Trump’s H1B Visa Plan May Result in More Green Cards

When leadership in a country (or a business for that matter) makes changes in rules, policies and qualifications, there are always unintended consequences.  The reason is that it is impossible to know ahead of time how sweeping changes will play out, and what the effect may be long term.

This organizational principle will be at the center of work visas and immigration in the US over the next few years, as the incoming Trump administration has made it no secret that they intend to reform the H1B visa program and other immigration laws.  Ironically, one of those unintended consequences could be an increase in the number of permanent resident workers (green card holders) who are currently working under H1B visas.

The Permanent Resident Opportunity for H1B Visa Holders

Most non-immigrant visa holders are prohibited from having ‘dual intent’, in other words securing a temporary visa with the plan to try to obtain a green card once inside the country.  The H1B visa however, is one of only three work visa categories where the non-immigrant worker can legally pursue permanent resident status while staying in the US under a nonimmigrant visa.

As the availability of H1B visas may be limited in the future, those who are currently applying, or thinking of an extension or transfer, should consider having a plan to begin the green card process.  Even H1B transfers could be affected by the new Trump policies, since a transfer essentially is an application for a new H1B visa, subject to any new restrictions.  If you have a current US employer, that is enough to begin to take steps toward a green card with the assistance of an immigration attorney.

News Flash: Trump Favors Qualified Foreign Professionals Working in the US

One of the often-overlooked statements by President-elect Trump is that he values the educational background and professional skill set of foreign born workers.  As a lifelong businessman that utilized the H1B visa program, he realizes that there are some countries that offer a different educational or technical training to their citizens, and that US businesses can benefit from employing them.  He also favors allowing foreign students studying in the US to remain and work after graduation, in order to preserve the investment in that knowledge base.

These practical considerations may open up different types of opportunities for those in ‘specialty occupations’ that may have skills not readily available in the US workforce.  Whether it is IT workers from India, nurses from the Philippines or medical researchers from China, the H1B program is one way for those professionals to begin a career in the US.  The major change will be that they should begin seeking residency and a green card as soon as possible.

From H1B Visa to Permanent Residency: The Long-Term Opportunity

In a future article, we will discuss the steps for an H1B visa worker to obtain permanent residency, and it is not without effort or time involved.  However, if your dream is to remain in the US and pursue your career, then this is a much better option than sweating out changes to the program and re-applying every three years with an uncertain outcome.

It is fair to say that under the Trump administration, there will be a crackdown on temporary or illegal workers in the US that are perceived to be hired as cheap or easily available employees to replace US workers.  But that does not mean the US economy does not need the ‘global brain trust’ that is held by those from other nations, and its value to business in the US is well-documented.

Please contact us at any time if you need assistance locating a US sponsor or have questions about the H1B visa program.

,
  • January 23rd, 2017
  • 18

18 thoughts on “Trump’s H1B Visa Plan May Result in More Green Cards”

    1. You can’t apply for an H1B yourself. You must find a sponsor company i.e Infosys, Tata, HCL etc.. to file an application on your behalf and then if you’re selected in the lottery you can start working for the sponsor company on an H1B. Is this clear?

  1. For me as well as some of my friends got 221g in recent times when we went for h1b stamping.Is it something related to change in administration in USA?my case was pending with them for more than or equal to two months.any ideas how much more time it will take? Note:Documentation part is perfect.

    1. Hi Mahesh . I am going for fresh H1B stamping in March . Why was ur case given 221 G . Had you worked in US on h1b before going in for stamping ? Any help will be of great help. I am working with a desi consultant for a bank in NYC . My h1b was approved last year and I have been working for the same client since 2016 february

  2. My fiancée is under a h1-b (that’s under the possible $130k minimum) we are getting married in two months and starting the green card process immediately after. How will this new bill effect his ability to work in the US?

  3. Hi,
    I am presently working in US on H1B, I came in 2007 and applied for GC in 2010, I am not a techie and just a graduate, please tell me what will be my chances of getting the GC.

  4. I am in H1B visa for a year already? Can my employer file our greencard already? And what effect will this plan of President Trump affect our greencard application? Will it make it faster?

    1. You can start green card process anytime. My employer started in 6 months. There has been no news that indicates changes to GC processing time. So apply and wait

  5. Greetings,
    I have been working on h1b in a small firm since 2010. My employer has already filed for my green card on this basis and my I140 has been approved thereafter. What would be the circumstances for h1b holders with approved PERM and I140 under this executive order.
    Please shed some light on switching employers at this point. Any help will be greatly appreciated!

  6. hi i am applying for green card visa in 2017 .i wanted to know how much time it take to procress and does new law have an effect on green card visa?

  7. Hi,
    I am planning to work temporary in US. What will be the best advisible and suggestions to processes the VISA.J1 Visa or H1 visa.

    Please help me.

  8. I’m a nurse can anybody guide me in where to find a sponsor or what steps should I take. I’m so nervous that all the work I’ve been doing these couple months are for nothing. The president is making a lot of changes but will it affect me as a nurse RN

  9. There was an article in Times of India regarding H1B Visa holders. How they can start their own Venture even if they are having H1B Visa. There are some NGOs also there helping such persons.
    If any one can help in this regard.

  10. Hello,i have applied for U.S greencard in 2017,and i was registered for the U.S greencard lottery,i wanted to know how long it will take for the results to be out for the winners,currently am agraduate,thanks.

Leave a Reply

Your email address will not be published. Required fields are marked *