Frequently Asked Questions about Business Immigration During the Upcoming Trump Administration

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Hodgson Russ Immigration Alert

With just about one month until President Trump is inaugurated for a second term, there are numerous questions regarding business immigration in the United States.

What do we expect on day one?

As of now the focus appears to be on stricter control on undocumented immigration. For business visa status holders, it will become increasingly critical to verify your I-94 after every admission to the United States to make sure: 1) you have been admitted in the correct status; and 2) you know exactly when your I-94 expires.

What occurred during President Trump’s first term?

During the Trump administration we saw:

  • Longer processing times
  • Attempts at raising fees and wage requirements
  • Removal of deference to previous applications
  • Increased requests for evidence
  • Travel bans, particularly for nationals of Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen
  • Increased restrictions on those who served in certain branches of the Iranian military
  • New policies that took a more restrictive view of regulations
  • Lengthy additions to immigration forms, particularly concerning public charge rules
  • Proposed regulations to restrict H-1B status
  • Non-concurrent adjudication of H-4s and H-1Bs
  • Increased visa delays and administrative processing
  • Increased USCIS interviews for permanent residence (adjustment of status) candidates

What do we expect in the next administration for business immigration?

At this point, it is difficult to predict what the priorities will be. Certain portions of the new administration have favorable views of business immigration, while others prefer more restrictions. Additionally, announcements often came unexpectedly during the first administration; there will very likely be unexpected changes no one foresees right now.

How can I prepare if it is unclear what to expect?

While we cannot know for certain what will happen over the next four years, there are certain strategies you can take to be in the best position:

  • Avoid unnecessary international travel, particularly if you are from a country that was subject to a travel ban during the first Trump administration (Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, or Yemen)
  • Avoid trips specifically for obtaining a new visa in your passport at a consulate abroad
  • Consider eligibility for more permanent statuses, such as permanent residence or U.S. Citizenship
  • File extensions as early as possible to account for potentially longer processing times
  • Consider whether back up options are available to you (e.g. an EAD while a green card is pending, or when you hold a non-immigrant derivative status)
  • Carefully monitor your I-94 to ensure you remain in lawful status (some I-94s are found at the bottom of your most recent I-797, others, if you traveled recently, are found here)
  • Review whether job changes, location changes, promotions, wage changes, corporate restructurings, or mergers are permissible under the relevant visa status before the changes happen

If you have any questions, please reach out to the attorneys in our Immigration Practice.

Disclaimer:

This client alert is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and other readers for educational purposes only. Nothing in this client alert should be construed as, or relied upon, as legal advice or as creating a lawyer-client relationship.

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