On January 20, 2025, Donald Trump was sworn in as the 47th President of the United States. With this leadership transitioning back to power, many employers are concerned about potential changes to the H-1B, immigration, and employment policies.
This blog will outline the major differences between President Trump and Biden administration’s H-1B visa program requirements helping you understand the potential policy shifts that may be introduced.
Immigration Policy Updates
Trump Administration
President Trump’s views on immigration have stayed consistent over the years. From enforcing stricter border policies to reducing illegal immigration, his administration has consistently advocated and prioritized the well-being of American citizens over immigrants.
Some important policies President Trump implemented include:
- Public charge rule: On August 12, 2019, USCIS announced a new rule, restricting poor immigrants who relied on government facilities from attaining a permanent status in the U.S.
- Stricter Labor Condition Applications: The Department of Labor introduced additional scrutiny for LCAs, making it more difficult for employers to hire foreign workers.
- Increased site visits: USCIS and DOL increased site visits to maintain transparency and ensure compliance with the immigration guidelines. These visits may be unscheduled or scheduled in advance.
- New alien registration requirements: On January 20, 2025, President Trump signed executive order 14159: “Protecting the American People against Invasion”, requiring foreign nationals 14 or older who were not registered and fingerprinted when applying for a U.S. visa and remain in the United States for 30 days or longer to apply for registration and fingerprinting.
The former President preferred to look at immigration policies from what he referred to as a more “humane” perspective. He implemented several new policies to protect immigrants and reversed many policies signed by President Trump during his tenure. Biden revoked and implemented certain policies such as:
- Reversing Public Charge Rule: Biden revoked the Public Charge Rule in March 2021, which came into action under President Trump’s administration in 2019, as it made it harder for immigrants to get green cards if they had used government services like food stamps, healthcare, and housing assistance.
- DACA Protection authorizations: DACA recipients retained work authorization, deportation protection, and had access to Affordable Care Act benefits.
- Easing the visa process: On June 18, 2024, the Biden administration announced actions to simplify the visa process for F1 students having a job offer in the United States.
H-1B Visa Program
President Trump’s approach to the H-1B visa policies has changed throughout the years, but the focal point of his plans has always been clear. His administration implemented multiple policies to restrict H-1B visas and enforce stricter measures.
Some major policies introduced during President Trump’s administration include:
- Buy American and Hire American: On April 18, 2017, President Trump signed Executive Order 13788: “Buy American and Hire American” to protect and encourage American workers and businesses.
It aimed to:
- Encourage domestic manufacturing
- Restrict H-1B and other work visas
- Reduce outsourcing & offshoring
- Boost wages & job opportunities for American workers
- Higher wage requirements: Under President Trump’s administration in October 2020, The Department of Labor (DOL) announced the Wage Level Rule to raise minimum wage requirements for H-1B, H-1B1, E-3, and PERM workers.
This rule was implemented to prevent the exploitation of highly skilled foreign workers by ensuring they are paid equally to U.S. workers, making it difficult for U.S. employers to hire skilled foreign workers.
- Increased RFEs and Denials: Under Trump’s administration, USCIS significantly increased Requests for Evidence (RFEs) and denial rates for H-1B petitions, complicating the hiring process of foreign workers.
- Increased worksite inspections: Site checks and compliance visits were increased to reduce fraud and sustain the integrity of the U.S. immigration policies.
- Revocation of BAHA: As part of the Biden Administration’s Updates to H-1B Visa Program Requirements, the former President revoked Executive Order 13788: “Buy American and Hire American” on January 25, 2021, and signed a new Executive Order 14005 titled “Ensuring the Future is Made in All of America by All of America’s Workers”.
This order was implemented to shift focus from restricting foreign workers to strengthening domestic manufacturing through federal procurement policies.
- H-1B wage rule reversal: On January 20, 2021, Former President Biden delayed the execution date of Trump’s wage rule that was introduced via a DOL Interim Final Rule (IFR), and On May 13, 2021, The DOL officially withdrew this rule.
- Decrease in RFEs: During his tenure, President Biden always encouraged the hiring of global talent and revoked certain policies that made it harder for U.S. employers to hire them.
On March 19, 2021, USCIS rescinded Trump’s strict RFE policies, which allowed officers to approve H-1B petitions without excessive documentation.
- STEM and F-1 visa benefits: To encourage international talent and simplify the visa process, the Biden administration introduced several policies such as:
- STEM OPT Expansion: 22 new STEM fields were added to the Optional Practical Training (OPT), allowing F-1 students to stay and work in the U.S. for up to 3 years after graduation.
- National Interest Waiver: To make the green card process easy for those contributing to the American economy and research, STEM professionals were made eligible for NIW.
- Streamlined Visa Processing: The Biden administration announced faster F-1 to H-1B transitions to reduce delays for F-1 students.
Employment & Business Regulations
President Trump believed in deregulation, tax cuts, and prioritizing the American Workforce. His administration aimed to reduce compliance burdens and enforced stricter policies such as:
- 2-for-1 rule: On January 30, 2017, President Trump signed Executive Order 13771 entitled “Reducing Regulation and Controlling Regulatory Costs”. According to this order, for every new rule, the government must remove two old rules.
- TCJA: On January 1, 2018, the Tax Cuts and Jobs Act (TCJA) was implemented to boost economic progress through tax reductions.
- Independent contractor rule: President Trump finalized the Independent Contractor Rule on January 7, 2021. This rule aimed to make it easier for businesses to classify workers as independent contractors. However, this rule never took effect as Biden’s administration delayed and rescinded it on May 6, 2021.
- Reduced labor protections: Labor protections were weakened to reduce costs for businesses. President Trump aimed to make it easier for organizations to classify workers as independent contractors which meant fewer rights for them.
Former President Biden aimed to align employment and business regulations with workers’ interests by enhancing labor protections, increasing wages, and revoking certain Trump-era policies that did not support workers.
Some policies he revoked and executed include:
- Revocation of Trump’s Independent Contractor Rule: The Biden administration rescinded the Trump-era Independent Contractor Rule in May 2021 and released a new version in March 2024.
Biden’s rule introduced a totality-of-the-circumstances approach, evaluating six economic factors to determine whether a worker is an employee or an independent contractor.
- Raising the federal minimum wage for workers: On April 27, 2021, Former President Biden signed Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors”, raising the minimum wage to $15 per hour.
- Expanding workers’ protections: As a continuation of policies under the Biden Administration Updates H-1B Visa Program Requirements, the DOL ramped up investigations related to certain important matters including wage theft, worker misclassification, and safety violations, enforcing stricter labor laws to enhance workplace safety and wage protections.
- Union support and Labor rights: Biden’s administration always displayed his open support for labor unions and advocated for the PRO Act (Protecting the Right to Organize Act), which empowered workers to unionize and bargain collectively.
How Can Employers Prepare?
With Trump’s administration back in action, employers must prepare for potential policy shifts that will impact immigration, labor laws, and regulatory compliance.
Some actionable steps employers must follow include:
- Stay updated on policy changes: Stay informed on any new policy changes and monitor updates related to immigration, labor laws, visa requirements regularly.
- Strengthen immigration compliance: Ensure compliance with the USCIS guidelines by compensating foreign workers fairly, maintaining proper documentation, and conducting regular audits.
- Consult an immigration attorney: Consult an experienced immigration attorney who will help you understand your rights as an employer and guide you accordingly.
- Conduct internal audits: Conduct regular internal audits to identify any potential loopholes and stay prepared for audits in advance.
End Note
With President Trump’s leadership coming back to power, businesses and employers are concerned about the potential policy changes that may be introduced. While the Biden administration’s updates to H-1B visa program requirements focused on worker protections, fair wages, and expanding immigration, Trump administration always prioritized American workers and encouraging local talent.
Employers must stay updated on any new policy changes, strengthen immigration compliance, consult an immigration attorney, and conduct internal audits to stay compliant with the USCIS guidelines
Stay ahead of upcoming changes in H-1B visa, immigration, and employment policies with OnBlick, book your free demo today!
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