs and NOIDs
H-4 and dependent support
Alternatives to the H-1B visa (L-1, O-1, PERM, etc.)
Our team is committed to helping foreign professionals and their U.S. employers navigate change confidently and successfully.
Conclusion: Secure Your Future in the U.S. Workforce
With new rules and political pressures shaping the H-1B program, preparation and expert legal support are essential. Whether you’re a current visa holder, a hopeful applicant, or an employer relying on international talent, De Maio Law is here to help you succeed.
📞 Call us at (786) 232-9120📧 Email info@demaio-law.com🌐 Book your consultation online at www.demaio-law.com