Immigration

Srinivasa Reddy Kandi: Employment-Based Immigration Challenges under a Second Trump Administration

February, 12, 2025-04:55

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Employment-Based Immigration Challenges under a Second Trump Administration

As we approach the possibility of a second Trump administration, it is essential for employers, immigrants, and immigration professionals to brace for substantial changes in the policies and adjudication practices of U.S. Citizenship and Immigration Services (USCIS). Given the previous administration's antagonistic stance toward legal immigration, we can anticipate a renewed emphasis on unreasonable, restrictive, and cumbersome bureaucratic processes that ultimately benefit no one. These anticipated policies are likely to result in longer processing times, masked as increased scrutiny and “extreme vetting.” Employment-based immigration routes are expected to encounter significant hurdles, making it imperative for applicants and employers to develop effective strategies.

From erratic policy shifts communicated through social media to executive orders lacking substantial legal grounding, a second Trump administration is poised to reintroduce stringent immigration limitations. Employment-based visas, such as the H-1B program and employment-based green cards, are expected to face more rigorous evidentiary demands and increasingly restrictive interpretations of eligibility standards. Although courts deemed many of these limiting policies unlawful during the previous Trump administration, they were still employed to discourage legal immigration under the pretext of safeguarding American jobs—despite compelling economic evidence that high-skilled immigrants are vital for sustaining growth in key sectors.

The potential implications of a second Trump administration on employment-based immigration could be significant. The previous policies had a notably adverse effect on employment-based categories, characterized by erratic decision-making, arbitrary rejections, and extended processing times, which hindered the ability of many companies to hire and retain talent. Should these policies resurface, organizations that depend on international talent, particularly in STEM sectors, will need to adapt their hiring practices, investigate alternative immigration options, and prepare for potential legal disputes in response to restrictive decision-making.
In addition to changes in USCIS policies, there is a risk that regulatory measures could be utilized to further restrict legal immigration. The prior administration sought to alter essential criteria for visa and green card eligibility, enforce more rigorous l abor market assessments, and eliminate work authorization for H-4 visa holders who are spouses of H-1B visa holders. Although many of these initiatives faltered due to ineffective implementation, a more strategically focused second-term Trump administration could more successfully enact these changes. The removal of discretionary relief options, limitations on premium processing, and additional obstacles to obtaining permanent residency could further complicate the immigration environment.

Increased Delays and Heightened Examination
A well-documented tactic to impede employment-based immigration involves significantly extending processing times. For example, prior to Trump's presidency in 2017, obtaining a Labor Certification from the Department of Labor typically took around two months. Currently, this process can take nearly 18 months. Likewise, the approval timeline for a Form I-140 (Immigrant Petition for Alien Worker) has escalated from a few weeks to 6–8 months since 2019. These delays generate uncertainty for both employers and foreign employees, adversely affecting long-term workforce planning.
An expected trend is the rise in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)—strategies previously employed by the Trump administration to hinder adjudications and dissuade applicants. During Trump's initial term, RFEs were often utilized to question the necessity of a bachelor’s degree for highly specialized positions or to scrutinize employment relationships, even when job requirements were clearly defined. Employers aiming to hire foreign talent should brace for increased scrutiny and collaborate closely with legal advisors to prevent unwarranted denials.

Mandatory Green Card Interviews and Visa Backlogs
Employment-based green card applicants should also be ready for the possible reinstatement of mandatory USCIS interviews—a policy that was enacted during Trump’s first term and led to significant backlogs and processing delays. Prior to this policy, interviews for employment-based green cards were uncommon, but their reintroduction primarily served to prolong the process and artificially restrict visa availability.
Additionally, with slower approval rates, we can anticipate a continued rise in visa backlogs and delays in the Visa Bulletin, further lengthening wait times for employment-based green cards. These bureaucratic delays create uncertainty for foreign workers and employers, hindering the U.S. economy's capacity to attract and retain top global talent.

H-4 Work Authorization and Other Policy Changes
A potential policy change on the horizon is the cancellation of work authorization for H-4 visa holders, a measure that was aggressively sought by the initial Trump administration but ultimately halted due to legal obstacles. If this policy is reinstated, it could displace thousands of skilled spouses—many employed in essential sectors—thereby negatively impacting American businesses and families.

Strategies for Employers and Immigrants
In light of these expected policy changes, both foreign nationals and their employers need to remain vigilant, prepare strategic applications, and consider alternative immigration pathways to address the forthcoming challenges. Employers should take the initiative to secure visas, advocate for their foreign employees, and, if necessary, engage in legal action to contest unfair administrative hurdles. Legal professionals must ensure comprehensive documentation, anticipate increased scrutiny, and be ready to respond to restrictive decisions.
A second Trump administration could bring significant alterations to employment-based immigration, making it crucial for all stakeholders to act promptly, remain alert, and formulate contingency strategies to lessen potential disruptions. The time to take action is now.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.