If Trump becomes president as a result of the 2024 elections, there could be prominent changes to immigration policies in the U.S.  He could continue his previous policies of limiting legal and illegal immigration. Knowing exactly what will happen is just speculation based on his previous initiatives. However, if we see the previous term, we can speculate the potential outcomes for employment-based immigration and international students. 

EB2-NIW Applicants

• Increased Scrutiny for Employment-Based Visas: During the last term of Trump’s presidency, employment-based immigration policies were strict.  The rates of rejection were high and the rules were stricter for H-1B and EB categories. The evidence requests (RFEs) were high and had a longer processing time in the case of the EB2-NIW visa category. USCIS could change the requirements of guidelines regarding the assessment of qualifications. There could be strict rules about measuring the potential contribution of candidates to the U.S. economy. 
• Restrictions on Visa Numbers: The Trump government has been the advocate of keeping the immigration number low. Their policy also affects employment-based visas such as EB-1 and EB-2. Due to less number of visas allocated, the people of countries like India and China, have to face longer waiting periods.  
• Extended Processing Delays: The Trump administration reduced the number of staff and lowered the funds for immigration services, thus increasing the time for visa processing, labor certification and green cards. 

Implications for International Students

• Tighter OPT and STEM OPT Rules: There could be further restrictions on the optional training program (OPT), that makes it possible for the students to work after completion of their education. Trump’s earlier term considered limiting STEM OPT opportunities at third-party worksites. Due to such restrictions and complexities, employers would not prefer international graduates. 

• Stringent Compliance Requirements: There are chances that the Trump government will make F-1 visa requirements more strict, and there could be changes to illegal presence regulations. Students would be extremely cautious in following the rules regarding timely filings for extensions and keeping up the full-time enrollment.  

• Potential Minimum Wage Hikes for H-1B: There could be possibilities of an increase in the minimum wage amount for H1-B visa holders. It could affect the students moving from OPT to H-1B. Such policies could make employers less willing to hire international individuals. 

Broader Trends:

Immigration platforms under the Trump government, give preference to their citizens, make legal immigration channels more strict, and ease actions against undocumented immigrants. It could lead to more requests for evidence (RFEs), high levels of adjudication, and difficulties for EB2-NIW candidates to prove their eligibility. Students might also face challenges in grabbing work opportunities.  

Will This Lead to Denials?

Strict policies are not meant to increase the denial rate but they could impact and increase the burden of administration. Candidates can prepare well for the review process and build up their case.  

Key Takeaways for Prospective Applicants

• Make sure that your documents meet the USCIS requirements to avoid waiting too long.
• Under new government and administration reforms can take place rapidly so it is advisable to be in touch. 
• You can hire a legal expert who specializes in immigration to make your journey easier.

It is not certain what would be the policies of the Trump government regarding immigration. But, preparing beforehand for a strict environment would be beneficial to lower the risk. For EB2-NIW candidates or those studying in the U.S., strong proof and compliance will be necessary if immigration policies change.