Donald Trump’s return to the White House in January will have a profound impact on immigration law and enforcement. While the Trump/Vance ticket made immigration a central focus of its campaign, the platform took aim at asylum law and unlawful immigration rather than legal immigration and employer-based immigration. Trump’s first term provides strong clues about potential policy and enforcement changes, though uncertainty remains for employers.
Potential Changes to Employer-Based Immigration
Trump’s first term in office did not result in major legislative changes to immigration law, but enforcement methods and interpretation of existing laws varied drastically from historical norms. Potential changes in a second Trump administration could include:
- Increased worksite enforcement
- Restrictions for visas and permanent residence for certain countries
- Attempts to eliminate the STEM OPT program
- Attempts to increase prevailing wage rates for H-1B and permanent
residence processes, aiming to price employers out - Increased denials across the board with USCIS and DOS (e.g., 21-24% H-1B denial rate)
- Increased corporate investigations in relation to protection of US workers (e.g., investigation of PERM practices, hiring practices, and alleged preferential treatment of foreign workers)
