A flurry of messages came into our offices since the U.S. election. I’ll be honest, I wanted to be optimistic. Afterall, the law is the law, and it would take time to change those laws. Then I reflected on the post-2017 inauguration changes to immigration policy and reviewed the 2025 mandates.
Here is what we expect:
- Removal if you have a final deportation order (Do not collect $200 and go directly to detention and removal)
- Return and expansion of the 287g program (Local law enforcement encounters result in referral to ICE)
- Application denials leading to removal Proceedings
- H-1B Cap will move to merit-based (Prioritizing advanced degrees over new graduates)
- Increase in Prevailing Wage for H-1B and PERM cases
- H4 EADs eliminated along with other EAD categories
- Longer and more stringent adjudications, forcing more premium processing fees at $2805 a pop
- Increase in fraud detection initiatives
- End to DACA
- OPT program changes may limit OPT term and STEM eligibility
How to prepare:
-Hire an attorney who specializes in immigration. Some practitioners will see the administration’s efforts as a business opportunity. Rely on immigration-specific practitioners with experience.
-Meticulously prepare documents with robust and clear evidence.
Removal if you have a final order
Those with final orders of removal face are at immediate risk of detention and expedited removal aided by the reestablishment of 287g programs. Local law enforcement partners with ICE through a Memorandum of Agreement allowing ICE to delegate immigration officer duties to state and local law enforcement.
https://www.ice.gov/identify-and-arrest/287g
https://www.ilrc.org/resources/national-map-287g-agreements
Denials To Removal Proceedings
Denials that leave the applicant without status may be referred to ICE and immigration court for removal.
Merit-Based Immigration and the H-1B
Expect to see changes to the H-1B program aimed at promoting “best and brightest” merit-based programs and qualifications over the current lottery system. We saw a version of this policy in Trump 1.0 when Master degree applicants were prioritized over Bachelor degrees.
Raise the Prevailing Wage
Expect the 2025/2026 and subsequent year prevailing wages to increase impacting the ability of employers to hire foreign workers.
H4 EADs
H4 spouses of certain H-1B workers can apply for employment authorization. Expect this program to be challenged in Trump 2.0 as the seek to limit the classes of aliens eligible for employment authorization.
USCIS Adjudications
Longer wait times and more stringent adjudications of all visa categories is expected, which will especially impact E2, EB2 NIW, O-1, and EB1A under the guise of vetting, base eligibility of applicants and fraud detection.
Increased Attention to Fraud Detection
Fraud Detection and National Security Director (FDNS) will realigned and even weaponized to identify perceived fraud and stringent vetting policies.