Yoyo Yue, a Chinese content creator, has spent a significant portion of her life navigating the intricate US immigration system. Having moved from China to a US boarding school, attended university, and secured an H-1B visa and a green card, she once considered this path the 'gold standard' for skilled foreign workers. However, Yue now believes this path is far less certain. She stated that the H-1B path today presents considerable uncertainty, not just in terms of job stability but also regarding long-term prospects. Former US President Donald Trump's focus on skilled work visas, if he were to be re-elected, would make America 'less of a default dream now, and more of a calculated decision' for those considering this route, which requires a substantial financial investment, Yue added. Foreign workers are seeing their hopes of building a life in the US shattered as Trump's 'America first' agenda continues to target both legal and illegal immigration. While Trump's approach primarily targets his blue-collar base, the administration's broad policies have impacted nearly every aspect of the immigration system, favoring fewer numbers and increased revenue. Last month, the US Department of Labour unveiled a plan affecting several visa categories, including the H-1B. This proposal would increase prevailing wage levels, potentially requiring companies hiring foreign workers to pay higher salaries by increasing specific benchmarks.
A series of changes in the past year, including a US$100
,000 fee for new H-1Bs and proposed increases to wage thresholds, have made the system more restrictive and uncertain. Consequently, highly educated, experienced professionals are seeking opportunities elsewhere, weighing options in Europe and Asia against the diminishing 'American dream'. Experts caution that this trend could lead to a US 'brain drain'. Tech companies such as Amazon and Google are among the largest users of the H-1B program, which allows workers to stay for an initial period of up to three years, with a maximum of six years. Professionals in 'speciality occupations' are required to have a bachelor's degree or higher, along with specialized knowledge in their field. The visa, a cornerstone of skilled US immigration for over three decades, is obtained through a lottery system generally capped at 85,000 annually, including 20,000 for advanced degree holders. In 2024, over 70 percent of H-1B visa holders were Indian nationals, while over 11 percent were Chinese, making them the two largest categories. Under last month's proposed changes, which involve a complicated formula with various job categories and geographic locations, employers would have to pay higher wages to a foreign worker than to their US counterpart, a measure seen as a way to encourage local hiring. For example, pay requirements for an entry-level foreign family doctor in New York City will jump from US$132,517 to US$187,512. If implemented, these new rules would also affect several other visa classes. This marks the latest challenge for the H-1B program, which has become increasingly hard to get and renew since Trump returned to office. Last year, the administration introduced a US$100,000 fee for companies hiring new H-1B workers. It also weighted the 2026 lottery to prioritize higher-skilled roles rather than a straight lottery, making selection harder for early-career employees. The changes are already being felt by those trying to navigate the cumbersome system. Haina Ha, who works in marketing, first came to the US from China in 2015 for a student exchange, then returned to graduate school on a student visa and entered the workforce during the pandemic. The H-1B is a popular pathway for those who have studied in the US. Originally from China’s Inner Mongolia, the 32-year-old won the H-1B lottery sooner than most, something she attributes to fewer entrants during Covid. Though already on an H-1B, Ha has been indirectly affected by the US$100,000 fee while looking for work after being laid off. While a standard H-1B transfer for an individual already in the US does not technically trigger the fee, it has created an increasingly hostile hiring environment because of concerns about the visa process. H-1B visa holders have 60 days to find new work, change status or leave the country. Ha stated that the jobs available in the market to sponsor visas are definitely fewer, explaining that many companies now specify that they do not sponsor visas on job advertisements. Some of Ha’s friends have relocated to Europe and Asia to work or study after struggling in the US to find employment. They already speak English, making it easier for them to move to countries like the UK or Singapore without learning another language, she said.
In addition to these obstacles, visa holders face significantly prolonged wait times for appointments. Following a 2025 policy shift, Third Country National (TCN) processing was largely eliminated, forcing applicants to renew in their home countries instead of a more convenient third location, such as the United Kingdom or Canada. Chinese nationals, whose visa stamps are often limited to a 12-month validity for reciprocity reasons, will have to travel to China for a new stamp, frequently encountering long wait times for appointments there as well. Hayley, a finance worker from Canada, who declined to give her family name due to ongoing visa concerns, has been in the US for several years on a Treaty-Nafta visa, specifically for Canadian and Mexican nationals. After four years of trying, she won the H-1B lottery this year, and her company is proceeding with the application. She mentioned that if she travels this summer, it might trigger the US$100,000 fee, as she needs to leave the country to attend her brother's wedding in Canada. In the US, her application is considered a 'change of status' since she is already legally present on another visa class; therefore, she hopes it won't trigger the fee. However, traveling internationally while an H-1B petition is pending can cause a 'change of status' to revert to a 'new entry' application. She believes this adds a lot of stress to people trying to navigate this process. Compared to Canada, Hayley noted that the US still offered more promising job opportunities and higher wages in certain fields. Nevertheless, she thinks the recent visa changes are undoubtedly stressing visa holders, especially considering the current aggressive US foreign policy. She is considering other options, such as returning to Canada or going to Europe, partly due to her general sentiment towards the US right now, but the visa situation makes it feel even less attainable.
Zeke Hernandez, a Wharton School professor and author of The Truth About Immigration, argued that the Trump administration made the 'incorrect assumption' that there were enough US workers available. He stated that firms only resort to H-1B and other visas after attempting to hire citizens or those with work permits. He also noted the changes could cause the US to lose its competitive edge, given that over a third of the US STEM (Science, Technology, Engineering and Mathematics) workforce is foreign-born. As the US tightens restrictions, competitors are advancing. China unveiled a new 'K visa' program last year, designed to attract young foreign STEM talent. Hernandez stated that in the field of AI alone, over half of workers with graduate degrees are foreign-born, and this sector is currently propping up the economy. He believes this will likely result in an American brain drain if not stopped by the courts or administrations with more common sense. Small employers, hospitals, and non-profits have been hit hard, facing staffing shortages and an inability to absorb the fee. Hernandez noted that universities, hospitals, and other not-for-profit organizations were never subject to the 85,000 visa cap but are subject to the US$100,000 fee, creating a new class of organizations facing H-1B restrictions. Large tech firms, however, have been less affected, often hiring international students and workers on other visas, allowing them to switch status without triggering the fee. The financial impact of these decisions was highlighted in the Global Nurse Force versus Trump lawsuit, where healthcare providers, schools, religious organizations, labor unions, and individual workers challenged the fee. As of mid-February, the US Citizenship and Immigration Services (USCIS) received evidence of 85 settled payments since the fee was imposed in September, resulting in US$8.5 million in revenue, according to a USCIS court filing. Compared to the same period the year before, the filing revealed a US$81.5 million shortfall in fees collected for H-1B petitions for workers not subject to the annual cap. The burden is falling on organizations that often hire specialized talent from abroad, such as hospitals and universities. Faced with these new fees, these institutions have stopped applying, causing non-cap overseas filings to plummet by 87 percent. US immigration lawyer Tahmina Watson believes these policies risk exporting jobs rather than protecting them. She is seeing high-skilled individuals seeking alternatives, with Canada being a popular destination. Many of Watson’s clients, particularly those in advanced scientific research, rely on master’s and PhD graduates who require H-1B sponsorship. She stated that start-ups and small businesses hire foreign talent out of necessity, given a lack of US skills. She adds that the United States has long been a magnet for global talent, and policies like these may fundamentally alter that reality.
While H-1B opponents claim these restrictions encourage companies to prioritize Americans or pay foreign nationals higher salaries, experts believe it could encourage businesses to hire overseas to control costs. Hernandez noted that research shows firms send jobs outside the US rather than hiring more US workers. He explained that US-based multinational firms primarily hire workers in China, India, or Canada. However, he also mentioned that only 0.4 workers are hired abroad for every one worker that firms miss out on due to the lottery, resulting in a 'deadweight loss' because it is not a one-for-one replacement of jobs overseas. This means firms aren’t getting what they want, and the US economy is less productive. Julia Gelatt from the Migration Policy Institute warned that these hurdles could undercut US competitiveness, noting that while companies might still hire foreign talent remotely, the domestic benefits of these workers would vanish. Gelatt added that high-skilled immigrants are also net fiscal contributors, paying more in taxes than they consume in public services, which is particularly important given the US’ ageing population. She believes reducing high-skilled immigration can negatively affect both innovation and long-term economic growth. The traditional route Yue once took, moving from student to professional, could become ancient history. Under the new, weighted lottery, early-career workers are disadvantaged, making it increasingly difficult for students from India and China to remain in America. Even for those picked in the H-1B lottery process, the win is no longer a straightforward moment of celebration, Yue explained. There’s a mix of worry, adaptation, and anxiety in the H-1B community right now, with these developments adding more restrictions, prompting a growing exodus to Europe and Asia. Among the Chinese community, the pull of American career growth, cultural experiences, and higher income persisted, but compared to before, there’s also more realism, Yue said. People are more aware of the challenges, she added. The bigger cost isn’t just financial. It is the uncertainty. You’re building a life in a system where your ability to stay is never fully guaranteed.
📝 Sobre este conteúdo
Esta matéria foi adaptada e reescrita pela equipe editorial do TudoAquiUSA
com base em reportagem publicada em
Scmp
. O texto foi modificado para melhor atender nosso público, mantendo a precisão
factual.
Veja o artigo original aqui.
0 Comentários
Entre para comentar
Use sua conta Google para participar da discussão.
Política de Privacidade
Carregando comentários...
Escolha seus interesses
Receba notificações personalizadas