On January 20, 2025, the Trump Administration issued multiple immigration-related Executive Orders (EOs) that signal a shift in U.S. immigration policy. These EOs focus on border security, rolling back humanitarian programs, increased vetting of visa applicants, and a controversial attempt to end birthright citizenship. In addition, several Biden-era executive orders were rescinded, creating significant uncertainty for employers who rely on foreign national talent. Below, we analyze the key impacts of these changes on employment-based immigration.
Rescission of Prior Executive Orders
Several Biden-era EOs that streamlined employment-based immigration processes have been rescinded:
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Streamlining Immigration Processes: A rescinded EO had prompted U.S. Citizenship and Immigration Services (USCIS) to expedite adjudications, reduce requests for evidence (RFEs), and extend the validity of Employment Authorization Documents (EADs). With this EO overturned, employers may face longer processing times and increased bureaucratic hurdles.
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Advancing STEM and AI Talent: Another rescinded EO emphasized the importance of artificial intelligence and sought to attract global STEM talent by leveraging existing visa categories, such as O-1A (extraordinary ability) and EB-2 (national interest waiver). Updates to the J-1 skills list were also tied to this initiative. The rescission signals a potential rollback of these enhancements, impacting U.S. competitiveness in critical sectors.
Although these rescissions do not change existing regulations, they indicate a return to the Trump Administration's previous approach, which emphasized stricter immigration controls and often resulted in processing delays and inefficiencies.
Increased Vetting of Visa Applicants
A new EO reinstates the emphasis on "increased vetting," which characterized the first Trump Administration. Enhanced security measures for visa applicants and individuals seeking immigration benefits are expected, including:
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Additional security questions on applications.
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Lengthened processing times due to in-depth background checks (administrative processing).
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Potential travel bans targeting countries deemed security risks.
Employers sponsoring foreign talent should anticipate delays and prepare for potential RFEs or denials. Additionally, agencies have been directed to identify countries for which admission may be suspended, echoing the travel bans of 2017.
Attempt to End Birthright Citizenship
The EO titled “Protecting the Meaning and Value of American Citizenship” seeks to reinterpret the 14th Amendment, limiting birthright citizenship to children with at least one U.S. citizen or lawful permanent resident parent. If implemented, children born to individuals on temporary work visas, such as H-1B, would no longer qualify for automatic citizenship. This EO faces immediate legal challenges, as its alignment with constitutional law is highly contentious. Employers should monitor the outcome, as it may influence long-term strategies for foreign talent retention.
Other Notable Impacts
Additional EOs carry implications for employment authorization and humanitarian programs:
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Termination of Humanitarian Parole Programs: Programs such as the Cuba-Nicaragua-Haiti-Venezuela parole initiative are set to end, potentially impacting employees relying on these programs.
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Re-examination of Temporary Protected Status (TPS): TPS grants will be reviewed and potentially curtailed, affecting work eligibility for individuals from designated countries.
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Detention and Voluntary Departure: Policies encouraging voluntary departure and increased use of detention pending removal may create uncertainties for affected employees.
Administrative Challenges
Two administrative measures will indirectly affect immigration processes:
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Federal Hiring Freeze: The freeze prevents backfilling roles vacated by departing USCIS officers, leading to reduced adjudication capacity and longer processing times.
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Return to Office for Federal Employees: Many USCIS officers have been working remotely since the pandemic. The directive to return to the office may result in attrition, further straining agency resources.
Preparing for the Evolving Landscape
These policy changes underscore the need for employers to proactively adapt to a more restrictive and complex immigration environment. Employers should:
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Anticipate delays and plan for extended processing times.
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Monitor developments related to increased vetting and travel bans.
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Stay informed about legal challenges to the birthright citizenship EO and other policy shifts.
To navigate these changes, Saluja Law will continue to provide updates and insights.