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Trump’s proclamation on H-1B visas manifests uncertainty, angst

November 2025 employment law letter
Authors: 

Mike Thompson, Lehr Middlebrooks Vreeland & Thompson, P.C.

On September 19, President Donald Trump issued a presidential proclamation regarding the popular H-1B visa that sent H-1B visa holders and the employers that rely on them into a panic. This update is intended to summarily address the current status of the proclamation’s impact.

Background

The H-1B visa is available for specialty occupation workers, a category that generally encompasses individuals who have attained a college degree in a specialty or field that is required for a particular position.

H-1B visas are limited to 85,000 cap-subject visas per fiscal year, with 20,000 of those visas reserved for foreign nationals holding a master’s degree from a U.S. university. The available visas are subject to an annual lottery conducted each spring for an employment period commencing on or shortly after October 1, the beginning of the government’s fiscal year (FY).

Aggressive immigration tactics turn toward ‘white collar’ immigration

According to a September 25, 2025, Wall Street Journal article, there are approximately 700,000 people living in the United States on H-1B visas. According to the same article, Amazon had almost 15,000 beneficiaries approved for H-1B visas in FY 2025. Microsoft and Meta Platforms each had more than 5,000.

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