What Trump’s Victory Means for U.S. Immigration Policies in 2024

The recent election of Donald Trump as President has significant implications for U.S. immigration policies. Drawing from his previous tenure and campaign promises, we anticipate substantial shifts that could affect various visa categories and the overall immigration landscape.

Historical Context: Presidential Proclamation 9645

During his first term, President Trump issued Presidential Proclamation 9645, commonly known as the “travel ban,” which restricted entry into the United States for nationals from several countries, primarily Muslim-majority nations. This policy faced numerous legal challenges and was a subject of intense debate, ultimately being upheld by the Supreme Court in 2018. The travel ban led to significant delays and denials in visa processing for affected individuals, disrupting family reunifications and employment opportunities.

Anticipated Policy Shifts

In his 2024 campaign, President Trump emphasized a stringent approach to immigration, indicating plans to reinstate and expand measures similar to the previous travel ban. This includes potential restrictions on nationals from additional countries and heightened security screenings. Such policies are expected to impact various visa categories:

• Family-Based Visas: Increased scrutiny and potential delays in processing could affect family reunification efforts, particularly for individuals from countries targeted by new travel restrictions

• Employment-Based Visas: Stricter vetting processes and potential reductions in visa allocations may pose challenges for employers seeking to hire foreign talent, especially in specialized industries.

• Investment Visas: While the EB-5 program’s minimum investment amounts are fixed until 2027 due to the EB-5 Reform and Integrity Act of 2022, other reforms such as stricter compliance requirements could be introduced.

Project 2025 and Immigration Policy

Project 2025, developed by the Heritage Foundation, serves as a comprehensive policy blueprint for the incoming administration. The document outlines plans to reinstate and expand immigration policies from President Trump’s first term, including:

• Reinstating the Travel Ban: The project advocates for the reimplementation of travel restrictions similar to those under Presidential Proclamation 9645, potentially extending to additional countries.

• Enhanced Vetting Procedures: There is a focus on implementing more rigorous screening processes

for visa applicants to address national security concerns.

• Reduction in Legal Immigration: The blueprint suggests measures to decrease overall legal immigration levels, affecting family-based and employment-based visa categories.

Implications for EB-5 and L-1 Visas

The EB-5 Immigrant Investor Program and L-1 Intracompany Transferee Visa are likely to experience specific changes under the new administration:

• EB-5 Visa Program: During President Trump’s first term, the EB-5 program experienced increased scrutiny to prevent fraud and ensure program integrity. Enhanced compliance requirements, such as stricter source-of-funds documentation and additional auditing of regional centers, became common. These trends may continue, making the process more rigorous for investors.

• L-1 Visa Program: The L-1 visa program, which allows multinational companies to transfer employees to the U.S., faced heightened scrutiny during the previous administration. Employers experienced a significant increase in Requests for Evidence (RFEs) and denials, particularly for L-1B specialized knowledge petitions. Stricter definitions of “specialized knowledge” and intensified site visits for compliance are likely to return under this administration, potentially discouraging some companies from utilizing the L-1 program.

Encouragement to Act

Given the anticipated changes, we strongly encourage individuals and businesses to take proactive steps now. If you are eligible to renew your visa, consider doing so as soon as possible. Where applicable, take advantage of premium processing services to expedite your case and avoid potential delays. Acting before January 20th may help reduce the risk of encountering stricter policies and longer processing times under the new administration.

This is especially important for EB-5 investors, as increased compliance requirements and potential changes in adjudication could lead to more complexities. If you are considering filing an EB-5 petition, we encourage you to act sooner rather than later to ensure a smoother process.

By acting now, you can better position yourself to navigate the anticipated changes in U.S. immigration policies.