We predict no immediate after-effect to Donald Trump’s election to the United States presidency in the sense of immediate change to law or policy affecting foreign workers who are currently lawfully present in the United States. The existing laws, regulations and policies of the United States will remain in effect.
President-Elect Trump has indicated that, once sworn in, he may take immediate action to terminate two of President Obama’s earlier Executive Actions: authorizations for Deferred Action for Childhood Arrivals (DACA) and Discretionary Prosecution for removal. Only time will tell whether a Trump Administration actually takes those immediate actions. But none of these areas impact foreign nationals lawfully present in the United States under work visas, or pursuing lawful employment- or family-based immigration (e.g., H-1B or L-1 workers, or those seeking immigration via PERM, etc.).
With regards to changes that may be made to the legal immigration system, any significant changes would require a change to either (1) the Immigration and Nationality Act, as passed by Congress, or (2) regulations as promulgated in the Code of Federal Regulations. Changes to federal statutes require congressional action, which takes time. Changes to regulations require “notice and comment” periods under the Administrative Procedures Act, and this also takes time. In short, for the most part, the legal immigration system will not be immediately impacted, if it will be impacted at all.
Jackson & Hertogs is following this issue closely in conjunction with the American Immigration Lawyers Association (AILA), and will post updates as news develops.
