Updated January 24, 2025
Several Executive Orders (“EOs”) from the Trump administration issued on January 20, 2025 introduce changes that may affect employers and their foreign national employees. This post offers a brief overview of some select EOs’ main points and their potential implications for employment-based immigration. As of this writing, few implementation details are known. As we gain clarity on the implementation of specific policies, we will provide more detailed insights.
America First Policy Directive to the Secretary of State: Similar to the “Buy American Hire American” directive of the previous Trump administration, the Secretary of State is directed to put the U.S. and U.S. citizens first in all foreign policy. This will affect visa issuance decisions at consular posts. Applicants should be prepared to explain how their proposed work will benefit the U.S. Similar to the “National Interest Exception” requests required during the COVID travel bans, it may be helpful to reference the critical infrastructure list, as well as describe jobs created for American workers and investments made in the U.S. Additional policies and procedures will be forthcoming on this point.
America First Trade Policy: “The United States Trade Representative shall commence the public consultation process set out in section 4611(b) of title 19, United States Code, with respect to the United States-Mexico-Canada Agreement (USMCA) in preparation for the July 2026 review of the USMCA. Additionally, the United States Trade Representative, in consultation with the heads of other relevant executive departments and agencies, shall assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement.” This review may have an effect on TN occupational categories and visa issuances.
Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats: The Secretary of State, Attorney General, the Secretary of Homeland Security (includes USCIS, CBP), and the Director of National Intelligence, are ordered to identify resources and determine information needed to confirm a foreign national’s identity and that the foreign national is not a national security or public-safety threat. Screening and vetting procedures are to be at a “maximum” level and the agencies are ordered to “re-establish baseline” for visa issuances and “immigration benefits” which likely includes petitions and applications filed not only with the State Department but with USCIS. These procedures may also include additional vetting at application for admission at U.S. ports of entry. A 60-day review of information-sharing from other countries is ordered, setting the groundwork for possible travel bans for nationals of countries that don’t share enough information. There is also a potential look-back at foreign nationals who have been admitted to the U.S. since Jan. 20, 2021, when President Biden took office. Finally, the EO orders a review of Foreign Affairs Manual, which is the set of regulations governing how the posts issue visas, among other things, and in particular the inadmissibility (criminal and related) grounds in the manual.
Initial Recissions of Harmful Executive Orders and Actions: This EO rescinds many of President Biden’s EOs, and may affect prior directives related to streamlining visa processing, including doing away with visa interview waivers and potentially scrapping a long-planned and already successfully piloted stateside visa renewal program as well as potentially stopping the re-use of biometrics, among other things. On January 23, the Trump administration issued another EO revoking a Biden EO related to AI, which contained several policies related to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with AI expertise.
Protecting the Meaning and Value of American Citizenship: “It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Note that this could affect children born to nonimmigrant visa holders. An ACLU lawsuit has already been filed to challenge this policy. On January 23, 2025, a federal judge blocked this policy.
Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government: “The Secretaries of State and Homeland Security . . . shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.”
Two final EOs that potentially implicate case processing times and visa interview and adjustment or status or naturalization appointment availability include the Return to In-Person Work and Hiring Freeze EOs.
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