How the Second Trump Administration Could Impact Business Immigration

During President Trump’s first tenure in the Presidency, immigration services in the United States and consular services were dramatically changed. Stephen Miller, President Trump’s designate for Immigration oversight, caused immediate impact. Much of what Immigration Attorneys had come to expect regarding processing and outcomes changed for the negative.

????????????????? When the second Trump administration takes office next January, we should expect the same heavy handedness we saw in his first administration. However, I would expect to see some refinements or targeted strategies. Trump has promised to both “secure the southern border” and to “deport or remove” all “illegal immigrants” in the United States. Without going into much detail – securing the border might be easier than removing all “illegal immigrants” in the country.

????????????????? Business immigration will become more difficult to obtain expected results. We will see changes in which professional categories will be H1B eligible. Currently, in many instances, a professional position that requires at least a bachelor’s level of education will be eligible for the H1B category. I would expect to see a realignment in which professional positions qualify for the H1B non-immigrant category. ?Previously, the hi-tech and information technology professions were hit hard by the changes in H1B qualifications. Engineering professions were also targeted by the immigration service. Reviewing officers focused on the breadth of major fields that could qualify for a professional role. The more majors that could qualify for professional position, the greater the likelihood of receiving a request for evidence. The net result was a jump in the denial rates of H1B’s. Under the Trump administration, denial rates jumped by almost five times, 15% from about 3%.

????????????????? We should also expect that L1 cases will be subjected to a higher level of scrutiny. The immigration officers will be second guessing every aspect of a filing. Again, we should expect an increase in complex RFE’s for petitions.

????????????????? The net effect of a new Trump administration will be an increase in the number and complexity of RFE’s. I would also expect an uptick in the amount of litigation carried out against the Department of Homeland Security. The best short-term course of action will be to file petitions before the end of the year using premium processing when possible. This would include extension petitions, because the first Trump administration did not respect the decisions of previous filings. I recall many people who were shocked to find out that a H1B extension petition for a role that may have been held for a decade or more was denied. The level of uncertainty and anxiety that hit many foreign nationals during this period was unprecedented. ?The best way to prepare for the changes is to file eligible petitions before the end of the year. Ones that cannot be filed before the end of the year, should be reviewed with a higher level of scrutiny to anticipate potential challenges.