Visa Lawyer Blog: December 30, 2024. President Elect Donald Trump Changes His Mind, Suddenly Supports H-1B Work Visas
In an interview with The New York Post, Trump stated, “I have always liked the Visas, I’ve always been in support of the Visas.” That’s why we have them,” referring to the H-1B program, which allows U.S. companies to hire foreign workers in specialty occupations.
The President elect went on to say, “I have many H-1B visas on my properties. I’ve always believed in H-1B. It’s a great program.” It’s a great program.”
These comments are a sudden change from Trump’s usual hardline stance on H-1B visas. During his first term in office, Trump passed an executive action known as “Buy American and Hire American,” which restricted access to H-1B visas.
His administration was also responsible for a dramatic increase in the issuance of Requests for Evidence, as well as denials of H-1B worker petitions–a record high when compared to previous administrations.
Since speaking with the media, Trump allies Elon Musk and Vivek Ramaswamy, both made posts on social media vehemently pledging their support for the H-1B visa program.
Their influence within the world of tech may have led Trump to have a change of heart. Elon Musk, an immigrant, responded to critics in a post on X by stating that “the number people who are super-talented engineers AND super-motivated in the USA is much too low.” While acknowledging that the H-1B program has been abused by some employers, Elon Musk said that the government could easily combat such fraud and abuse by “raising the minimum salary significantly and adding a yearly cost for maintaining the H-1B, making it materially more expensive to hire from overseas than domestically.”
This is precisely what President Trump did during his first term in office. H-1B workers who were paid the level one prevailing wage received much greater scrutiny and were often denied.
Furthermore, the H-1B visa is already a costly visa for U.S. employers to bear.
Beginning April 1st, the U.S. Citizenship and Immigration Services (USCIS) increased the H-1B filing fee by 70% from $460 to $780.
In addition to increasing the base filing fee, most H-1B employers are now required to pay a new Asylum Program Fee of $600, with certain exemptions for nonprofits and small employers.
Employers wishing to pay for premium processing service to guarantee a decision within 15 business days, must shell out $2,805 thanks to a recent price hike introduced by USCIS on February 26, 2024.
Finally, the H-1B cap registration fee will increase from $10 to $215 per electronic registration starting with the FY 2026 cap season, which begins in March 2025.
What’s clear is that a rift is being revealed within Trump’s camp, with many defending the H-1B visa program. We can only hope that the President will soon come to understand that talented highly skilled foreign workers, especially those in the STEM fields, are critical to stimulating economic advancement and innovation across numerous industries including tech.
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