The legacy of the 2004 bill remains mixed. By becoming law, the bill has allowed up to 400,000 graduates of U.S. universities to gain H-1B status and remain to work in the United States. Many of these individuals have likely become U.S. citizens and contributed to the American economy as professionals, researchers and entrepreneurs.

Over the past two decades, employers have paid more than $6 billion in H-1B fees that have funded approximately 100,000 scholarships for U.S. students in science and technology fields and job training for U.S. workers, according to an NFAP analysis.

Despite the 20,000 exemption for advanced degree holders, the H-1B annual limit has remained inadequate. The 85,000 annual limit (65,000 plus the 20,000 exemption) equals only 0.05% of the U.S. labor force. According to USCIS, the agency received H-1B registrations for 442,000 unique beneficiaries for FY 2025, five times more than the 85,000 ceiling. That means USCIS, in effect, was forced to block 300,000 to 350,000 high-skilled foreign nationals from working in the United States in 2024 due to the annual limit under U.S. law.

Research by economist Britta Glennon concluded restrictions on H-1B visas result in more jobs leaving the United States. Economist Giovanni Peri and colleagues found that the H-1B annual limit has prevented employers from creating hundreds of thousands of jobs for U.S. workers, including by discouraging investment.

Since 2004, immigration reform bills have included liberalizing reforms for business immigration on H-1B visas and employment-based green cards. Those bills failed to become law. In some cases, it was due to disagreement over addressing the fate of individuals living in the country in unlawful status in comprehensive legislation.

During the Trump administration, new restrictions resulted in skyrocketing H-1B denial rates and many costly Requests for Evidence for companies until a legal settlement compelled Trump officials to end actions that judges found unlawful. A second Trump administration could enact those or other policies to restrict employer access to high-skilled foreign nationals.

While some have blamed “Congress” for the lack of additional immigration legislation, it is individual members who often prevent a bill from becoming law. In 2022, in what became the CHIPS and Science Act, the Democratic majority in the House passed a startup visa and an exemption from annual green card limits for foreign nationals with a Ph.D. in science and technology fields and those with a master’s degree “in a critical industry.” However, Sen. Charles Grassley (R-IA), then the ranking Republican on the Judiciary Committee, blocked the provisions from becoming law in a conference committee. In January 2025, Grassley is expected to resume his position as chair of the Senate Judiciary Committee.