What happened?
On Tuesday, November 5th, 2024, Donald Trump was elected President of the United States of America. He will be officially inaugurated into office on Monday, January 20th, 2025, after which he will be supported by a Republican Senate and a slight Republican majority in the House of Representatives.
Although we cannot yet say with certainty what initiatives the new government will enact, taking a glance at Trump’s last term serves as a useful guide for what to expect come January.
Key Changes To Expect
- H1-B Visas: USCIS is expected to take a stricter stance on H-1B petitions for entry-level or lower-paying positions. Startups, smaller entities, and founders may face more Requests for Evidence (RFEs) and heightened scrutiny. To stay ahead, we recommend that companies provide their immigration counsel with detailed and well-defined H-1B job descriptions to proactively address potential concerns.
- B-2 Appointments After Layoffs: Currently, work visa holders are entitled to a 60-day grace period after being laid off. Under Biden, USCIS eased the process for these individuals to change to B-2 status in the interim before switching back to an H1-B once they were re-employed. While it would be difficult for Trump to remove the 60 days as it is enshrined in regulation, we can expect his administration to tighten this B-2 accommodation.
- H-4 EAD: This Obama-era regulation grants dependents of H1-B visa holders the right to work in the US. Although it has survived several court battles and attempts at withdrawal since its inception, it is likely the Trump Administration will once again try to have it rescinded.
- F-1 Visas: During the last Trump Administration, the government attempted to enact several policies designed to restrict F-1 visas for international students. Based on this, it is highly probable they will renew these efforts once he is inaugurated. One of the areas they are predicted to target is the current 24-month extension granted to STEM students completing optional practical training post-graduation (OPTs).
- STEM Centered Policy: For the past four years, the Biden Administration has solidified the position of immigrants in tech through executive orders on AI, spurring STEM innovations as a favorable factor for NIW applications, making accommodations for founders of start-ups under H1-B visas, and more. Despite looking favorably upon crypto and AI, however, the Trump Administration is unlikely to view immigrants as integral to advancing those fields.
- Travel: Visa holders should strongly consider returning to the U.S. before January 20, the day of the presidential transition, to avoid potential travel and re-entry complications. Historically, transitions in administration—particularly when there is a significant shift in immigration policy priorities—can lead to sudden policy changes or stricter enforcement at the border. Given the Trump administration’s stated focus on tightening immigration controls, including possible executive orders that could impact visa processing or entry rules, being physically present in the U.S. before the inauguration can help ensure uninterrupted access to work, studies, or life plans. Returning early is a proactive step to mitigate the risks of unexpected travel restrictions.
As can be seen, under Donald Trump’s Administration several aspects of business immigration will become more difficult to navigate. H1-B extensions will become more complex, document stamping more tedious, more interviews will be required for green cards, and processing times will increase as staffing is reduced. Although many powerful tech leaders both support Trump and have a vested interest in coherent business immigration strategies, their effect on policy will contend with that of Trump’s chief immigration policymaker, Stephen Miller, who believes in restricting immigration across the board.
Please feel free to reach out to us with any questions at info@vanguardvisalaw.com.
