(Keshab Raj Seadie is an immigration lawyer based in New York City. He is the founder of the Law Offices of Keshab Raj Seadie, PC, one of the leading U.S. immigration law firms. The firm provides counsel and representation in nearly every area of immigration law and has been established for over two decades.)
As we usher in 2025, the Trump administration appears poised to revive and expand upon the restrictive immigration policies championed during its previous tenure. Under the influence of figures like Stephen Miller, sweeping changes are anticipated across both illegal and legal immigration.
Deportation Crackdown:
An estimated 1.2 million individuals who have exhausted all deportation defenses and are subject to final removal orders are expected to face targeted enforcement. Alongside this, the administration aims to intensify its focus on criminal deportations, signaling a more aggressive stance on immigration enforcement.
H-1B and L-1 Visa Overhaul:
Looking back at the last Trump administration, significant changes to employment-based visa programs are likely. The proposed policies could reshape how companies, particularly in the IT consulting sector, navigate visa sponsorship. Key expected changes include:
H-1B Visa Reforms: Redefining “specialty occupation” to narrow eligibility, potentially limiting the use of the program by third-party placement firms.
L-1B Visa Changes: A tighter interpretation of “specialized knowledge,” which may create additional hurdles for intra-company transferees.
L-1A Visa Adjustments: Redefining “executive and managerial duties” with stricter criteria, making it harder for international firms to bring executives to the U.S.
New Requirements for Employers:
-
- Labor Condition Application (LCA) for L-1 Visas: A requirement for an LCA and wage determination for L-1 visas may be introduced, aligning it closer to the H-1B process.
- Prevailing Wage Increases: Employers may be required to pay at least Level 2 wages or higher, significantly raising the cost of hiring H-1B and L-1 workers.
These measures could disproportionately affect Indian nationals, who account for over 70% of H-1B and L-1 visa holders, and may have a profound impact on third-party IT consulting firms. Industry experts fear that these changes could undermine the business model of consulting firms that depend on competitive wage structures and flexible visa programs.
Geopolitical Considerations:
As these policies loom, some speculate whether international players like Indian Prime Minister Narendra Modi might step in to negotiate softer terms. India, a major beneficiary of the H-1B program, could leverage defense and trade agreements with the U.S. as bargaining chips, especially as it navigates strategic partnerships in light of strained ties with Russia and its increasing reliance on Western allies.
Elon Musk’s Role?
Some observers wonder if business leaders like Elon Musk, who benefit from international talent, will advocate against these restrictive measures. However, larger corporations such as Tesla and other tech giants could benefit from the downfall of third-party IT consulting firms, which may limit their motivation to intervene.
Implications for IT Consulting Companies:
If these policies are enacted, IT consulting firms should prepare for significant challenges. Companies relying on H-1B and L-1 visa holders for third-party placements may need to pivot their business models to remain competitive in a dramatically altered landscape.
The road ahead for immigration policy in the U.S. is uncertain, but 2025 promises to bring significant changes to the employment-based immigration system. Stakeholders in the IT and consulting sectors should brace for the possibility of stricter regulations and higher costs while keeping an eye on potential political and corporate interventions. Only time will tell how these changes unfold and their broader impact on the global economy.
The information provided here is general and for informational purposes only. For specific immigration advice, please consult a licensed attorney.
Keshab Raj Seadie
View More PostsKeshab Raj Seadie is an immigration lawyer based in New York City. He is the founder of the Law Offices of Keshab Raj Seadie, PC which is one of the best US immigration law firms that provide counsel and representation in virtually every area of immigration law. They have been established for over two decades and have a reputation for exceptional quality services across various immigration practice areas.
