What can we expect from the second Trump administration for employment-based immigration cases? Slower processing times, restrictive guidance, the eventual elimination of the H-2 visa program, and restrictions on F-1 Student visas.

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The next Trump administration will directly attack all types of immigration, including legal immigration pathways through employment. As we saw during the first Trump administration, we will likely again see mandates for interviews in all lawful permanent residency cases, including employment-based cases, and a decrease in critical agency resources dedicated to reviewing and adjudicating cases, leading to longer processing times.

We will likely see a reduction in H-2A and H-2B visas. Project 2025, understood to be the Trump administration's roadmap on immigration during the next administration, directs the government to wind down the H-2 visa program over the next 10-20 years but directs the Department of Homeland Security (DHS) to stop issuing its annual list of H-2 qualified countries starting immediately, a move that would dramatically reduce the number of H-2A and H-2B visas available to businesses. This will have a major impact on the agricultural, construction, hospitality, landscaping, and seafood processing industries, as well as many smaller industries that have become increasingly reliant on the H-2 visa program to secure reliable workers.

In terms of H-1B visas, the Project 2025 mandate calls for the elimination of Level 1 and Level 2 wage levels for H-1B visa recipients, requiring employers to pay substantially higher wages to H-1B workers and thereby reducing employers ability to use the H-1B visa program to employ foreign national employees.

Finally, Project 2025 directs the State Department to heavily scrutinize F-1 student visa applications and eliminate or significantly reduce student visas from enemy nations.

What can you do to prepare for the second Trump administration? Act now.

• If you are considering applying for an immigration benefit, or sponsoring an employee for an immigration benefit, consult with an experienced immigration attorney to understand the potential risks before you apply.
• If you or your employee is in a valid non-immigrant status in the United States that is eligible for renewal, file your application to renew/extend your status as soon as possible, and consider filing with Premium Processing to obtain a quick decision.
• If you are considering applying for a nonimmigrant visa renewal stamp abroad, consider doing so now to ensure you have a new, valid visa for international travel in 2025 and beyond.

For more information, please contact Kolko & Casey, P.C. to schedule a consultation with one of our experienced attorneys on your future or ongoing immigration matter.