President Trump signed over a dozen Executive Orders (EOs) and Presidential Memoranda on his first day in office. The most common theme was a focus on illegal entries at the Southern border, but several of the EOs will also have significant impacts on employment-based immigration.
Among these are the following:
Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats: among other provisions, this EO requires that the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall:
- “Within 60 days of the date of this order… submit a report… identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries” and “Whenever information is identified that would support the exclusion or removal of any alien [who is a national from those countries admitted into the U.S. on or since January 20, 2021] the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien”
- “ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible [and] re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind.”
Notably, the report could be issued on or before 3/21/2025, and the resulting “travel ban” could have immediate effect on nationals of designated countries (denial of admission even if a foreign national has a valid visa or other travel document). Extreme screening and vetting of all foreign nationals could involve reinstituting or introducing biometrics and interview requirements, and increased visa wait times and post interview administrative processing by US consulates. In addition to delays at consulates, there could be an increase in USCIS processing times; both due to increased vetting and the federal hiring freeze.
Protecting The American People Against Invasion: among other provisions, this Executive Order calls for sanctions against “recalcitrant countries” that delay “acceptance of their nationals who are subject to removal from the United States” – these sanctions could include denial of visas to nationals of those countries. A 2020 list of such countries included Bhutan, Burundi, Cambodia, China, Cuba, Eritrea, Hong Kong, India, Iran, Iraq, Laos, Pakistan, and Russia. An updated list may be issued with no notice, and the list of nationalities is subject to change.
America First Trade Policy: among other provisions, this memorandum calls for the United States Trade Representative to:
- prepare for the July 2026 review of the United States-Mexico-Canada Agreement (USMCA, previously NAFTA), to “assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement” – USMCA provides for TN status for Canadian and Mexican citizens and its revision could affect TN occupational categories and eligibility criteria.
- “review existing United States trade agreements” – revision of other trade agreements could affect Singapore-Chile H1B1s, Australian E3s, and foreign nationals of the many countries that have a treaty for trade and commerce with the U.S. allowing for E1/E2 visas.
America First Policy Directive To The Secretary Of State: among other provisions, this directive states that American foreign policy shall be to put “American citizens first” and could be interpreted in a similar way to the 4/21/2017 “Buy American and Hire American” Executive Order from the first Trump administration, which involved criticism of H-1B petitions filed under the two lower wage levels as unfair abuse, and was implemented by USCIS and other agencies by expanding anti-fraud investigations and requiring additional justification that approval of a visa petition or admission would not harm or displace US workers.
