With the results of the U.S. presidential election now decided, we know that we are heading into a second Trump administration. Details on what this will look like exactly are limited, however based on what has been put forth by the Trump campaign and what we saw during the previous Trump administration we do know that there will be some change.
Building on from our previous release, planning and preparing for these changes now is critical.
During the previous administration we helped clients successfully navigate what felt likely a constantly shifting immigration landscape in the U.S. We are here for you and will make sure that our clients have the strategy, information, and support that they need to help with their immigration status, their immigration programs, and their futures here in the United States. There may be challenges, but employment based immigration is a critical part of the U.S. economy and we will be here with you to navigate any changes that may come.
Check out Graham Adair’s recent video
What can we expect in employment based immigration?
- Delays and Additional Scrutiny: During the previous Trump administration employment based applications were subjected to heightened scrutiny and there was a significant rise in the number of Requests for Evidence that were issued on applications. Additionally, there was a significant increase in the time it took for petitions to be adjudicated.
- Student Visas: We anticipate that there will be additional scrutiny applied to Student Visa applications and that combined with potentially longer wait times at embassies and consulates could be a problem for individuals coming to the U.S. on F-1 status.
- Visa Applications at Consulates: It is likely that the wait times at consulates will go up both for new appointments and for visa issuance after appointments. As additional scrutiny is applied to cases it will take longer for visas to be issued. Additional scrutiny also brings an increased risk of denials.
What can you do to prepare now?
- Prepare to file for visas, status, and extensions as early as possible: Advanced planning and getting applications in on the first day possible is highly advised. This has been a consistent practice of our with clients but this will also extend to travel planning and visa appointments as well.
- International Travel: If you need to get a new visa before returning to the U.S. you will want to build in time and monitor the situation closely prior to travel. We do not want you to travel and get stuck.
- Sign up for our immigration updates: Stay informed of what is happening in immigration law, especially as it relates to employment based immigration.
- Consult with your immigration attorney: If you are planning travel or changes to your employment, you should discuss this with your immigration attorney to make sure that you have the full picture. Your immigration case is being handled by a team of skilled professionals and not software or AI. We are here to talk with you.
The road ahead may be challenging, we will do all that we can to mitigate those challenges. For further information on this topic and more, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.