A recent report from law firms assisting with H-1B visa applications in the United States indicates that the proportion of applicants being asked to provide additional visa information has doubled from 5% in 2024 to 10% currently.
Industries such as technology, finance, and academia are the major users of the H-1B visa program. In 2024, large companies like Amazon, Google, and Meta obtained thousands of these visas.
The annual federal quota for the H-1B visa program is 65,000 slots. Individuals holding a US master’s degree or higher are eligible for an additional 20,000 slots without this limit.
According to a report on Tuesday by Nikkei Asia, Aizada Marat, the CEO and founder of Alma, a California-based legal-tech company and law firm, confirmed that the request for supplemental visa application information has reached 10%, which is double the figure from 2024.
Alma handles various visas, including the O-1 and EB-1 visas for outstanding talents, the H-1B visa widely used by many tech workers, and the L visas used for internal corporate transfers.
In early May, the American Immigration Lawyers Association also warned that the State Department’s requests for supplemental H-1B visa information are on the rise.
Facing requests for additional information from the government may cause delays in the visa process and potentially impact applicants’ ability to work in the US.
The requests for additional materials are not visa refusals but a standard part of the review process, allowing applicants to address any gaps or inconsistencies in their applications.
During his second term, President Trump issued an executive order on his first day in office instructing the State Department and other agencies to tighten visa issuance across all categories, emphasizing thorough scrutiny of foreign citizens to safeguard US security and interests.
The US Embassy and consulates worldwide have raised the threshold for visa interview exemptions. Under the Biden administration, exemptions previously granted to all applicants with a US visa over the past four years have been revoked, with only certain visa interviews exempted.
There is no current data on visa refusal rates during the Trump administration. Nevertheless, there was an increase in H-1B visa refusal rates for new applicants during his first term.
Julia Gelatt from the Migration Policy Institute told Nikkei that as applicants and their lawyers adapted to the new regulations in Trump’s first term, the refusal rates declined.
Predicting the direction of this administration based on the previous one may not be accurate, Gelatt added.
The White House aims to curb illegal immigration, although opinions differ on whether to tighten business visas. Elon Musk, just out of the government efficiency department, supports the H-1B visa, while Trump hinted at expanding immigration in sectors like agriculture and hospitality.
Expectedly, the government may issue “Trump Cards” to individuals investing at least $500 million in the US for fast-track permanent residency, possibly abolishing the EB-5 visa for investors.
However, Stephen Miller, the White House’s deputy chief of staff overseeing illegal immigration policy, leans towards appropriately tightening scrutiny on H-1B visas, believing it could take away job opportunities from US citizens.
Speaking about legal immigration policy, Gelatt told Nikkei, “There are political factors at play as to which companies and what types of companies the government wants to help.”
In the end, Gelatt added, it will be President Trump who will have the final say, but the role of Stephen Miller is equally crucial, making it difficult to predict the outcome.