Is the J-1 Visa Program In Trouble? The Future of J-1 visas for Hospitality Organizations

By Attorney Keith Pabian

Could the J-1 visa program be in jeopardy for hospitality organizations that use it to staff their properties? Rumors have been quietly swirling for months that President Trump may look to shutter the J-1 work and travel program, as well as the J-1 intern program. The Trump administration just moved closer to making this a reality.

Last week, an internal memorandum was circulated within the U.S. Department of State that, among many other actions, would terminate all educational and cultural programs administered by the State Department. In other words, if these cuts go into effect, the J-1 work and travel and J-1 intern programs would be eliminated.

With so many hospitality organizations using J-1 visa holders to hold seasonal jobs, we thought that it was time to bring this issue forward to allow you to understand what is happening at the State Department, and to provide you with the time to plan for how you would staff without J-1 visa holders. 

The memo was signed by Douglas Pitkin, Director of Budget and Planning at the State Department. It appears to have been written as a summary of top-line changes proposed for the State Department’s 2026 budget. The Washington Post wrote a thorough article on the memo and State Department’s ideas.  You can read the article here.

Importantly, the J-1 visa program cuts are far from certain at this time. The cuts have yet to be fully agreed upon within the Trump Administration and even then, would need to be approved by Congress. Additionally, Congress has a history of ignoring a president’s budget proposals and coming up with their own plan. 

However, we are very much not in a “normal” political time and as Politico wrote in its article yesterday, “the proposal sends a signal of the administration’s priorities.” Further, the administration has avoided going to Congress while taking numerous actions that would previously thought to have required Congressional approval. One such example is the effective dismantling of USAID, which drastically reduced foreign aid.

So, what should your property do?

With much still unknown, and with Congress likely needing to approve any cuts, nothing is imminent. However, we all have seen how quickly the Trump administration can move with its changes. While we encourage you not to panic, and to continue to utilize J-1 visa holders for the time being, now is the time to be looking at how you would staff positions where you currently rely upon J-1 visa holders. Are there alternative staffing models that you can take with American workers? Are there different recruiting methods that you can undertake that might find you more American workers?

If you cannot staff the roles with U.S. workers, we strongly encourage you to consider adding H-2B visa positions and/or increasing your H-2B numbers in positions that you are reliant upon J-1 visa workers. Where the H-2B visa program takes about 6 months from the start of the petition to your organization being approved for workers, you should be careful that you are considering your needs well in advance in the event that you are unable to staff with J-1 visa workers.

In short, now is the time to diversify your staffing for any roles where you are reliant upon J-1 visa workers. Especially if you need to add H-2B visa workers to protect your organization, delaying any decisions could lead you to being grossly understaffed if the Trump administration makes J-1 visas disappear. We strongly encourage you to reach out to us to further discuss and to strategize on how best to staff in the months ahead.

You can learn about Pabian Law at www.pabianlaw.com, by calling us at (617) 939-9444, and via email at [email protected].  This document is for educational purposes only.  Copyright 2025, Pabian Law, LLC. 

Author:

Keith Pabian
Founding Partner | Pabian Law
40 Speen Street, 4th Floor
Framingham, MA 01701
p 617.939.9444 f 508.626.1530
d 617.982.2544
[email protected]

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