Per the National Law Review, it is expected that President Trump will act (and IS acting) quickly in the following areas through executive orders and policy directives:
Reinstatement of USCIS adjudication practices that resulted in increased denials, including the end of deference to prior decisions and expanded discretion in the denial of a petition or application without first requesting clarifying evidence.
Termination of certain humanitarian-based programs, including Temporary Protected Status (TPS) and parole programs for Cuba, Haiti, Nicaragua, and Venezuela. The continued status of Deferred Action for Childhood Arrivals (DACA) is uncertain.
Increased I-9 audits, worksite investigations, and site visits to verify H-1B and L-1 petition terms.
Travel restrictions and extreme vetting in visa interviews.
Further, as his term progresses, President Trump is anticipated to enact additional changes to employment-based immigration, which may include:
Changes to the H-1B program, such as re-defining “specialty occupation,” increasing wage requirements, and prioritizing H-1B cap registrations based on compensation levels.
Restrictions on Optional Practical Training (OPT) currently available to F-1 students engaged in a U.S. program of study.
Termination of individual work authorization programs, such as Employment Authorization Documents for certain H-4 spouses.
Expanded tariffs.
These changes and follow-ons may make it more difficult for employers to justify immigrant workers, potentially including sourcing, higher compensation requirements, and more program restrictions.
