US Work Visa Updates to Watch Under the New Administration

The second Trump administration will likely consider noteworthy changes to visa and immigration policies. While we have some indications of what to expect, many details have yet to materialize, leading to many questions from international workers and employers.

Without knowing how upcoming policies might affect your current visa status and possible future applications, it’s challenging to plan ahead. You could invest time and effort into one strategy only to discover it’s no longer possible.

By staying updated and analyzing historical data, you can see what’s likely to happen under the new US administration. This makes it easier to anticipate and adapt to potential shifts in the future. Let us take you through the most likely scenarios for all the various work visas and employment-based residency permits.

Eligibility criteria

During his previous term, President Donald Trump attempted to make the following changes to visa eligibility criteria. He may introduce similar policies over the coming months and years.

Higher wage requirements

In 2020, the Trump administration passed a wage rule to increase the earning threshold for the H-1B, H-1B1, and E3 work visas and the PERM program.

Weeks later, a federal court overturned this ruling as there had been no opportunity for public comment. When the Biden administration took over the process, they dismissed the rule altogether.

There’s a chance the new administration may try to enact a similar rule and raise the wage requirements for many work visa categories. Such a change could raise hiring costs, making it harder for small US employers to compete for talent.

Foreign nationals would also find it more challenging to find employers willing to pay the higher costs. However, given the ongoing talent shortage, certain specialists will remain in high demand. Anyone working in industries like tech and science may not notice significant changes.

Stricter definitions

Around the same time, the Trump administration proposed a rule to redefine key terms for the H-1B visa. They wanted to tighten the definition of a ‘specialty occupation’ and require applicants to have a degree directly connected to the role.

Additionally, employers would have been required to provide more evidence demonstrating that:

• The qualification is standard for the industry
• The job duties require the employee to have this specialized knowledge
• The degree specifically relates to the role

Employers would have needed to include evidence such as job descriptions referring to the degree or employees in similar roles holding the same qualification.

If the new administration passes a similar ruling, some workers may become ineligible for the H-1B visa. Likewise, employers may find it more challenging to source talent with the right credentials and prepare all the supporting documentation.

Different prioritization

During his last term, the Trump administration wanted to overhaul the H-1B selection process. Instead of choosing applicants through a random lottery, they planned to prioritize those with the highest wages. However, the Biden administration withdrew this rule ahead of the next cap season.

This proposed regulation would have made it harder for recent graduates to qualify, as many of them start on lower salaries.

Under the new leadership, the lottery system may be updated or replaced with a similar ranking system. Applicants might find they need to meet new eligibility criteria to proceed to the next level. To attract a broad pool of candidates, US employers may have to offer higher wages for entry-level positions.

The Public Charge Rule

The Public Charge Rule is an immigration policy used to decide whether an applicant is likely to become dependent on the state. It considers a variety of factors like income, age, and health.

In 2020, the Trump administration expanded the Public Charge Rule. Those likely to use government safety nets like Medicaid or food stamps faced more scrutiny and higher denial rates.

However, this policy change faced legal challenges and was ultimately dismissed by the Biden administration. The federal court may block future attempts to reinstate it. While the new government may aim to reinvoke the policy, there are no guarantees they’ll succeed.

Plus, foreign workers may find the Public Charge rule doesn’t impact them much. As long as you meet the earning threshold for your visa, you’re unlikely to be considered a risk.

Approvals and denials

What impact are eligibility changes likely to have on approval rates across the different visa categories? Historical trends can tell us what to expect, even if they’re inexact:

• H-1B and EB-1 visas decreased significantly
• B-1 saw higher denial rates, which continued under the next administration
• The L-1, O-1, TN, and E-2 visas have remained relatively consistent, with slight drops at most

These figures suggest that obtaining H1-B and EB-1 visas may be more challenging, but other categories should remain largely unaffected.

The current administration has called for a temporary increase to help struggling businesses source the labor they need. In 2025, there will be 64,716 extra spots available, and 20,000 of these will be reserved for nationals of:

• Guatemala
• El Salvador
• Honduras
• Haiti
• Colombia
• Ecuador
• Costa Rica

As it’s temporary, employers must submit applications for supplemental workers by 15 September 2025. To be eligible, the job must start on or before 24 January 2026.

Fee changes

Fee increases may occur under new leadership. Under the previous Trump administration, the Department of Homeland Security (DHS) proposed raising all processing charges by a weighted average of 21%.

Some visa categories would have been more affected than others. For example, they suggested increasing the filing fees for the I-129 by as much as 77% for some applicants.

However, the federal court rejected this proposal on the grounds that it disproportionately affected migrants with low incomes. Instead, a moderate fee increase was implemented in mid-2024.

What does this tell us about what to expect? While the new administration might propose another increase, they may need to cap this at a lower percentage.

What’s more, costs are unlikely to change soon. The US Citizenship and Immigration Services (USCIS) typically review their fee schedule once every few years. As they’ve only just finished a comprehensive review, further changes are likely further down the line.

Renewals and extensions

Under the new leadership, visa extensions could become less straightforward, potentially prolonging the process and increasing the burden on applicants and sponsors.

USCIS has a deference policy stating that officials don’t need to fully review an extension if the applicant’s situation hasn’t changed. They can defer to the previous decision provided the following factors have remained the same:

• The employer sponsor
• The job role
• The location
• The visa category
• The material evidence supplied

This deference policy simplifies the review of extension requests for immigration officials, resulting in fewer delays and denials.

The previous Trump administration ended the rule, meaning officials now had to review every renewal and extension request as if it were new. This made the process slower and led to more Requests for Further Evidence (RFEs).

USCIS has since reversed the decision and reinstated the deference policy. The federal government is now moving to codify this policy, making it permanent, at least until a new time-consuming rule-making occurs.

Preparing for potential changes to US immigration policy

While the future is unclear, thorough planning and preparation can help you adapt more quickly to potential shifts. You can also develop some contingency plans to give you more flexibility.

Here are some strategies for employers and workers to consider:

• Apply ahead of the changes: Wherever possible, submit applications before the policies change. You can apply under the current rules, making the visa process more predictable and easy to manage. Immigration services like Deel can fast-track applications, so you’re more likely to meet critical deadlines
• Stay informed: Read any announcements about upcoming changes to policies. The government is usually required to give notice before they enact or amend any rules, giving you a few months to prepare or explore other options. If you partner with Deel, our Compliance Hub also notifies you about all the relevant regulatory changes
• Maintain records: Ensure any paperwork related to visas, employment, and credentials are accurate and up to date. Comprehensive records will make it easier to demonstrate eligibility and respond to RFEs
• Streamline processes: As the employer, review your systems for hiring and onboarding foreign employees. Consider outsourcing to an immigration service like Deel if you don’t have the resources to build out your operations
• Allow plenty of time: Kick off applications as early as possible to account for possible delays. Even if the new policies work in your favor, any major changes are likely to cause delays in visa processing while officials get used to the new system
• Consider alternatives: If you’re not committed to the US, now may be a great opportunity to explore other options. Remote work means you could relocate anywhere without losing the connection between team members

Read our guide to the most US-friendly visas for inspiration on where to move.

Be prepared for all visa scenarios with Deel

Policy changes are inevitable under the new US administration. Planning ahead is key to navigating these uncertain times and minimizing potential disruption.

Immigration experts like Deel can help you understand how policy changes will likely impact you and form a strategy. Our team can present all the options and work with you to develop contingency plans if certain visa pathways are no longer viable.

When the laws come into effect, Deel Immigration navigates the new application processes on your behalf. We take care of everything from eligibility checks and paperwork to form filing to help you avoid potential pitfalls. Afterward, Deel keeps you updated on any further changes and prompts you when it’s time for renewal.

Looking for more peace of mind over US work visas? Book a consultation with Deel now to see how we can support you throughout the application process and beyond.