During the presidential campaign, Donald Trump promised voters that immigration, together with jobs and health care, would be at the top of his agenda. More recently, President-elect Trump has stated that his immigration plan will focus on increased enforcement and protecting U.S. workers. The extent to which these two initiatives impact business immigration will depend on how the Trump administration reconciles its desire to attract and retain the best and brightest foreign talent with its pledge to protect the interests of middle and working class Americans. As a result, employers who hire foreign workers will need to adapt quickly in order to remain compliant and meet business objectives.

Protecting U.S. Workers

Trump has asserted plans to “establish new immigration controls to boost wages and to ensure that open jobs are offered to American workers first” while simultaneously voicing support for immigration programs that attract and retain highly skilled workers in shortage occupations (such as advanced degree engineer and science professionals). However, provisions that are deemed to negatively impact U.S. worker wages or job prospects will be at risk of rescission, such as the March 2016 Department of Homeland Security rule (81 Fed. Reg. 13039) allowing STEM students to apply for an additional two years of work authorization, which extends the one year of work authorization granted to most foreign students.

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