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GENERAL
What are the current Executive Orders on immigration?
On its first day in office, the Trump administration published 46 executive orders dealing with a broad range of issues, several of which were aimed directly at changing the immigration laws.
You can read our full summary of the orders impacting business immigration at: https://www.mvalaw.com/newsletter-237.
Can I expect longer USCIS processing times?
The Trump administration has clearly stated that immigration enforcement is a top priority and has taken steps to redirect resources toward enforcement and security measures. This will very likely result in longer processing times for all applications filed with USCIS.
What do I need to always carry with me to establish my authorization to be in the U.S.?
If you are confronted by Immigration & Customs Enforcement (ICE) on the interior of the U.S., you should present at least one of the following documents as applicable to you: valid I-94 admission record, Green Card, Employment Authorization Document, valid Border Crossing Card, or an entry stamp issued by Customs and Border Protection.
Are children born in the U.S., U.S. citizens?
Birthright citizenship is enshrined in the 14th Amendment to the Constitution. One of President Trump’s Day 1 Executive Orders attempted to change this 250-year history of citizenship by birth. There is currently a nationwide preliminary injunction preventing the order from being enforced. We expect continued litigation over this order and that eventually the question will be decided by the U.S. Supreme Court. For now, children born in the U.S. are deemed U.S. citizens at birth.
TRAVEL
I am in the U.S., do I have to leave the country to renew my visa?
If you must travel abroad and you do not have a valid visa stamp in your passport, you will be required to appear at a U.S. Embassy in your home country (with limited exception) for visa stamping. Under this administration, you should be prepared for extended wait times for appointments, potential delays in visa issuance due to enhancing screening procedures and administrative processing.
It is important to note that a valid visa stamp is only required for admission to the U.S. You are not required to maintain a valid visa stamp in your passport while in the U.S. However, you are required to have valid status to lawfully remain in the U.S. Thus, if your visa stamp has expired but you have valid status, you are not required to depart the U.S. and go get a new visa stamp in your passport.
Will there be another travel ban?
The administration is expected to issue a partial or full “travel ban,” restricting entry to the United States by citizens from certain designated high-risk countries. The Administration has not yet published the list of countries that might be covered under a new travel ban but we expect that list to be forthcoming in mid to late March if not sooner.
Even though travel bans are not in effect currently, the new administration’s intensive border and national security focus means that travelers can expect to see tougher scrutiny almost immediately during every phase of their immigration process.
NONIMMIGRANT VISAS
With the current trade negotiations between Canada and Mexico, should I be worried about my TN status?
The current diplomatic relations between the U.S., Canada, and Mexico are being tested due to the threated tariffs on imported goods from Canada and Mexico. It’s possible that these tariffs, if levied, could impact the future of the TN as the tariffs would violate the current United States-Canada-Mexico Agreement (USMCA). Additionally, the “America First Trade Policy” executive order directed a sweeping review of the USMCA. The review could result is in policy shifts affecting eligibility criteria for TN professionals.
Individuals on TN status should contact immigration@mvalaw.com to discuss their options.
Is this Trump administration going to be more favorable toward H-1B visas?
Prior to taking office, President Trump publicly came out in favor H-1B visas. This not something he had ever previously done. It could be a signal that this administration will be more favorable to H-1B visas but so far there has been nothing directly from the White House vis-a-vie executive order or otherwise which clearly states that H-1B visas are going to be positively impacted by this administration.
As a reminder, the registration for the H-1B lottery takes place during the first two weeks in March and the lottery takes place during the second two weeks in March. To be entered into the lottery, a registration must be timely and properly completed. All new H-1B’s are subject to the lottery selection process.
Will dependent work authorization for H-4’s be rescinded?
The Trump administration has indicated it is considering eliminating the H-4 Employment Authorization Document (EAD) program. During his first term, the Trump administration attempted to eliminate the program as part of its “Buy American, Hire American” initiative but the effort was not successful. The H-4 EAD program was created by executive action so it can be rescinded by executive action. With the current Republican controlled Congress, it is also possible that the program is eliminated through legislation.
IMMIGRANT VISAS
Can I file for a Green Card still? What will happen to my pending Green Card?
Nothing in the current executive orders is specifically directed at pending Green Card applications. Additionally, there is no current indication from the Trump administration that pending Green Card applications are an immigration priority. There is a level of unpredictability with the Trump administration though that warrants pursuing a Green Card now if you are not already in the process.
Are the Priority Dates going to retrogress even further?
There is no direct correlation between who the President of the United States is and whether the Priority Dates advance or retrogress.
The limit on immigrant visa numbers, established by Congress more than three decades ago, has long been insufficient to meet the demand for employment-based immigrant visas in every category. During the COVID-19 pandemic there was an influx of unused numbers from the family-based categories that were rolled over to the employment-based categories. Now, as the agencies rebuild normal operations following the COVID-19 pandemic, fewer unused family-based immigrant visa numbers are carrying over to increase the number of available employment-based immigrant visas. In the years ahead, once there are no more unused family-based numbers, the annual number of available employment-based immigrant visas should return to 140,000.
Thus, barring a change to the laws or an unexpected reduction in foreign nationals seeking employment-based immigrant visas, foreign nationals from all countries can expect to see continued retrogression of the employment-based immigrant visa categories.
HUMANITARIAN
Will my TPS status be affected?
The Department of Homeland Security has terminated the 2023 TPS designation for Venezuelan nationals. This termination is effective April 7, 2025. After April 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela designation will no longer have TPS. This termination determination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until September 10, 2025, or to individuals who are registered for TPS under the 2021 designation.
I have been granted asylum status, will my status remain in effect?
While the Trump administration is moving to prohibit migrants at the southern border from claiming asylum, there is no present impact to those who are already present in the country pending asylum or who have been granted asylum. Those who have been granted asylum are eligible to file for their green card as soon as they have been in asylum status for one year, so we recommend that applicants file for the green card as soon as they are eligible. Additionally, exploring any other status options, including work-authorized nonimmigrant or immigrant pathways is recommended in the event there are further moves by this administration to limit or revoke asylum.
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