In line with the 2025 Presidential Transition Project and other pronouncements, it is expected that the Trump Administration will most likely propose new initiatives and attempt to rescind and/or reverse many existing regulations and executive orders.

In anticipation of the immigration reforms that are being proposed for President Trump’s 2^nd Term, we are summarizing some of the most consequential policy proposals that would impact employers and their foreign national employees. This Client Alert offers only a summary of the proposed immigration reforms. There is no guarantee that any of these will become effective. Moreover, while certain initiatives may be enacted through executive orders and by policy changes by the Department of Homeland Security (“DHS”) and the Department of Labor (“DOL”), other measures are likely to face legal challenges.

Proposed Changes for Employment-Based and Related Visas

We can anticipate an increased emphasis on labor enforcement by DHS and DOL in terms of employer-based audits and more scrutiny of both immigrant and non-immigrant employment-based petitions. Set forth below is a list of possible significant changes:

• Delays in adjudication of and an increase in Requests for Evidence (RFEs”) of employment-based petitions
• Reducing the validity of employment authorization documents (EADs) and limiting the classes of individuals who are eligible for employment authorization in the U.S.; e.g., this could negatively impact spouses of L-1, E-1/E-2/E-3, and H-1B workers
• Ending all COVID flexibilities, including reliance on biometrics reuse
• Reinstituting the Public Charge Rule on adjustment of status applications
• Requiring interviews for all employment-based adjustment of status applications
• Creating a “merit-based immigration system that rewards high-skilled aliens”
• Transforming the H-1B program “into an elite program” through which employers may sponsor only the “top foreign workers at the highest wages”
• Requiring the Department of Labor to “eliminate” two (of four) lowest wage levels for foreign workers” which may not only impact H-1B petitions, but also H-1B1 and E-3 petitions, as well as Prevailing Wage Determinations for PERM Labor Certification Applications
• Permanently requiring employers’ mandatory use of E-Verify
• Reinstatement of travel bans targeting specific countries and enhanced screening procedures at U.S. ports of entry
• Increasing USCIS filing fees across the board by at least 10% for all applications and petitions for immigration benefits
• Where USCIS is experiencing a backlog in specific applications.
• Applicants whose applications are rejected for any benefit or status adjudication will be required to leave the U.S. immediately
• USCIS will pause the intake of applications in a benefits category when backlogs in that category become excessive.
• Once USCIS can resolve its caseload to a “manageable number, application intake should resume”

Proposed Changes for Family-Based, Humanitarian-Based and Related Visas

• Eliminating T and U visa categories
• Eliminating the Diversity Lottery Program
• Eliminating TPS designations
• Eliminating humanitarian immigration including DACA and parole for citizens of Afghanistan, Ukraine and Venezuela
• Eliminating family-based immigration except classifications that focus on “the nuclear family”
• Reinstituting the Public Charge Rule
• Requiring interviews for all appropriate cases which may also include family-based adjustment of status applications

Conclusion

With less than two months before the new presidential term begins, it has become increasingly important to prepare for these proposed policy changes and reforms to our immigration system which would have a significant impact on employers, their foreign national employees and their families. By understanding how the immigration landscape may change, employers and their foreign national employees can be proactive in creating their short- and long-term immigration goals.

The Immigration Law Group at Meyner and Landis understands how much anxiety these proposed changes may cause. In order to provide as much assistance and reassurance as possible, we will be providing more details on proposed changes as they become more definitive and as they come into clearer focus in connection with how they may affect employers and foreign nationals. 

 For further information, please contact:

Anthony F. Siliato | Scott R. Malyk | Lin R. Walker | Stacey A. Simon

Meyner and Landis LLP

One Gateway Center, Suite 2500, Newark, New Jersey 07102

Asiliato@meyner.com | Smalyk@meyner.com | Lwalker@meyner.com | Ssimon@meyner.com

Disclaimer: The information contained herein is intended only for informational purposes and is not a substitute for legal advice. Further, reading this Client Alert in no way establishes an attorney/client relationship between you and Meyner and Landis LLP. Readers should consult legal counsel for definitive advice regarding the current law and regulations and how those apply to your unique situation within your organization.