United States
United States immigration policy and labor market updates
Key trends shaping the United States' labor and immigration landscape
Anticipated changes under the incoming administration
The 2024 presidential election has ushered in a Republican-led administration, which is expected to implement significant shifts in immigration policy. Anticipated changes include:
- Travel Restrictions: Potential reinstatement of visa and entry bans targeting individuals from majority-Muslim nations or countries deemed security risks.
- Processing Delays: Adjustments to consular staffing and the introduction of new protocols may lead to longer visa processing times, affecting applicants globally.
- H-1B Visa Reforms: New restrictions could include a minimum wage threshold and stricter eligibility criteria, making it more challenging for employers to secure H-1B visas, particularly for lower-wage positions.
H-1B Visa modernization
The finalized H-1B rule reflects the U.S. government’s focus on updating the visa system to address labor needs while maintaining program integrity. Enhanced site inspections, streamlined processes, and greater flexibility for employers are key features of the modernization effort.
Focus on security and adjudication processes
The administration’s security-focused agenda is driving tighter visa controls, including potential travel bans and stricter processing requirements. Additionally, the expiration of expedited adjudication policies for dependent visas (L-2 and H-4) signals a more measured approach to processing times.
Elections
The most anticipated election of 2024 was arguably the US presidential election, where Donald Trump won the White House for a second term. In addition, the Republican party won a majority in both houses of Congress, meaning that it will be easier for President-elect Trump and the Republican party to pass legislation. Key immigration policies to anticipate with the incoming administration are:
- Travel Bans: possible reinstatement of visa and entry bans on noncitizens from majority-Muslim countries and “enemy nations.”
- Expect longer processing times for visa applications and for obtaining visas at the US consulates around the world
- Expect new limits on the H-1B category that will make it harder to obtain an H-1B visa including a minimum wage threshold.
For more information, visit our US elections website here.
Mandatory form I-693 with adjustment of status applications
Starting December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) requires Form I-693, Report of Immigration Medical Examination and Vaccination Record, to be submitted with Form I-485, Application to Register Permanent Residence or Adjust Status. This change ensures medical evaluations are completed early in the application process to avoid delays in finalizing status adjustments.
H-1B rule finalized
The Department of Homeland Security (DHS) has implemented a final rule to modernize the H-1B program, effective January 17, 2025. Key changes include streamlined processing, greater flexibility for employers, and expanded site inspection authority to enhance compliance. These updates aim to meet labor market needs while safeguarding program integrity.
Processing delays for L-2 and H-4 Dependent Visas
As of January 19, 2025, expedited adjudication policies for L-2 and H-4 dependent visas have expired. This change could lead to longer processing times and potential gaps in work authorization for dependents, particularly for those filing applications concurrently with their primary workers’ petitions.
Special relief for Lebanon’s F-1 students
The U.S. government has introduced special measures for F-1 students from Lebanon. These measures include eligibility for employment authorization and reduced study loads, allowing students to manage economic challenges while maintaining their F-1 status.
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Manish Daftari
Partner