How Project 2025 Could Impact Immigration Policy for Employers & Employees

A policy proposal from the Heritage Foundation named the 2025 Presidential Transition Project – or Project 2025, as it is widely referred to in the press – presents a comprehensive set of conservative reforms aimed at restructuring federal government policies, including U.S. immigration policy. Former President and current Republican presidential nominee Donald Trump has tried to distance himself from Project 2025, but a significant number of the people who were involved in creating this initiative are former members of the Trump Administration, and many political observers view Project 2025 as Trump’s blueprint for administering the government, should he win the upcoming election. This article provides a brief overview of some of the key immigration changes proposed in Project 2025.

Consolidation of Agencies

A central proposal of Project 2025 involves consolidating several key agencies into a standalone border and immigration agency at the Cabinet level. The proposal claims that, by taking agencies, including U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), the Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR), the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) and Office of Immigration Litigation (OIL), and merging them together, operations would be streamlined.

Non-Use of Discretionary Guest Worker Visa Authorities

Under the proposed policy, discretionary authority for guest worker visas would be limited. Specifically, the U.S. Department of Homeland Security (DHS) would “at least” refrain from using discretionary powers to increase the number of H2B visas beyond statutory limits and would avoid issuing regulations that favor specific nationalities in H-2 guest worker visa applications. It is possible this policy could be extended to other types of discretionary work authorization, such as the H-4 EAD program, which was created by regulation in 2015.

Impact on F-1, H1B, and Immigrant Visa Programs

Project 2025 also proposes the following changes to other immigration benefits programs:

• F-1 Students: National security concerns would take precedence in the oversight of Student and Exchange Visitor Program (SEVP), potentially leading to stricter monitoring and reporting requirements for F-1 students.
• H1B Program: Transforming the H1B program to allow only the “top foreign workers at the highest wages” to the U.S.
• Immigrant Visa Programs: Project 2025 recommends engaging Congress to pass legislation to repeal the diversity visa program, significantly curtail family-based immigration, and shift toward a merit-based system.
• Elimination of T and U Visas: These visas, which provide protections for victims of human trafficking and certain crimes, would be eliminated under the proposed reforms.

Administrative and Operational Changes

Beyond visa policies, various proposed structural and operational changes likely would impact adjudication processing times and potentially outcomes. For instance, the Fraud Detection and National Security (FDNS) would be restructured to make it a top priority of the USCIS. The USCIS would also be directed to “returning to nearly 100 percent interview requirements for all appropriate cases.”

Conclusion

The Heritage Foundation’s 2025 Presidential Transition Project outlines a plan that views immigration as more of a threat to the United States than the great benefit countless studies have shown it to be. If these proposals are adopted by the next administration, employers and employees navigating the U.S. immigration system can expect significant changes in visa availability, processing times, and regulatory compliance requirements. As the election approaches, stakeholders should closely monitor these developments to anticipate their potential impact on workforce planning and immigration strategy.

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