With Trump’s return to the presidency, businesses and individuals should anticipate significant shifts in immigration policy, especially in the realm of employment-based immigration. Understanding these potential changes is essential for companies to navigate the uncertain landscape effectively.
During a recent webinar, our business immigration partner, Matthew Kolodziej, Esq., discussed key areas of concern, including stricter visa standards, heightened compliance requirements, and possible delays in processing times. He also outlined strategic steps businesses can take to mitigate risks, such as reviewing employee visa statuses, ensuring compliance with labor certifications, and preparing for increased scrutiny in filings.
In this article, we provide a detailed summary of these insights and actionable recommendations to help your company and employees adapt to the anticipated policy changes under the new administration. If you would like to discuss or work with us to develop a customized mobility plan, please feel free to contact us.
General Summary
Upon being elected, Trump appointed Tom Homan, an immigration hardliner, as the new “Border Tsar.” Based on Trump’s previous presidency and Homan’s intended policies, we anticipate the administration to implement more restrictive measures across all visa types. While some visas will be impacted more than others, in general, applicants should expect:
Increased Requests for Evidence (RFE)
Longer processing times
Stricter adjudication standards
During Trump’s last presidency, we successfully secured approvals for our clients by emphasizing thorough application preparation and meticulous responses to RFEs, a strategy we will continue to apply for all our clients.
A notable area of concern is work visa renewals. Previously routine renewals and extensions will likely face greater scrutiny under the new administration. Employers must ensure applications are well-prepared to address stricter standards. The USCIS is also expected to increase site visits, so employers should prepare for any potential compliance checks. Additionally, starting January 20th, employees traveling abroad may face more intensive questioning at consulates and U.S. borders.
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