With a new administration taking office, foreign nationals and businesses relying on skilled immigration may be wondering how immigration policies could shift and what those changes might mean for their future. While many aspects of U.S. immigration policy remain under review, some likely trends are beginning to emerge. Here’s a breakdown of the changes business immigration stakeholders might expect and how to prepare.
Heightened Scrutiny on H-1B Program
The H-1B visa, used by companies to bring highly skilled foreign workers into the U.S., has been a frequent target of regulatory scrutiny. Under the new administration, H-1B sponsors should prepare for increased requests for evidence (RFEs), denials, and site visits. Employers, especially those in IT consultancy roles, could face additional pressure when placing H-1B employees at third-party client locations. Detailed documentation will be required to demonstrate a clear employer-employee relationship and specialty occupation status, including a precise itinerary and task outline for each assignment.
Tighter Regulations on the L-1 Visa Program
The L-1 visa allows multinational companies to transfer employees from foreign offices to the U.S., but it has often been scrutinized for misuse. Employers might experience increased RFEs, and site visits will likely be more common to confirm job duties, salary, and other conditions of employment.
Increased Audits Under the PERM Program
PERM labor certifications, which are a vital part of the employment-based green card process, may see more audits under the new administration. Additionally, if budget cuts reduce the Department of Labor’s resources, processing times for employment-based green cards could extend even further, exacerbating existing delays.
Stricter Scrutiny on F-1 Students and CPT Programs
F-1 students using Curricular Practical Training (CPT) to gain work experience in the U.S. could face more restrictions, especially those attending institutions known as “CPT schools,” which grant work authorization from the beginning of the program. Consulates may increase the number of 221(g) requests for these students, placing additional pressure on F-1 visa holders.
Higher Standards for National Interest Waivers (NIW) and EB-1A Visas
National Interest Waiver (NIW) and EB-1A applications have already seen a high rate of RFEs, and this trend may continue or increase. These visas, often pursued by highly skilled professionals, may come under more scrutiny as the administration evaluates their benefit to the U.S. workforce.
Reassessment of Work Authorizations by Executive Order
The fate of certain work authorizations, like the H-4 EAD and STEM OPT EAD, could be affected, as these were established by executive order. While immediate changes may not occur, any policy change here could disrupt the plans of many foreign nationals.
Potential for Reinstated Biometrics Requirements
There is speculation that the new administration may reinstate biometrics requirements for H-4 dependents, a policy removed to ease processing delays. Bringing it back could mean increased wait times and additional documentation needs for families.
Tougher Entry Requirements and Restrictions Based on Country of Origin
The new administration may seek stricter entry requirements for foreign nationals from specific countries or regions, similar to the travel ban instated in 2017 and 2020. This could mean added delays at the border, additional documentation checks, and longer processing times.
Preparation Tips for a New Administration
Given the potential policy changes ahead, here are some strategic ways for immigrants and businesses to stay prepared:
Stay on Top of Deadlines: Start all applications and renewals as early as possible, especially for visas and work authorizations that may face processing delays or renewed biometrics requirements.
Maintain Thorough Records: Keep an organized file of all immigration-related documentation, including job descriptions, evidence of employment relationships, itineraries, and academic records. Detailed, clear records can help minimize delays and bolster your application’s success.
Regularly Consult with an Immigration Attorney: Immigration policies may shift frequently, and an attorney can help ensure you’re up-to-date on new developments, compliance requirements, and potential obstacles.
Use Reliable Resources: Stay informed about potential changes from trusted sources like USCIS, the Department of Labor, and your attorney. Misinformation can lead to costly errors, so relying on accurate updates is essential.
Plan for the Long Term: If you’re pursuing a green card, understand that extended processing times may require patience and flexibility. Prepare for this and take any early steps possible, like saving documentation for future use in your application.
While the road ahead might present more challenges, with careful preparation and an informed approach, foreign nationals and their employers can navigate these changes with greater confidence and resilience.
Funmi Oke
