Impact of Second Trump Administration on Immigration

The incoming Trump administration will make life difficult for immigrants. We don’t know yet what approach the second Trump administration will take to restrict immigration, but we know that restrictions are coming. Using his past administration as a guide, we can expect that key legal standards will be interpreted restrictively and that the administrative agencies will be tasked with making it harder to get visas and green cards.

The last Trump administration implemented a series of policies that significantly curbed legal immigration, primarily through executive orders, stricter enforcement and more narrow interpretation of existing rules. These actions affected family-based immigration, employment-based visas and USCIS petitions, and humanitarian programs. Here’s an overview of key changes from Trump’s prior term in office, that we are likely to see re-implemented:

1. Employment-Based Visa Restrictions

● H-1B Visa Restrictions: The administration announced new rules that raised the prevailing wage obligations for H-1B, H-1B1, E-3 visas and PERMs, and limited eligibility for certain occupations. The first Trump administration’s attempts to significantly increase the minimum salaries for these work visa and PERM programs were blocked in federal court and then deprioritized under Biden.
● Suspension of Work Visas: In 2020, an executive order temporarily suspended consular issuance of new H-1B, L-1, H-2B, and certain J-1 visas in response to COVID-19. It is not yet clear if similar restrictions on visa issuance will again be mandated.
● Increased Scrutiny: The administration rescinded USCIS’s longstanding policy to give deference to prior approvals in extension of status petitions, and instead required officers to review extension petitions as if they were completely new. The administration also increased the scrutiny of work visa applications, leading to more Requests for Evidence (RFEs) and denials for employment-based visas. This included a policy to emphasize “Buy American, Hire American.”

2. Public Charge Rule

● Expansion of Public Charge: The administration broadened the “public charge” rule, allowing immigration officers to deny green cards and visas to applicants who might use public benefits like Medicaid, food stamps, or housing assistance.

3. Family-Based Immigration Limits

● Restrictions on Family Visas: The administration reduced the issuance of family-based visas by implementing stricter vetting procedures and instituting delays. Additionally, the public charge rule applied to family-based immigration, limiting applications for those deemed at risk of becoming dependent on public aid.
● Travel Bans: Expanded travel bans on certain countries with predominantly Muslim populations and others (such as Nigeria and Myanmar) restricted family reunification for individuals from these countries, preventing relatives of U.S. citizens and permanent residents from joining them.

4. DACA and TPS Restrictions

● DACA (Deferred Action for Childhood Arrivals): The administration attempted to end DACA, an Obama-era program providing work authorization and protection from deportation to individuals brought to the U.S. as children. Although blocked by the courts, these actions created uncertainty and limited new applications.
● Termination of TPS (Temporary Protected Status): The administration sought to end TPS for hundreds of thousands of individuals from countries affected by war or natural disaster, including El Salvador, Haiti, Nicaragua, and Sudan. While blocked by the courts, this move caused significant legal battles and uncertainty for TPS holders.

5. Increased Barriers and Bureaucracy

● Extended Processing Times and Backlogs: Due to policy and staffing changes, processing times for visas, work permits, and green cards increased dramatically. Requirements for in-person interviews for employment-based green card applicants and some family-based applications slowed the process.
● Fee Increases: The administration attempted to increase fees for various immigration applications, including asylum applications, making it more costly for immigrants to access legal pathways.
● Longer Processing Delays for Concurrently Filed Dependent Applications: The administration required biometrics for all Form I-539 applicants, including H-4 applicants, which reversed USCIS’s practice of bundling adjudication of H-4 and H-4 EAD applications that were concurrently filed with H-1B petitions. This created long processing delays and led a group of H-4 and L-2 visa holders to sue the U.S. Department of Homeland Security. The parties in this lawsuit, Edakunni v. Mayorkas, reached a settlement in January 2023, in which USCIS agreed to once again bundle the adjudication of H-4 and H-4 EAD applications with concurrently filed H-1B petitions. This settlement agreement is set to expire on January 18, 2025, and is unlikely to be renewed under a second Trump administration.

6. Limits on Refugee Admissions

● Drastic Reduction of Refugee Admissions: The administration significantly lowered the annual refugee admissions cap, reaching a historic low of 15,000 in 2021. This affected those seeking resettlement and humanitarian protection in the U.S.
● Increased Vetting for Refugees: Additional security screenings and vetting requirements were imposed on refugees, contributing to delays and lower admissions.

These policy changes collectively reduced legal immigration pathways and created numerous barriers for individuals seeking work-based visas, family reunification, and humanitarian protections in the United States.

Here is what we recommend you do now:

➢ If you do not currently have a valid nonimmigrant visa in your passport and expect needing to travel internationally at any point in the next 4 years, apply for your visa now. Visa appointment wait times are increasing. Start the visa application process as early as possible on the U.S. State Department’s CEAC website here.
➢ If you have a pending petition that was filed under regular processing but would qualify for premium processing and your budget permits, consider upgrading to premium processing.
➢ Be prepared for the possibility that DACA, TPS, STEM OPT, and H-4 EADs may disappear. Start considering other options.

McCown & Evans will issue updates to our clients as the Trump administration rolls out new immigration measures.

In the meantime, answers to many standard questions can be found in our prior emails to you, our approval packets, our M&E website “news,” your consulate’s website, or one of the many government agency websites (USCIS, DOL, CBP). Of course, we are always happy to hear from you and will answer your questions and concerns as quickly as possible.