Trump Administration Frequently Asked Questions

President-elect Donald Trump will begin his second term in office as President of the United States, effective January 20, 2025. Since the election, the Murthy Law Firm has received numerous questions about how his new administration will impact U.S. immigration law and policy. To assist MurthyDotCom readers, we have compiled answers to some of the most common questions we have received. These answers are based on what we know so far, as well as our experiences during Trump’s first term. However, this very speculative, and the situation likely will be in flux for months as the new administration takes control of the federal government.

General Questions

Q1. How could my immigration process be affected by the incoming Trump Administration?

A1. Each immigration case is unique. While the President has significant influence over immigration policy, his ability to change specific rules depends upon whether the rule is statutory, regulatory, or based on administrative policy, as explained in the MurthyDotCom InfoArticle, Uncertain Future of Various Immigration Benefits (24.Jun.2024).

Q2. Are there any general changes to expect?

A2. We expect longer processing times for many applications and petitions filed with the U.S. Citizenship and Immigration Services (USCIS). Additionally, we expect many case-types to receive greater scrutiny, leading to a higher volume of requests for evidence (RFEs) or notices of intent to deny (NOIDs) than we have seen during the Biden administration.

Green Card Process

Q3. Will my PERM labor certification case be impacted by the new administration?

A3. The PERM labor certification process, which is handled by the U.S. Department of Labor (DOL), remained largely unchanged during the previous Trump Administration. While there was a proposal to introduce a filing fee for labor certifications, and another proposal to increase wage obligations for employers, neither of these changes was implemented. Any such changes likely would require a formal rulemaking process, so it is not something likely to be implemented in the immediate future.

Q4. Will it be harder to obtain an I-140 approval based on a labor certification under the new administration?

A4. The purpose of the I-140 immigrant petition is to demonstrate that the employee meets the requirements of the labor certification at the time of filing. This includes education, experience, special skills, and the employer’s ability to pay. These requirements did not change under the first Trump Administration.

Q5. I heard that extensive financial documents were required for green card cases during the last Trump Administration. Why was that, and will it happen again?

A5. Under U.S. immigration law, individuals who are considered likely to become a public charge (i.e., dependent on government assistance) are inadmissible to the U.S. The previous Trump Administration implemented a stricter – and far more burdensome – public charge rule, which mandated that all I-485 applicants submit significant amounts of financial documentation. While we cannot predict with certainty whether this rule will return, it is likely that public charge concerns once again will be a priority for the new administration.

Q6. I have a pending I-485 application and want to apply for advance parole. Will it be harder to get approval under the new administration?

A6. Not necessarily. While the advance parole process might face some changes (such as shorter validity periods or longer processing times), this does not automatically mean that approvals will be more difficult.

Q7. My parents entered the U.S. on a B-2 visa and I want to apply for a green card for them. Should they be concerned about the application process under the new administration?

A7. Generally, individuals cannot enter the U.S. on a B-2 visa with immigrant intent. Under the previous Trump Administration, there was increased scrutiny regarding whether an individual who applied for adjustment of status after entering on a B-2 visa had immigrant intent at the time of entry.

Q8. Were there any significant changes to the filing process for concurrent filings under the prior Trump Administration?

A8. Ultimately no. But a proposed rule suggested that concurrent filings (filing the immigrant petition, such as I-130 or I-140, together with the I-485) would no longer be allowed. This proposal, however, did not go into effect.

H1B Visas

Q9. Has President-elect Trump provided any clear guidance on what changes to expect in the H1B visa process?

A9. No, there has been no definitive statement from President-elect Trump regarding H1B visas. During his 2024 campaign, he held discussions with stakeholders in the tech industry, expressing some openness to increasing the number of temporary work visas. However, other figures within his Administration have long pushed for reducing work visas.

Q10. Will it be harder to get H1B petition approvals under the Trump Administration?

A10. It is likely. During the first Trump Administration, there was a sharp rise in the number of RFEs and a significant increase in the H1B denial rate. Certain issues (e.g., scrutiny of wage level 1 positions) were practically unheard of prior to the Trump Administration. Other issues, such a significant increase in scrutiny of documents submitted (or not submitted) were also prevalent.

Q11. Will H1B processing times increase?

A11. Probably. Processing times for various immigration petitions, including H1B applications, increased during Trump’s first term. We expect this trend to continue.

Q12. Will I be able to use Premium Processing for my H1B petition?

A12. During the first Trump Administration, the USCIS suspended premium processing for H1B petitions multiple times. The availability of premium processing may vary depending on the administration’s policies.

Q13. I am currently in valid H1B status and will soon be applying for an extension. Will my approved H1B make it easier to get an extension under the new administration?

A13. Under the first Trump Administration, the USCIS rescinded the longstanding policy of deferring to previous approvals when applying for extensions. The Biden Administration brought the deference policy back, but we expect that the second Trump Administration likely will end it, once again.

Q14. I am concerned that the Trump Administration may end the H-4 EAD program. Is there anything I can do to protect myself?

A14. This is certainly a valid concern. If the Trump Administration wishes to end the program, this likely will require them to go through the formal rulemaking process. This easily could take months, if not longer. Still, it may be wise to file H-4 EAD renewal applications well in advance. If the program eventually is terminated, it is that possible H-4 spouses will be allowed to continue to use their existing EADs until expiration.

Q15. I need to renew my H1B visa next year. Will the process be different under the new administration? How can I prepare?

A15. Visa processing times are expected to slow. The previous Trump Administration initially suspended the interview waiver program, and it is possible this could happen again under the new administration. Be prepared for longer wait times when scheduling a visa appointment abroad.

Q16. I am an employer with many employees who hold H1B status. Will I be required to pay my employees a higher salary once President-elect Trump takes office?

A16. There was a proposed rule to increase wage obligations for employers under the prior Trump Administration, but this was never implemented. Such a change likely would require a formal rulemaking process.

Miscellaneous

Q17. I am looking to enroll in a U.S. university as an F-1 student. Are there any likely changes coming to the F-1 program under the Trump Administration?

A17. During the first Trump Administration, there were a number of policies implemented that made life more difficult for F-1 students. For instance, foreign nationals who applied for a change of status to F-1 from within the United States were often required to file multiple applications in order to “bridge” their status through the program start date. The first Trump Administration also discussed the possibility of limiting the amount of practical training available to F-1 students, and possibly even eliminating STEM OPT extensions, altogether. Whether any of this will make a comeback during a second Trump term remains to be seen.

Q18. I am in the U.S. on humanitarian parole, which expires next year. Will I be able to reapply for parole under the new administration?

A18. Humanitarian parole programs, which currently apply to nationals of countries like Ukraine, Afghanistan, Venezuela, Cuba, Nicaragua, and Haiti, are likely at risk.

Q19. I am in the U.S. on temporary protected status (TPS). Will the new administration cancel this program?

A19. The new Administration may end TPS designation for certain countries, as it did during Trump’s prior term, although courts blocked some of these efforts for certain countries. It is unlikely that this will impact an individual who presently holds TPS, but the individual may not be able to reapply for TPS in the future.

Q20. I currently hold DACA (Deferred Action for Childhood Arrivals) status. How could I be impacted?

A20. The Trump Administration attempted to rescind DACA, initially halting the acceptance of new applications. However, federal courts blocked the termination of the program, and the U.S. Supreme Court ruled that the attempt to end DACA was unlawful. It is possible that the new administration may take action to end the program, and the Supreme Court is now more conservative than it was during Trump’s first term, so it may be more receptive to his attempts to end the program.

Q21. Will it become more difficult to obtain a B-2 visitor’s visa under the new administration?

A21. It is possible that new requirements may be introduced for individuals seeking to visit the U.S. Under the previous Trump Administration, a proposal required certain visa applicants to prove they had health care coverage, but this was blocked by the courts. Whether an individual has immigrant intent may also be scrutinized more closely.

Q22. I am an undocumented individual. Can the Trump Administration deport me on day one?

A22. No. Everyone has the right to appear before an immigration judge to defend their case. While the Trump Administration could issue a Notice to Appear in Immigration Court, they could not deport anyone immediately without going through the proper legal process.

Conclusion

The incoming Trump Administration is almost certain to bring significant changes to the U.S. immigration landscape. The Murthy Law Firm will continue to update and inform the public on any new developments that occur. Subscribe to the free MurthyBulletin to stay up to date on the latest changes to the U.S. immigration law.

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