Immigration Outlook Under Trump Administration

Per the National Law Review, it is expected that President Trump will act (and IS acting) quickly in the following areas through executive orders and policy directives: 

• Reinstatement of USCIS adjudication practices that resulted in increased denials, including the end of deference to prior decisions and expanded discretion in the denial of a petition or application without first requesting clarifying evidence. 

• Termination of certain humanitarian-based programs, including Temporary Protected Status (TPS) and parole programs for Cuba, Haiti, Nicaragua, and Venezuela. The continued status of Deferred Action for Childhood Arrivals (DACA) is uncertain. 

• Increased I-9 audits, worksite investigations, and site visits to verify H-1B and L-1 petition terms. 

• Travel restrictions and extreme vetting in visa interviews. 

Further, as his term progresses, President Trump is anticipated to enact additional changes to employment-based immigration, which may include: 

• Changes to the H-1B program, such as re-defining “specialty occupation,” increasing wage requirements, and prioritizing H-1B cap registrations based on compensation levels. 

• Restrictions on Optional Practical Training (OPT) currently available to F-1 students engaged in a U.S. program of study. 

• Termination of individual work authorization programs, such as Employment Authorization Documents for certain H-4 spouses. 

• Expanded tariffs. 

These changes and follow-ons may make it more difficult for employers to justify immigrant workers, potentially including sourcing, higher compensation requirements, and more program restrictions.