Foreign workers seeking U.S. jobs enjoyed near-guaranteed visa success in fiscal year 2024, with immigration authorities approving more than 97% of H1-B visa applications, as reported by the National Foundation for American Policy.
The was the second-highest approval rate in more than a decade. But the exceptionally high success rate could soon end if President-elect Donald Trump’s team revives his first administration’s restrictive immigration policies, according to immigration lawyers. That in turn could significantly affect U.S. businesses and other institutions that rely on highly skilled foreign workers, especially those from India, they warn.
“I think it’s going to get harder, and it’s going to be more complicated to approve things,” said Sharvari Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association (AILA) and a former lawyer for U.S. Citizenship and Immigration Services (USCIS).
Companies exploit program, say critics
Created in 1990, the H-1B program lets U.S. employers hire foreign talent in specialized fields such as technology, engineering and health care, with 85,000 visas issued by lottery. Indian workers received more than 70% of the slots in recent years, followed by Chinese nationals.
The program has long been the subject of controversy. Proponents point to its role allowing the U.S. to attract top foreign talent and fill critical jobs. A 2016 study by the National Foundation for American Policy found that nearly one-quarter of America’s billion-dollar startups had a founder who first came to the U.S. as an international student.
But critics view the program as a weapon against American workers. Ira Mehlman of the Federation for American Immigration Reform (FAIR) pointed to Disney’s controversial move a decade ago to lay off hundreds of U.S. staff members, forcing them to train foreign replacements as a condition of their severance.
