Business Immigration Insights

Since taking office on January 20, 2025, President Donald Trump has issued dozens of Executive Orders (EOs), several of which, if implemented, will impact employers and sponsored employees who utilize legal temporary and permanent visa programs. EOs direct government agencies to implement policies and carry out directives that are within the authority of the President of the United States but cannot conflict with laws or regulations. Because of limited legislation and issuance of regulations in recent decades, EOs have become an increasingly effective tool by which Presidents can dramatically reshape immigration agency actions, leading to significant changes in how immigration applications and petitions are adjudicated and the admission of foreign workers into the United States.

President Trump’s first round of EOs would affect the processing of immigration petitions and applications before the US Citizenship and Immigration Services (USCIS), visa processing by the US Department of State (DOS), employers who rely on employee populations currently authorized to work under humanitarian programs such as Temporary Protected Status (TPS), and employers with employee populations comprised of undocumented individuals - regardless of whether or not employers are aware of their legal status.

Legal challenges to many of these EOs are underway or will occur in the coming days and weeks, which could delay or completely halt their implementation. We will continue updating our blog as developments occur and new EOs are issued.

President Trump’s EOs can be seen here. Below is a summary of the potential impact on business immigration.

Revocation of President Biden’s Orders Facilitating Processing of Petitions and Applications

President Trump immediately revoked Biden-era policies to streamline and facilitate USCIS’s adjudication of petitions and applications, resulting in:

• Restrictive criteria for expedited processing of petitions and applications;
• No longer issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in all cases before denying a petition or application;
• Removing special consideration of STEM and AI qualifications when adjudicating petitions such as O-1s and National Interest Waivers;
• Reinstatement of administrative barriers to processing of petitions and applications; and
• Return to Trump-era Public Charge standards for Adjustment of Status and Immigrant Visas through a rulemaking process.

President Trump’s order will lead to slower processing of petitions and applications by USCIS and an increase in RFEs, NOIDs, and denials.

Border Enforcement

A significant focus of President Trump’s campaign was to halt the entry of undocumented immigrants along the southern U.S. border and remove undocumented immigrants from the country. Several EOs direct government agencies to carry out these objectives, including more restrictive use of humanitarian programs, including TPS country designations, ultimately reducing the number of workers performing many essential jobs inside the United States. Employers will likely find it more challenging to meet labor needs as the population of low-skilled foreign workers decreases. Employers will increasingly experience disruptions to operations resulting from Immigration and Customs Enforcement (ICE) worksite raids and I-9 audits.

Birthright Citizenship

The Fourteenth Amendment to the Constitution guarantees citizenship to all persons born inside the United States, with limited exceptions carved out for children of diplomats. One of President Trump’s most controversial EOs seeks to limit birthright citizenship to children born in the United States on or after February 19, 2025, who have at least one parent who is a US Citizen or Lawful Permanent Resident. It is unclear what status children born to nonimmigrant visa holders in F-1, H-1B, L-1, TN, and other legal statuses would hold at birth. The order was immediately subject to numerous legal challenges by State Attorney Generals and others, and on January 23, 2025, this EO was blocked from implementation by a federal judge in Seattle who called the order “blatantly unconstitutional” after a Justice Department lawyer was unable to articulate a legal argument in court. This issue is anticipated to ultimately go to the U.S. Supreme Court for resolution.

America First Trade Policies

President Trump ordered an “America First” review of trade agreements between the United States and other nations, including the U.S.-Mexico-Canada Agreement (USMCA, formerly known as NAFTA), potentially increasing the standards and criteria for TN status, E visas, and H-1B1 and E-3 visas.

Reshaping the Federal Workforce

President Trump directed federal agencies to cancel remote work arrangements and order employees to return to in-office employment. He also ordered a hiring freeze among the federal administrative workforce. Because many USCIS adjudicators work remotely, some could leave the workforce instead of returning to the office. With a hiring freeze in place, this situation will likely lead to fewer adjudicators processing USCIS petitions and applications, leading to longer processing times and other delays.

Increased Vetting and Travel Bans

President Trump ordered the DOS and other agencies to implement enhanced vetting of all visa applications and those seeking immigration benefits to identify those who pose a national security risk to the United States and to identify, within 60 days, countries whose citizens pose special security risks. This order sets the stage for travel bans for certain countries that avoid the legal hurdles President Trump’s 2017 “Muslim Ban” encountered. We anticipate country-specific travel bans and increased use of Administrative Processing for all visa applicants, causing delays in visa issuance at US consulates. Additionally, travel and visa bans could be used against countries that do not cooperate fully with U.S. efforts to repatriate their citizens as part of President Trump’s large scale deportation programs.

Gender Identity on Government-Issued Documents

President Trump ordered the federal government to recognize only two genders, male and female. This order has a wide-ranging impact on those who are transgender or non-binary and will likely result in increased scrutiny of applicants for visas and other benefits of these populations. US passports and visas will list the sex as shown on the applicant's birth certificate.

What To Expect Next

President Trump made clear on the campaign trail that immigration enforcement and border security will be the top priorities for his administration.  It is very likely he will continue to use the executive branch powers to the maximum extent possible to accomplish these goals.  We will continue to monitor these orders and any subsequent litigation.