Stricter Processing of Immigration Petitions and Applications
President Trump has revoked many Biden-era policies that aimed to improve processing efficiency at U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS). As a result, employers should prepare for:
- More restrictive criteria for expedited processing requests.
- Increased Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)Â before petition denials.
- Reduced consideration for STEM and AI professionals in visa adjudications, including O-1s and National Interest Waivers.
- Reinstatement of the Trump-era Public Charge Rule for green card applicants.
Impact: Processing delays, additional documentation requirements, and higher denial rates for employment-based immigration petitions.
Increased Worksite Enforcement & I-9 Audits
A major focus of the administration is immigration enforcement, including workplace compliance. Employers should anticipate:
- More frequent I-9 audits and compliance checks.
- Heightened scrutiny on employment authorization verification.
- Potential for workplace raids by ICEÂ in industries that employ large numbers of foreign workers.
Impact: Employers must ensure I-9 compliance and be prepared for worksite inspections by Immigration and Customs Enforcement (ICE).
Birthright Citizenship Restrictions
One of the most controversial executive orders attempts to limit birthright citizenship to children born on or after February 19, 2025, where at least one parent is a U.S. citizen or Lawful Permanent Resident.
This EO does not clarify how children of nonimmigrant visa holders (F-1, H-1B, L-1, TN, etc.) would be affected.
However, this EO has already been blocked by a federal judge, and legal challenges are expected to eventually reach the U.S. Supreme Court.
Impact: Uncertainty regarding citizenship rights of children born in the U.S. to foreign nationals, with ongoing litigation likely.
Trade Agreements & Employment-Based Visas
The administration has initiated a review of U.S. trade agreements that could impact visa programs, including:
- TN visas (Canada & Mexico under USMCA)
- E-1/E-2 investor visas
- H-1B1 (Chile & Singapore) and E-3 (Australia) visas
Impact: Potential tightening of eligibility criteria and stricter scrutiny for these visa categories.
Changes to the Federal Workforce & USCIS Staffing
- President Trump has ordered a return to in-office work for federal employees and implemented a hiring freeze for administrative positions.
- Since many USCIS adjudicators work remotely, this could result in higher staff attrition rates and a slower processing of immigration petitions.
Impact: Longer processing times and increased backlogs for visa petitions and green card applications.
Increased Visa Vetting & Travel Bans
- The administration is directing stricter background checks on visa applicants and potential country-specific travel bans based on security concerns.
- The Department of State (DOS) will review existing visa issuance policies and could increase the use of Administrative Processing, leading to delays.
- Countries that do not cooperate with U.S. deportation programs may face new travel restrictions.
Impact: Visa applicants may experience longer wait times, additional security checks, and possible entry restrictions based on nationality.
Gender Identity Policy on Government-Issued Documents
- The administration has eliminated gender identity options beyond male and female on federal documents, including:
- U.S. passports
- Social Security records
- Visa applications
Impact: Increased scrutiny on applicants whose gender identity does not align with official documents, potentially leading to delays in visa processing.
What Employers Should Expect Next
President Trump has made immigration enforcement a priority and will likely continue using executive orders to push further restrictions. Additional policies could target:
- Employment-based green cards (higher standards for PERM applications)
- H-1B program changes (new wage requirements and specialty occupation definitions)
- Expanded use of ICE enforcement at workplaces
How NPZ Law Group Can Help:
Our immigration attorneys are closely monitoring these developments. Employers should take action now to:
- Assess I-9 compliance and conduct internal audits
- Stay updated on policy changes affecting visa processing
- Prepare contingency plans for potential delays or denials
Contact NPZ Law Group today to ensure your business remains compliant and prepared for these immigration shifts.
Contact Us
For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.