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UNITED STATES – Impact of recent Executive Orders on employment-based immigration.
January 30, 2025
By: Elizabeth Kumbhari, Managing Partner, Go Global Immigration PLLC
On January 20 and 21, 2025, President Trump issued eight executive orders that could significantly impact U.S. immigration policies. These include measures aimed at border security, national safety, trade policy, and changes to citizenship and refugee admissions. This article focuses on the potential effects of these executive orders on employment-based immigration.
Key changes and implications.
1. Enhanced vetting and increased scrutiny.
The Executive Order on Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats mandates that the Department of Homeland Security (DHS) and the Department of State implement stricter visa vetting procedures. This is expected to lead to:
- Increased administrative processing and delays in visa issuance.
- A rise in Requests for Evidence (RFEs).
- Additional questioning for visa applicants from designated “high-risk” countries.
2. Citizenship and dependent visa requirements.
Under the Executive Order on Protecting the Meaning and Value of American Citizenship, if the policy remains unchallenged in the courts, significant changes will take effect on February 19, 2025:
- Children born in the US to nonimmigrant visa holders (B-1, B-2, E-3, E-2, H-1B, J-1, L-1, O-1, and TN) will no longer be automatically granted U.S. citizenship.
- Instead, these children may require a dependent visa based on their parents’ immigration status.
3. Trade policy and TN Visa considerations
The America First Trade Policy includes a review of the United States-Mexico-Canada Agreement (USMCA), which governs the TN visa program. Potential outcomes may include:
- Extended processing times for TN visa applicants.
- Increased scrutiny during visa interviews and application reviews.
Newland Chase insights.
These executive orders introduce significant changes to employment-based immigration policies. Increased vetting measures, citizenship restrictions for children of nonimmigrant visa holders, and potential trade policy revisions may lead to longer processing times, heightened scrutiny, and additional compliance requirements for foreign nationals and employers. Organizations and individuals affected by these changes should remain informed and consult immigration professionals to navigate these evolving regulations effectively.
Please reach out to your Newland Chase dedicated contact or submit an inquiry should you have any specific questions regarding this announcement.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.