With Donald Trump’s swearing-in approaching, both US employers and foreign workers are preparing for possible changes to the contentious H-1B visa program. According to a recent Newsweek report, many US companies are choosing to hire remote workers in order to bypass the complexities of the visa process, which is burdened with administrative challenges and risks.
Employers and H-1B Holders Brace for Changes Under New Administration
Kathleen Campbell Walker, a partner at Dickinson Wright law firm, explained to Newsweek that the H-1B visa is often considered a last resort by employers due to its high cost, uncertainty — especially with the lottery system—and strict regulations. In light of potential changes by the incoming administration, employers are seeking alternative methods to hire skilled workers.
In light of potential rule changes under the new administration, many Indian H-1B holders are being advised by their attorneys and employers to stay in the United States. The Trump administration is expected to unveil a modernized version of the H-1B program, designed to enhance fairness, transparency, and efficiency in hiring foreign talent.
H-1B Program’s Impact on Indian Workers and US Hiring Strategies
Established in 1990, the H-1B program enables US employers to hire foreign workers for specialty occupations requiring high-level skills and at least a bachelor’s degree. Indians have been the primary beneficiaries of this program, receiving over 72% of the H-1B visas issued last year. Indian IT companies, including Amazon, Infosys, Google, Meta, and IBM, are among the top users of the visa.
Trump’s inauguration is scheduled for January 20, with India represented by External Affairs Minister S. Jaishankar. The anticipated changes to the H-1B visa program could have a significant impact on the hiring strategies of US companies and the future of foreign workers, especially those from India.
