With a new administration taking office, foreign nationals and businesses relying on skilled
immigration may be wondering how immigration policies could shift and what those
changes might mean for their future. While many aspects of U.S. immigration policy remain
under review, some likely trends are beginning to emerge. Here’s a breakdown of the
changes business immigration stakeholders might expect and how to prepare.

Heightened Scrutiny on H-1B Program

The H-1B visa, used by companies to bring highly skilled foreign workers into the U.S., has
been a frequent target of regulatory scrutiny. Under the new administration, H-1B sponsors
should prepare for increased requests for evidence (RFEs), denials, and site visits.
Employers, especially those in IT consultancy roles, could face additional pressure when
placing H-1B employees at third-party client locations. Detailed documentation will be
required to demonstrate a clear employer-employee relationship and specialty occupation
status, including a precise itinerary and task outline for each assignment.

Tighter Regulations on the L-1 Visa Program

The L-1 visa allows multinational companies to transfer employees from foreign offices to
the U.S., but it has often been scrutinized for misuse. Employers might experience
increased RFEs, and site visits will likely be more common to confirm job duties, salary,
and other conditions of employment.

Increased Audits Under the PERM Program

PERM labor certifications, which are a vital part of the employment-based green card
process, may see more audits under the new administration. Additionally, if budget cuts
reduce the Department of Labor’s resources, processing times for employment-based
green cards could extend even further, exacerbating existing delays.

Stricter Scrutiny on F-1 Students and CPT Programs

F-1 students using Curricular Practical Training (CPT) to gain work experience in the U.S.
could face more restrictions, especially those attending institutions known as “CPT
schools,” which grant work authorization from the beginning of the program. Consulates
may increase the number of 221(g) requests for these students, placing additional pressure
on F-1 visa holders.

Higher Standards for National Interest Waivers (NIW) and EB-1A Visas

National Interest Waiver (NIW) and EB-1A applications have already seen a high rate of
RFEs, and this trend may continue or increase. These visas, often pursued by highly skilled
professionals, may come under more scrutiny as the administration evaluates their benefit
to the U.S. workforce.

Reassessment of Work Authorizations by Executive Order

The fate of certain work authorizations, like the H-4 EAD and STEM OPT EAD, could be
affected, as these were established by executive order. While immediate changes may not
occur, any policy change here could disrupt the plans of many foreign nationals.

Potential for Reinstated Biometrics Requirements

There is speculation that the new administration may reinstate biometrics requirements for
H-4 dependents, a policy removed to ease processing delays. Bringing it back could mean
increased wait times and additional documentation needs for families.

Tougher Entry Requirements and Restrictions Based on Country of Origin

The new administration may seek stricter entry requirements for foreign nationals from
specific countries or regions, similar to the travel ban instated in 2017 and 2020. This could
mean added delays at the border, additional documentation checks, and longer processing
times.

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Preparation Tips for a New Administration

Given the potential policy changes ahead, here are some strategic ways for immigrants and
businesses to stay prepared:

1. Stay on Top of Deadlines: Start all applications and renewals as early as possible,
   especially for visas and work authorizations that may face processing delays or
   renewed biometrics requirements.
2. Maintain Thorough Records: Keep an organized file of all immigration-related
   documentation, including job descriptions, evidence of employment relationships,
   itineraries, and academic records. Detailed, clear records can help minimize delays and
   bolster your application’s success.
3. Regularly Consult with an Immigration Attorney: Immigration policies may shift
   frequently, and an attorney can help ensure you’re up-to-date on new developments,
   compliance requirements, and potential obstacles.
4. Use Reliable Resources: Stay informed about potential changes from trusted sources
   like USCIS, the Department of Labor, and your attorney. Misinformation can lead to
   costly errors, so relying on accurate updates is essential.
5. Plan for the Long Term: If you’re pursuing a green card, understand that extended
   processing times may require patience and flexibility. Prepare for this and take any
   early steps possible, like saving documentation for future use in your application.

While the road ahead might present more challenges, with careful preparation and an
informed approach, foreign nationals and their employers can navigate these changes with
greater confidence and resilience.