With Donald Trump now confirmed as the President-elect, his administration is preparing to implement changes emphasizing stronger immigration control, lawful pathways, and secure borders. With probable control over the Senate and the potential for a Republican majority in the House, Trump’s ability to shape immigration policy will be significant. His return to the White House signals a new chapter in immigration policy, focusing on national security, economic impact, and controlled, legal entry.
Why?
In recent years, public opinion has evolved, with more Americans recognizing the need for a balanced and systematic immigration system. The influx of asylum-seekers and the strain on processing systems have exposed weaknesses in the current structure, leading to a stronger consensus on the importance of regulated borders and enforceable policies. Trump’s approach aligns with this growing sentiment, emphasizing the need for a secure border and lawful immigration channels while prioritizing deportation of individuals without legal status.
How?
With Trump returning to the White House, the House of Representatives plays a crucial role in making his immigration agenda a reality. Here’s why: the House controls the country’s budget, which includes funding for immigration enforcement and reforms. If Republicans gain a majority, they could pass bills like H.R. 2, which aims to tighten border security and regulate immigration more strictly, aligning with Trump’s goals.
However, there’s more to it. Even if the House backs these policies, any new legislation still has to make it through the Senate, where things get a bit trickier. The Senate has a rule—called the filibuster—that requires 60 votes to move most bills forward. This means that without bipartisan support, immigration bills can get stalled in the Senate, no matter what the House decides. In short, a Republican-controlled House would make it much easier to initiate and fund Trump’s immigration priorities, but working across the aisle in the Senate will be essential for any significant legislation to become law.
What?
Here’s a breakdown of what might come in the next four years.
1. Expedited Removal and Stronger Enforcement
Trump’s administration is expected to bring back and possibly expand expedited removal, making deportation a faster process for those who’ve entered the U.S. without authorization. By streamlining this process, the administration aims to prioritize lawful entry. If Republicans gain control of the House, they could secure funding to implement these measures efficiently, reinforcing the stance that immigration should be controlled and lawful.
2. Increased ICE Cooperation with Local Police
Trump’s policies may also expand partnerships between ICE and local law enforcement, focusing on individuals who are in the country unlawfully and especially those with criminal records. The message is clear: lawful behavior is a priority, and those seeking illegal avenues or criminal activities will face swift action.
3. Changes to Work Visas: Emphasis on High-Skill and Merit-Based Systems
H-1B Visas: Trump’s administration is likely to shift from the lottery system to a merit-based approach that prioritizes high-paying, skilled roles. Entry-level positions could become harder to secure, with priority given to highly skilled workers who earn competitive wages.
L-1 Visas: More rigorous checks, including site visits to verify company relations and specialized roles, are expected for L-1 visa holders. Only candidates with genuine, well-documented qualifications for specialized or managerial roles will be likely to qualify.
TN and E-2 Visas: TN visas, primarily for Canadian and Mexican professionals, may also see tighter eligibility requirements. E-2 visas, meanwhile, could come under closer scrutiny, with higher standards for the "substantiality" and legitimacy of funds.
· O visas and EB-1 visas, meant for individuals with extraordinary ability in various fields, could face higher standards. The criteria may be tightened, demanding greater proof of “national acclaim” and more extensive documentation to ensure only top-level achievers qualify.
4. Revocation of the Entrepreneur Parole Rule and Changes to Public Charge
Under a Trump administration, the Entrepreneur Parole rule, a provision allowing certain foreign entrepreneurs to start businesses in the U.S., is expected to be removed.
Additionally, the Public Charge rule may be reintroduced in a stricter form, focusing on self-sufficiency and financial responsibility for those seeking permanent residency.
5. Changes to PERM Labor Certification: What It Is and Why It Matters
PERM, or the Program Electronic Review Management, is a crucial step in the process for certain employment-based immigrant visas, particularly those under the EB-2 and EB-3 categories. The PERM process requires U.S. employers to demonstrate that they are unable to find a qualified U.S. worker for a specific role, ensuring that hiring a foreign national will not negatively impact U.S. workers. This involves advertising the job position, interviewing U.S. applicants, and documenting recruitment efforts, all under strict guidelines.
Under a Trump administration, we may see increased audits and supervised recruitment within the PERM process. This means employers could face more rigorous checks to confirm compliance, potentially resulting in longer processing times. The goal would be to ensure that foreign hires are essential and that U.S. workers are given first priority for these roles. For those applying for green cards through employment, understanding and navigating the PERM process may become even more critical in the coming years.
6. H-2B Program Adjustments: Changes to Temporary Work Visas
The H-2B visa program allows U.S. employers to bring foreign nationals to the United States for temporary, non-agricultural work, particularly in industries like hospitality, landscaping, and construction. Each year, there is a cap on the number of H-2B visas issued, and only nationals from certain countries are eligible to participate in the program.
Trump’s administration could make eligibility more restrictive, possibly by adjusting the list of eligible countries for the H-2B program or imposing additional requirements for employers seeking to hire H-2B workers. The program might also see stricter enforcement to ensure compliance with wage and working conditions, aligning with Trump’s focus on protecting American jobs and ensuring that temporary work visas serve the national interest without displacing U.S. workers.
7. Potential Fee Increases for Visa Applications
To cover the costs of a more robust immigration system, the Trump administration may consider another round of fee increases for various visa applications. This measure would help fund expedited processing and enhanced enforcement, reinforcing the goal of a fair but rigorous immigration process.
The Path Forward: Control and Compliance for Legal Immigration
As President-elect, Trump’s policies will likely reflect country’s core message: lawful immigration benefits the nation, and those who play by the rules will be prioritized. If you are committed to following legal channels, there is still ample opportunity within the system. Now is the time to secure your status, consider citizenship, and remain engaged with new policies that shape America’s future as a nation of lawful immigrants.
Recommendations for Green Card Holders
Consider Citizenship Now
If you’ve held a green card for many years, now is the time to consider applying for citizenship. The incoming Trump administration is expected to focus on enforcement and may introduce stricter measures. Securing citizenship can help protect your rights and ensure your place in the U.S., even as policies shift.
Stay Law-Abiding and Vigilant.
Now, more than ever, it’s essential to follow all laws closely. Avoid any actions that could jeopardize your status and be extra vigilant about staying on the right side of the law.
Honesty is Key.
Be truthful in all dealings related to your status. Inconsistent information can create serious complications under a stricter administration.
Act Promptly.
Don’t delay in addressing any steps related to your immigration status. Taking proactive steps now can help you stay ahead of potential changes.
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