21 Nov How Will a Trump Presidency Affect Business Immigration?
As the dust settles on one of the most contentious elections in U.S. history, there is significant uncertainty in terms of what to expect moving forward as President-elect Trump transitions to the White House. We are hearing from clients and colleagues, and observing in social media and the press, questions and concerns about how changes to existing policies, and the implementation of new ones, will affect businesses, employees and families, particularly when it comes to immigration-related matters.
President-elect Trump and his campaign spoke extensively on the issue of illegal immigration, but said very little regarding business-related immigration, including matters related to entrepreneurs, which are of particular relevance to us. (We recently shared our insights on the Foreign Entrepreneur Rule and will provide an update on the expected impact of the Trump administration on the final version of the rule in our December blog.) Although pundits, experts and the public in general is attempting to determine and definitively assess the impact of the election on immigration law and policy, the short answer is, the ramifications of a Trump administration on the EB-5 program and other employment- and business-oriented visas and immigration considerations remain unclear at this point.
So what can we infer about Trump’s business immigration platform based on campaign statements?
The following changes are anticipated:
+ Across-the- board suspension of U.S. visa issuance from Muslim regions (specifics to be determined) (this would impact general and business-related immigration)
+ Additional vetting and increased requirements for H-1B and L-1 Non-immigrant Visas, including increasing wage requirements for H-1B visa holders and mandating a labor market test prior to filing a petition (it’s unlikely that any changes could be effected prior to the impending H-1B cap season in April, and, due to Trump’s pro-business position it is very doubtful that he would push to end the H-1B program; however, there is little doubt that the current climate for increased scrutiny of L-1 visas that we have seen recently will continue to increase and qualification requirements will tighten [New Requirements for L-1A Business Plans, Comparing the EB-5 and L-1 Visas]; e-Council Inc. continues to provide our clients with Cadillac service by creating qualified business plans incorporating the latest updates and requirements)
+ Renegotiating a number of treaties, including NAFTA (affecting the eligibility of certain classifications of professionals between the U.S., Canada and Mexico for employment purposes– the likely effect of this particular renegotiation effort will be to increase the number of E-2 petitions from both Canada and Mexico, as we have seen no evidence of an intent to renegotiate the longstanding Treaties of Trade and Commerce)
+ Increasing usage of the E-Verify program (requiring participation of U.S. companies in order to verify employment authorization status prior to an individual beginning employment within the U.S.); and
+ Another extension of the EB-5 Regional Center program (one of four immigration programs that have been temporarily extended until December 9, 2016); the general consensus is that these programs will be extended into February or March of 2017. The EB-5 Coalition is currently negotiating and drafting revised EB-5 legislation that will be presented to both the House and Senate as soon as viable, and another short-term extension would give the Coalition additional breathing room to finalize same prior to the new extension date. The e-Council Inc. team is following the process closely and will be ready to act on behalf of our clients the moment the revised legislation is enacted.
Building a wall along the U.S. southern border has been a linchpin Trump’s platform. However, in his first interview as President-elect (on CBS’s 60 Minutes) he appeared to soften his stance, stating that the wall could, in fact, be “part fence.” It’s highly likely that addressing illegal immigration will be one of his first priorities.
We can assume that changes to corporate immigration are likely to follow. Change rarely happens quickly, though, and the fact that anticipated debate on specifics, costs, and detailed plans would be followed by the laborious process of Congressional approval means that any changes to corporate immigration will most likely occur over a very extended timetable. That being said, it does make sense for those who are eligible to “get the ball rolling” sooner rather than later. “There is no time like the present to file petitions and take action,” notes e-Council Inc. founder Lauren Cohen. “Although we are confident that a Trump administration will be favorable to business immigration, there are too many unknowns to risk waiting.”
If you are considering an EB-5 application or any other type of business visa, or have any questions about which visa is right for you or your family or team members, please contact us for more information. Whatever the future holds, our expertise will guide you to the right decision and then through the process – with our concierge, turnkey services to provide peace of mind and a successful outcome. Call 1.866.724.0085 or inbox us at Info@eCouncilInc.com.
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