Anticipated Business Immigration in a Second Trump Administration

Once President-Elect Trump is inaugurated on January 20, 2025, we anticipate that employers and foreign nationals will face greater challenges throughout the immigration process. The President-Elect is expected to articulate his detailed plans for immigration and the leadership of the U.S. immigration agencies in the coming weeks. The following are answers to some preliminary questions about the immigration outlook for his second term.

Trump Administration Priorities for Employment-based Immigration

President-Elect Trump is expected to initiate sweeping changes to the U.S. immigration system. He has indicated that his Administration will focus on immigration enforcement, scrutiny of foreign nationals and their employers, “Hire American” policies that limit access to foreign talent, and sweeping deportation initiatives aimed at undocumented individuals. In his last administration, President-Elect Trump instituted numerous measures to curtail business immigration including: a travel ban on Muslim countries, increased scrutiny for visa issuance at consular posts, mandatory interviews for all employment-based adjustment of status petitions, an end USCIS deference to prior petition approvals, and increased public charge restrictions.

Some of President-Elect Trump’s policies can be implemented quickly, through presidential executive orders and proclamations, and through rapid changes to policies at the Departments of Homeland Security, State, and Labor. Some changes could take effect as soon as Inauguration Day and within the first weeks and months of President Trump’s second term. These could include strict entry restrictions, immediate implementation of “extreme vetting” policies, and suspension of Biden-era initiatives, including some humanitarian programs and pro-STEM immigration policies. Many of these initiatives are likely to be challenged in court, though recent decisions of the U.S. Supreme Court afford presidents greater leeway in the regulatory process.

Travel Ban

President-Elect Trump has said that he will bring back travel bans similar to those that he imposed during the opening weeks of his first administration. Though neither the President-Elect nor his advisors have specified the scope of a future travel ban, individuals who were born in or are citizens of the following countries were subject to certain travel bans during President-Elect Trump’s first Administration and could be subject to some form of entry restrictions in his new Administration: Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. President-Elect Trump has indicated he would consider restrictions against entrants from other countries as well.

Reinstating entry restrictions has been a consistent theme during the Trump campaign. President-Elect Trump could seek to impose a new travel ban as soon as Inauguration Day, January 20, 2025, though exact timing is not yet known.

Extreme Vetting

An extreme vetting policy will likely mean more intensive biometrics requirements, background checks, and security screenings for foreign nationals at each stage of the immigration process, from petitions and applications for immigration benefits at USCIS (including extensions of stay), to visa applications at U.S. consulates abroad and inspections at U.S. borders and ports of entry.

At a minimum, extreme vetting will mean longer waits for visas, entry, and immigration benefits approvals, which can delay an individual’s ability to travel to the United States and to begin work, reenter the United States, and resume employment. It may also result in a higher rate of denials of immigration benefits applications and refusals of entry to the United States.

Processing and Adjudication of Employment-Based Immigration Applications

Employers and sponsored foreign nationals are likely to see tougher requirements, more administrative hurdles, and significant slowdowns in case processing in the second Trump Administration. Advisors to President-Elect Trump have developed detailed plans to restrict legal immigration and to give priority to American workers. These restrictions could come in many forms, both substantive and procedural.

Though some restrictions would require regulations – which are subject to a lengthy approval process – others could be implemented very quickly, through the issuance of administrative guidance or the rescission of existing guidance.

Impacts on Humanitarian Immigration Programs

President-Elect Trump and his advisors have discussed terminating DACA, declining to renew Temporary Protected Status (TPS) designations, and ending certain humanitarian parole programs. It is expected that the U.S. Supreme Court will strike down the DACA program in the coming year. Though terminations of TPS designations and humanitarian parole programs are likely to be challenged in court, the impact of such lawsuits cannot be predicted.

Some foreign nationals who currently benefit from humanitarian programs may be eligible for nonimmigrant or green-card sponsorship. However, their eligibility must be carefully considered, and the risks of these filings must be weighed before they are pursued.

Tougher Enforcement and Compliance

Immigration enforcement has been robust during the Biden Administration. Yet President-Elect Trump has promised more extensive enforcement during his second term. This is likely to include:

• More audits of employers’ Form I-9 employment eligibility verification practices;
• Broader inspections by USCIS’s Fraud Detection and National Security (FDNS) division;
• More Department of Labor audits and investigations of labor certification and labor condition application (LCA) compliance; and
• Continued Department of Justice focus on discrimination against U.S. workers.

Employers should take a proactive stance on immigration compliance and consider internal audits of their practices to minimize the risks of violations and penalties.

How to Prepare for the Second Trump Administration

The President-Elect is expected to articulate his detailed plans for immigration and the leadership of the U.S. immigration agencies in the coming weeks. As more information is released, we will keep you informed about the anticipated impact of his policies. We currently have the following recommendations:

• Employees on non-immigrant visas who were born in or are citizens of the following countries should not make international travel arrangements that involve being outside of the U.S. on January 20, 2025: Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
• Employees should anticipate delays for visa issuance when traveling abroad starting January 2025.
• Employees who are currently in the U.S. on DACA or TPS may lose their status and employment authorization.
• USCIS processing times and petition denials are anticipated to increase.

Please know that regardless of our country’s administration or political affiliations, we will stand together with you to support our immigrant employees and clients.