Since Donald Trump won the presidential election, there’s been considerable fear and anxiety among many people who are immigrants to this country based on some of the promises and rhetoric that came out of the Trump campaign.
While much of that talk around immigrants involves illegal immigration, those who are here legally on work visas and green cards as well as people born in this country to immigrant parents have still found some of the promises concerning.
While no one can know with certainty what the next Trump presidency will bring, we’ll take a look at some potential changes to immigration policies.
Policies enacted by executive order by President Joe Biden
President Biden used the powers of the office to create programs like Parole-in-Place (PIP) and the continuation of the Deferred Action for Childhood Arrivals (DACA) program. President Trump could potentially end these programs without congressional authorization. However, courts could intervene to allow them to continue.
H-1B and H-2B visas
There’s been some disagreement even among Trump advisors over how many H-1B visas will be issued and to whom. The incoming administration has talked about “merit-based” immigration that focuses on bringing in people with skills that not enough Americans have to fill jobs in science and technology. Those typically fall under the H-1B visa program.
While the administration can require stricter scrutiny of H-1B applicants and compliance with the program by employers and employees, Congress would have to agree to change the number of these visas issued. Since tech companies are among the greatest beneficiaries of the H-1B program, it’s likely that the uber-wealthy owners of these companies will try to influence this matter.
Even some Republican lawmakers and other influential party members are resisting talk of cutting back or discontinuing H-2B visas used to bring in temporary non-agricultural workers to fill temporary and seasonal jobs not popular with Americans like fish processing.
Family-based and employment-based green cards
The Trump team has talked about limiting immigration overall. This could include allowing family immigration for fewer categories of family members. This includes limiting them only to spouses and minor children and no longer including parents, siblings and adult children.
Employment-based green cards will also face more scrutiny. One potential strategy is to have a points-based system that considers applicants’ educational and work history when evaluating their application and potentially further limiting the number of employment-based green cards issued.
It’s too soon to know what immigration-related changes will be implemented under the new Trump administration. However, if they may affect your or your family’s lives and plans for the future, it’s wise to get legal guidance whenever you have questions or concerns to try to keep ahead of them without risking your status.