The globally sensational U.S. election has finally reached a conclusion! Republican presidential candidate Donald Trump has won the 2024 presidential election and will serve as the 47th President of the United States. So, in what direction will immigration policy develop during his new term? Please join Worldway Group as we look at the professional analysis from Klasko Immigration Law Firm.
Klasko Immigration Law Firm was founded by Mr. Ronald Klasko. Mr. Ronald Klasko is a premier immigration attorney in the United States and is revered as a prominent figure in the U.S. investment immigration industry. Since 1978, Mr. Klasko has been engaged in matters related to immigration law. He is the founder and managing partner of Klasko Immigration Law Firm, head of its EB-5 team, a member of the 2023-2024 EB-5 Investors Committee, a former National President of the American Immigration Lawyers Association (AILA), and has served as the chair of the AILA EB-5 Committee five times.
Below is the analysis from Klasko Immigration Law Firm:
Donald Trump has been elected president, beginning his second term. Trump's victory will inevitably reshape immigration law and enforcement. With the end of his first term and the promotion of new administration policies, the immigration roadmap for the Trump presidency is not as uncertain as it was in 2016.
Donald Trump's victory marks a turning point for U.S. immigration policy. Throughout the campaign, he reiterated his commitment to protecting U.S. borders, reducing illegal immigration, strengthening internal enforcement, and increasing scrutiny of legal immigration pathways. For employers of foreign workers, this means uncertainty during recruitment and onboarding, additional costs to overcome challenges in immigration and visa applications, and anxiety across the foreign workforce. The path ahead is clear, and preparations can be made now to address potential impacts.
Expanding the 'Buy American, Hire American' Policy
Trump has been a strong supporter of the 'Buy American, Hire American' (BAHA) executive order. The BAHA policy prioritizes hiring U.S. workers over foreign nationals. Trump's second term will certainly strengthen these policies, thereby imposing stricter requirements on employers seeking to hire foreign nationals. These policies force companies to demonstrate that their hiring practices do not harm employment opportunities for U.S. citizens. In practice, the BAHA policy will surface as the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) conduct more aggressive investigations and audits regarding wage levels, job descriptions, and recruitment efforts.
Stricter Restrictions on Visa Sponsorship Applications
Complementing the BAHA policy, Trump's second term is likely to reduce the ability of employers to obtain work-sponsored visas for their foreign workers. The H-1B program, in particular, will be affected by new laws and regulations aimed at limiting H-1B eligibility and availability. This means that applications will face more rigorous scrutiny, H-1B job requirements will be strictly reviewed, and ultimately, there will be an increased likelihood of Requests for Evidence (RFEs) and visa application denials. During the previous administration, we saw proposed regulations significantly increase wage requirements and narrow the definition of job requirements to limit eligibility. While the H-1B program will be a focus of the new administration, employers can expect policy changes to affect other employer-sponsored visa categories, including L-1 intracompany transfers, TN, and E-3 professionals, among others.
Work Authorization Restrictions for Students and Others
Trump's second term will likely work to revoke regulatory authorizations for employment categories not explicitly granted by the Immigration and Nationality Act. Policy proposals under consideration include eliminating Optional Practical Training (OPT) for F-1 students, canceling work authorization for certain H-4 spouses, and terminating humanitarian programs such as Uniting for Ukraine, Temporary Protected Status (TPS), and DACA. Employers should review their workforce data to determine if employees using employment authorization documents might be affected by future revocations of work authorization and decide whether and how to support these employees.
Investment Visas
During Trump's first term, the EB-5 program was largely unaffected by his immigration policies. The potential reduction of tax liabilities for high-net-worth individuals (HNWIs) during the second Trump administration could attract more EB-5 investors.
For more policy analysis, please contact Worldway Group, and we will share detailed information to help you grasp the situation. As can be seen from the analysis by Klasko Immigration Law Firm, currently, EB-5 investment immigration will not be affected.
The United States continues to welcome outstanding talent and high-net-worth immigrants! As a major country of immigration, the United States has a mature and comprehensive immigration legal system. EB-5 investment immigration can both guarantee employment and promote economic growth. Furthermore, EB-5 investment immigration projects are protected by the 'grandfather clause.' The expiration date of the grandfather clause is September 30, 2026, meaning that as long as investors submit their applications before September 30, 2026, their applications will not be affected regardless of how the law changes later.
Under the new policy, EB-5 investment immigration applicants born in mainland China do not currently face a backlog. We suggest that those interested in immigrating make plans in advance, act as soon as possible, and decisively 'get on board'! Currently, the rural projects in the EB-5 reserved visa category are the preferred choice among the best pathways for rapid immigration to the United States.
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Worldway Group, a Top 500 Asian Brand, has focused on investment immigration for over 20 years and has professionally handled U.S. investment immigration for 18 years. We have successfully helped over 6,000 families immigrate to the United States and possess experience in successfully handling tens of thousands of U.S. Green Cards. In 2006, we became one of the first professional immigration agencies in China to promote U.S. EB-5 investment immigration projects. In the EB-5 industry, we were among the first to propose the concept of selecting premium projects and established a professional analyst team. We were also among the first to advocate that U.S. EB-5 investment focuses on project selection and treating clients with sincerity. Worldway has repeatedly won the global 'Best Immigration Agent Award' at the U.S. EB-5 Annual Conference. Worldway's senior management has met with many U.S. congressmen and maintains good interactions with various U.S. congressmen, governors, mayors, high-ranking government officials, and well-known figures in the EB-5 industry, making us your trusted choice for handling U.S. investment immigration!
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