Possible effects of the new Trump administration on US visas and US entry requirements

A return to stricter guidelines can be expected under the new Trump administration. This could include the repeal of the rule that allows USCIS officers to take into account previous (application) approvals, for example for L-1 extensions. This would mean that USCIS officers would have to re-evaluate applications without considering previous approvals, which could likely lead to more Requests for Evidence (RFE) and denials, even if workers are employed long-term with the same employer.

As already mentioned, a significant increase in RFEs is to be expected from the USCIS. This is likely to significantly increase the administrative burden for companies with locations in the USA, as additional documents and evidence will have to be submitted. At the same time, the processing times for USCIS petitions will be longer, which could affect both planning security and the timely recruitment of foreign skilled workers. In a worst-case scenario, increased RFEs could lead to a higher rejection rate, presenting companies with additional challenges, particularly when it comes to filling critical positions with qualified international professionals.

In addition, a reduction in staff at the U.S. Citizenship and Immigration Services (USCIS) is expected, which is likely to lead to delays in the processing of applications. Additional requirements, a possible reduction in staff and an increasing workload are likely to lead (once again) to delays in procedures and a backlog of USCIS applications.

With the possible introduction of stricter US immigration regulations, companies need to consider several aspects when their employees apply for US visas or enter the United States. Here are some basic recommendations to help you make the process go smoothly:

1. Compliance with regulations: Keep up to date with current visa requirements and restrictions that affect the deployment of staff in the USA. Ensure that all employees have suitable US visas and that all immigration law requirements are complied with on site in the US. Have us at your side as an experienced visa service provider and stay informed at all times.
2. Documentation: During visa application processes, ensure that complete and accurate documentation is submitted. A more stringent check can increase the likelihood of requests or refusals, which is why proper documentation is essential. We are happy to support you or your staff with the visa application process. Benefit from our many years of experience and specialization.
3. Planning: Be prepared for longer processing times and plan important visa application procedures well in advance. Please also note that there may be longer waiting times for appointments, general delays in application procedures (including extension applications) and more intensive verification.
4. Employee communication: Inform your employees about possible restrictions and prepare them well for their interview appointment and / or entry into the USA. Ensure compliance with immigration law regulations. Again, we support you or your company and your employees in all immigration matters.

Companies should prepare for the potential changes at an early stage and react flexibly to new requirements. How, when and in what form which measures will take effect is not yet foreseeable. As mentioned, there were already significant hurdles in the visa application process during Donald Trump's first presidency, but the majority of applicants were still able to obtain a visa if they were well prepared.

We provide our customers with advice and support in order to successfully overcome potential challenges.