During the Trump administration, the United States government implemented policy changes affecting the H-1B visa program, which is used by U.S. companies to employ foreign workers in specialized fields. The changes, guided by the April 2017 “Buy American and Hire American” executive order, led to higher rates of application denials and requests for evidence, according to official government data and independent analysis.
The executive order directed federal agencies to review and revise regulations related to skilled-worker visas to “protect the interests of United States workers.” The stated goal was to ensure H-1B visas were awarded to the most-skilled or highest-paid applicants. Following the order, U.S. Citizenship and Immigration Services (USCIS) updated its adjudication practices.
These policy shifts resulted in a measurable increase in scrutiny for H-1B petitions. USCIS issued a higher volume of Requests for Evidence (RFEs), which require employers to provide additional documentation to justify a candidate’s eligibility. This process often extended adjudication timelines and increased administrative costs for sponsoring companies.
According to data analyzed by the National Foundation for American Policy (NFAP), a non-partisan research organization, denial rates for new H-1B petitions rose significantly. The analysis shows that the denial rate for initial H-1B employment petitions increased from 6% in the 2015 fiscal year to 21% in the 2019 fiscal year. For some major technology companies, the denial rates were reported to have increased more than tenfold during this period.
The technology sector, which is one of the largest users of the H-1B program, was particularly affected. Companies in this industry frequently hire foreign nationals for roles in software development, engineering, and information technology. Historically, workers from India and China have received the majority of H-1B visas. USCIS data from fiscal year 2019 showed that petitioners born in India accounted for 74.5% of all approved H-1B petitions, while those from China accounted for 11.8%.
Business groups and technology industry advocates raised concerns about the changes during the period. Organizations such as the U.S. Chamber of Commerce and Compete America, a coalition of technology companies, stated that the increased uncertainty and higher denial rates made it more difficult to recruit and retain global talent.
Administration officials at the time defended the policies as necessary to prevent fraud and abuse within the immigration system and to prioritize the domestic labor force. The changes focused on ensuring that entry-level positions were not misclassified as specialty occupations and that employers were paying appropriate wages to H-1B workers.
The H-1B program is statutorily capped at 85,000 new visas per year, with 20,000 of those reserved for applicants holding a master’s degree or higher from a U.S. institution. Due to high demand, the number of applications regularly exceeds the available visas, necessitating a lottery system. The policy adjustments of the Trump administration primarily impacted how petitions were evaluated after being selected in the lottery.
