Trump wins: Green cards and immigration

Summary

In this video, the host discusses the implications of Donald Trump’s victory in the 2024 U.S. presidential election on immigration policies. Key topics include potential changes to EB-2 NIW, EB-1A, H-1B, and TPS programs, with a focus on stricter interpretations and possible policy shifts under a new Trump administration. Viewers are advised to prepare for changes by staying on track with their green card applications and taking advantage of premium processing. The video emphasizes the importance of focusing on building strong cases and staying informed about political developments that could impact immigration processes.

Takeaways

• 😀 Donald Trump has won the 2024 presidential election, becoming President-elect and set to be the 47th president of the United States, which will impact U.S. immigration policies.
• 😀 Key upcoming dates to remember include November 12th (last day for premium processing on EB-2 NIW cases), December 17th (Electoral College votes), and January 20th (inauguration of President Trump).
• 😀 For individuals applying for EB-2 NIW or EB-1A, premium processing may be an option to expedite their cases before Trump's second term begins on January 20th.
• 😀 Trump’s presidential campaign had limited specific policy details on immigration, though it emphasized merit-based immigration and American worker prioritization.
• 😀 If Republicans gain control of the House, Senate, and the presidency, they may modify immigration laws, potentially affecting programs like EB-2 NIW and EB-1A, though changes seem unlikely.
• 😀 Trump’s first presidency demonstrated a focus on restricting illegal immigration, with potential future impacts on TPS (Temporary Protected Status) and similar humanitarian programs.
• 😀 The H-1B visa program may face stricter rules under Trump’s administration, including higher wage requirements, narrower definitions of 'specialty occupation,' and more rigorous review of extensions.
• 😀 Green card programs like EB-2 NIW and EB-1A are less likely to face formal changes but could see stricter adjudication and interpretation of criteria, such as 'national importance' or 'extraordinary ability.'
• 😀 Trump's administration may prioritize different sectors like coal, oil, and gas over sustainability or renewable energy, affecting green card cases that align with national interests.
• 😀 The political climate under Trump may lead to more aggressive immigration policies, including the possibility of travel bans or border restrictions like those seen in 2017 and 2020, which could affect consular processing and green card applicants.

Q & A

What is the main focus of the video?

The video focuses on the potential impacts of Donald Trump's second presidency on U.S. immigration policies, particularly on green card categories like EB-2 NIW and EB-1A, as well as other programs such as H-1B visas, TPS, and parole.

What is the significance of the date November 12th for EB-2 NIW applicants?

November 12th is the last day for EB-2 NIW applicants to upgrade their cases or submit their I-140 under premium processing before Trump's inauguration on January 20th. This is important because premium processing takes 45 business days, and applicants need to complete their adjudication before the new administration takes office.

Will Donald Trump's policies on immigration likely affect EB-2 NIW and EB-1A programs?

It is unlikely that Trump's presidency will make significant formal changes to the EB-2 NIW or EB-1A programs, as these are part of existing law. However, stricter interpretations of program criteria, particularly around national importance (EB-2 NIW) and extraordinary ability (EB-1A), could be expected.

What is the predicted impact on the H-1B program under Trump's presidency?

The H-1B program may face stricter enforcement under Trump, with potential changes such as increased wage requirements, narrower definitions of specialty occupations, and more stringent reviews of visa extensions. These changes could create additional challenges for applicants seeking to work in the U.S. on H-1B visas.

How might Trump’s policies affect Temporary Protected Status (TPS)?

Under Trump's presidency, TPS is likely to face restrictions, as Trump has previously sought to minimize or end programs like TPS. Although Biden had already planned to end certain parole programs, Trump is expected to push for more limitations on TPS and other humanitarian protections.

What are the important dates in the election process that impact immigration cases?

Key dates include November 12th (last day for premium processing upgrades), December 17th (Electoral College votes are cast), January 6th (Electoral College votes are counted), and January 20th (Trump’s inauguration as the 47th president). These dates mark significant steps in the electoral process and influence the timeline for immigration adjudications.

How could a Republican-controlled House, Senate, and Presidency affect immigration laws?

If Republicans gain control of the House, Senate, and the Presidency, they could push for changes to immigration laws, potentially affecting programs like EB-2 NIW and EB-1A. However, the speaker suggests that significant changes to these programs are unlikely, with the focus more likely being on other areas of immigration policy.

What advice does the speaker give to individuals working on their immigration cases during the transition period?

The speaker advises individuals to stay focused on building strong immigration profiles and cases, regardless of political developments. Applicants should be aware of potential shifts in national priorities, especially for EB-2 NIW cases, but not to become overly anxious or distracted by political changes.

What are the risks of Trump’s previous immigration policies reappearing during his second term?

There is a risk that policies like the Muslim ban from 2017 or the COVID-19-related border closure from 2020 could reappear during Trump's second term. These policies could affect individuals applying for green cards through consular processing or those seeking entry to the U.S. from specific countries.

What changes to national priorities should EB-2 NIW applicants be prepared for under Trump?

EB-2 NIW applicants should be prepared for potential shifts in national priorities, depending on Trump's focus during his second term. For example, if Trump prioritizes traditional energy sectors like coal or oil, applicants with endeavors in these areas might be better positioned. Conversely, those focusing on sustainability or renewable energy might face more challenges due to differing national priorities.