By Attorney Amanda Mitchell

The CTM Team is closely monitoring ongoing developments in U.S. immigration policy and anticipates significant changes under the incoming Trump administration in January 2025. Based on the former president's previous focus on restrictive immigration measures, the team expects potential shifts in key areas such as visa issuance, border security, and enforcement policies. These changes are likely to impact employment-based, family-based, and humanitarian immigration pathways, and introduce new challenges and opportunities for businesses and individuals alike.

While we cannot predict the particulars of future policy changes, we expect immediate adjustments through executive action and policy amendments, which may be enacted with little notice. Changes to federal regulations and immigration law, however, will take longer, as they require formal legislative action. Given the likelihood of rapid changes, we strongly encourage individuals and organizations to take a proactive approach in preparing their immigration strategies.

Reflecting on the previous Trump administration, we observed the following trends:

• Higher denial rates and longer processing times.
• Increased issuance of Requests for Evidence (RFEs) and Notice of Intent to Deny.
• Deference was not given to prior approvals.
• Changes to the H-1B program, including a salary-based lottery system, higher filing fees, and increased scrutiny.
• The renegotiation of trade agreements.
• Rising deportations with expanded removal operations and arrests.
• International students facing greater documentary burdens to demonstrate immigrant intent.
• More S221(g) notices issued at U.S. consulates, leading to delays in visa processing.
• Stagnation in immigration reform, with little progress on long-term policy changes.
• The use of travel bans to restrict all immigration and travel from certain countries.  
• Significant delays with family-based immigrant visas with an increased risk of children aging out. 

The CTM Team is actively preparing to guide clients through the anticipated policy shifts under the incoming administration, providing expert advice on compliance, strategy, and navigating the evolving regulatory landscape once the new president takes office. We strongly recommend that clients closely review application requirements and ensure all materials are meticulously prepared. Attention to detail will be crucial to maximizing the chances of approval as we move into a period of potential regulatory uncertainty.

For individuals pursuing green cards through employment-based pathways, we also advise filing applications sooner rather than later. Under the Biden administration, programs such as the National Interest Waiver (“NIW”) were more accessible, allowing individuals to self-petition for a green card without an employer sponsor and bypassing the labor certification process. However, we anticipate that these accommodations may be scaled back or eliminated under the incoming Trump administration, making it even more important to take action now to avoid potential delays or restrictions.

The one certainty regarding immigration under the Trump administration is uncertainty. We strongly encourage all of our immigration clients, whether employment-based or family-based, to proactively seek guidance. By staying informed about the latest trends and potential challenges, we can work together to ensure you are well-positioned for success in navigating the evolving landscape.

CTM Legal Group is a full-service immigration law firm located in Chicago, Illinois. For more than a decade, our experienced attorneys have been helping individuals, families, and businesses worldwide navigate the complexities of U.S. immigration law. Please reach out to our firm for a consultation to discuss how we can assist you with your immigration needs.

For assistance with immigration and more, please contact CTM Legal Group at 312-818-6700.