Act Now: Trump’s 2024 Plan Could Limit Work Visas Like H1B, L1

By Sanwar Ali:

Sanwar Ali is the founder of workpermit.com and a pioneer in legal services automation, specializing in AI-enhanced immigration solutions. He designed and developed the first AI L1 visa assistant system to help businesses manage their L1 visa applications and streamline the intra-company transfer process, helping businesses transfer key personnel to their US offices.

With the 2024 U.S. presidential election looming, Donald Trump’s potential return to office could dramatically reshape immigration policies, especially concerning H1B, L1, and other work visas that U.S. businesses heavily rely on. Those considering applying for work visas should act now, as changes under a second Trump administration could complicate or limit their ability to secure employment in the U.S.

H1B and L1 Visa Programs: Immediate Impact for Workers and Businesses

Trump’s first administration saw dramatic increases in denial rates for H1B visas, especially for tech companies and consulting firms that rely on foreign workers for specialized skills. The denial rate for initial H1B applications soared to 24% in FY 2018, up from just 6% in FY 2015. If Trump is re-elected, businesses could face similar challenges, as stricter policies are expected to be reintroduced. Those affected would likely include:

• Increased Visa Denial Rates: Companies may find it more difficult to get approval for their employees, especially when hiring for positions where the "specialty occupation" requirement is closely scrutinized.

• Shortened Visa Durations: Under Trump’s 2024 plan, H1B and L1 visas might be granted for shorter durations, especially for those placed at third-party client sites. For businesses that rely on such visas, this could mean higher costs and uncertainty about the longevity of their workforce.

• Expanded Ideological Screening: Trump has proposed new screening measures, targeting individuals with perceived anti-American or radical beliefs. While the exact scope of this screening is unclear, it could delay visa approvals and affect the ability of businesses to hire skilled foreign workers quickly.

Why Apply Now?

Given the potential restrictions, those seeking H1B, L1, and other work visas should apply as soon as possible before these changes take effect. Businesses may face longer delays, higher rejection rates, and increased costs if these policies are reinstated. Now is the best time to act before new restrictions complicate the process.

Changes to Employment-Based Immigrant Visas (EB-1, EB-2, EB-3)

In addition to non-immigrant work visas, Trump’s immigration plan could also impose tighter restrictions on employment-based immigrant visas (such as EB-1, EB-2, and EB-3), which provide a pathway to permanent residency. These visa categories are crucial for highly skilled professionals and essential workers in fields like healthcare, engineering, and academia.

Under Trump’s previous administration, applications for employment-based green cards faced increased scrutiny, and his 2024 plan suggests similar obstacles could return, potentially reducing the number of immigrants receiving permanent residency based on employment.

Impact on U.S. Businesses and Talent Acquisition

For companies, especially in industries like technology and healthcare, these changes could make it more difficult to hire skilled foreign workers. U.S. businesses may need to rethink their strategies, including the possibility of offshoring work, hiring remote talent from abroad, or significantly increasing wages to attract U.S. workers to fill critical roles. The tech industry, which has traditionally relied on H1B workers, is likely to be particularly affected by any restrictions on work visas.

By applying for visas now, companies and individuals can avoid potential bottlenecks that could arise if more restrictive policies are implemented post-election.

DACA and TPS: Long-Term Workforce Displacement

Trump’s 2024 plan also includes proposals to end Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS), which provide work authorization for nearly 2.7 million people. While these programs are not directly tied to employment-based visa categories like H1B or L1, their termination would displace many workers who contribute to sectors like agriculture, construction, healthcare, and education.

The removal of TPS or DACA work permits could exacerbate labor shortages in these industries, especially in regions that rely heavily on immigrant labor. While DACA and TPS recipients typically do not work in industries covered by H1B or L1 visas, their removal would still have significant downstream effects on the U.S. labor market.

Legal and Political Challenges

Trump’s immigration proposals are likely to face legal challenges, particularly his plans to terminate DACA and TPS. In his previous term, attempts to end these programs were blocked by the courts, and similar litigation could delay or block some of his proposed changes. However, businesses and individuals should not rely on legal challenges alone to preserve their work status.

Chevron Deference and Employer Recourse

One significant legal issue that could arise during a second Trump term is the potential limitation of Chevron deference, which allows federal agencies to interpret ambiguous laws. If the Supreme Court scales back Chevron deference, businesses may have greater recourse to challenge restrictive immigration policies. However, such legal battles could take years, meaning uncertainty will persist for businesses and visa applicants.

Conclusion: Act Now to Secure Work Visas

Trump’s 2024 immigration plan presents significant challenges for non-immigrant and immigrant work visa programs, especially H1B and L1. U.S. businesses and foreign workers should be proactive by applying for visas now, before any changes are implemented. With legal challenges and political debates likely to delay or complicate these proposals, those who act quickly will be in a stronger position to secure employment and work authorization in the U.S.

As the immigration landscape potentially shifts, businesses must prepare for increased scrutiny and possibly tougher visa approval processes. Employers should begin contingency planning and monitor the political and legal developments closely. In the meantime, applying for work visas now could avoid future complications and ensure that skilled talent remains accessible in the U.S. labor market.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

   

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)