Given the results of the recent election, we understand that our clients are concerned about how the change in Administration could impact foreign nationals. While we cannot be certain as to what changes will actually take place, based off of what occurred under the last Trump Administration, we have the following recommendations:
- International travel should be carefully considered. We recommend returning to the U.S. prior to January 20, 2025, if at all possible.
- If you will need to apply for a visa while you are abroad, we suggest setting an appointment at the earliest at a US consulate/embassy and be prepared for possible extended delays in appointment availability and visa issuance.
- On reentry to the United States, you should expect thorough screening at ports of entry.
- Heightened travel restrictions could be implemented soon after the new presidential administration takes office on January 20, 2025. While there is no definitive statement regarding this issue now, such changes can occur very quickly after a new president takes office.
- Nonimmigrant visa holders who are outside the U.S. may wish to make plans to return to the U.S. prior to January 20, 2025. This is particularly true for citizens of countries that were affected by previous travel bans, including Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria and Yemen.
- For those with pending petitions at USCIS, H-1B, TN, O-1 or E-3 status, you may wish to upgrade those cases to premium processing now. This is encouraged for change of status or consular cases. It is expected that there will be an increase in processing times and an increase in Requests for Evidence across all application types.
- Employers should conduct internal I-9 self-audits as well as careful review of all Public Access Files to ensure compliance as increased audits/site visits should be expected.
We will, of course, keep our clients updated on any relevant changes.