With Donald Trump’s return to the White House, significant shifts in U.S. immigration policy are expected. During his first term, the Trump administration took a hardline approach to employment-based immigration, implementing policies aimed at reducing the number of foreign workers in the U.S. and prioritizing U.S. citizens for jobs. While his second term is likely to continue this trend, certain employment-based visa programs are expected to remain largely unchanged, though they may face increased scrutiny and regulatory adjustments.

Here’s an overview of the key U.S. employment-based visa categories that are likely to stay in place during Trump’s second term:

1. H-1B Visa (Specialty Occupations)
The H-1B visa, one of the most well-known employment-based visas, allows U.S. employers to hire foreign workers in specialty occupations that require at least a bachelor’s degree or its equivalent. The Trump administration introduced stricter rules around the H-1B visa during his first term, focusing on reducing fraud, limiting abuse, and ensuring that U.S. workers were prioritized.

What to Expect:
The H-1B program is expected to remain, but it will likely face even more stringent enforcement. There may be heightened scrutiny of visa applications, particularly from tech companies and outsourcing firms. Additionally, it’s possible that the lottery system for H-1B visa allocation could become more restrictive, with a focus on applicants with advanced degrees or high-paying job offers in fields like science, technology, engineering, and mathematics (STEM).

2. L-1 Visa (Intracompany Transfers)
The L-1 visa allows multinational companies to transfer employees from foreign branches to their U.S. offices in managerial, executive, or specialized knowledge roles.

What to Expect:
While the L-1 visa will remain available, expect continued scrutiny around the definition of “specialized knowledge” and “managerial” roles. The Trump administration had previously targeted L-1 visa holders from certain industries, particularly in the tech sector, and this trend is likely to continue. Companies seeking to use the L-1 visa will need to ensure that their transfers meet the stricter requirements set forth in recent years.

3. O-1 Visa (Individuals with Extraordinary Ability)
The O-1 visa is for individuals who can demonstrate extraordinary ability in their field—whether in the arts, sciences, education, business, or athletics. This visa remains one of the most popular for highly skilled professionals.

What to Expect:
The O-1 visa will likely remain a key pathway for talented professionals looking to work in the U.S. under Trump’s administration, but applicants may face additional hurdles in proving their extraordinary ability. The Trump administration previously introduced higher standards for evidence of exceptional talent, and those trends are expected to persist.

4. TN Visa (NAFTA/USMCA Professionals)
The TN visa allows citizens of Canada and Mexico to work in the U.S. in certain professional occupations, as stipulated under the United States Mexico Canada Agreement (USMCA), which replaced NAFTA.

What to Expect:
The TN visa is expected to continue in the same form under Trump’s administration, given his focus on trade agreements like USMCA. However, the Trump administration may emphasize tighter control over certain job categories eligible for TN status, particularly in light of broader immigration restrictions. As always, individuals seeking a TN visa must ensure that their occupation and qualifications meet the requirements outlined under the agreement.

5. E-2 Visa (Investor Visa)
The E-2 visa allows nationals of countries with treaties of commerce with the U.S. to enter the U.S. to invest in and manage a business.

What to Expect:
The E-2 visa is likely to remain a viable option for foreign investors and entrepreneurs. The Trump administration was generally pro business, and this trend is expected to continue. However, applicants may face more scrutiny in demonstrating the substantiality of their investments, especially as the administration may focus on policies to protect U.S. businesses and workers.

6. B-1/B-2 Visa (Business and Tourist)
While the B-1/B-2 visa is not directly an employment visa, many foreign nationals utilize it for short term business activities in the U.S.

What to Expect:
While the B-1/B-2 visa category is expected to remain, there may be increased scrutiny over its use, particularly for business visitors. The Trump administration has historically been focused on cracking down on visa overstays, and that focus will likely continue, with more robust enforcement to ensure that visitors are not overstaying their permitted duration.

7. Employment-based Green Cards (EB-1, EB-2, EB-3)

Employment-based green cards, including EB-1 (extraordinary ability), EB-2 (advanced degree or exceptional ability), and EB-3 (skilled workers and professionals) categories, offer a pathway to permanent residency for foreign workers.

What to Expect:
Employment-based green card categories are likely to stay in place under Trump’s administration, though policies could tighten, especially for EB-3 workers (e.g., skilled or unskilled labor). The Trump administration has previously pushed for a merit-based immigration system that favors high-skilled workers, and this may mean that applicants in the EB-3 category (for lower-skilled labor) could face longer waiting periods or reduced availability.

The EB-1 and EB-2 categories, which focus on highly skilled workers, are expected to remain robust, though applicants will need to meet even higher standards to prove their qualifications and value to the U.S. economy.

Potential Changes to Look Out For

Although many employment-based visa categories will remain, there are some areas where Trump’s second term could bring further changes:

Increased Visa Denials and Scrutiny: Expect stricter vetting and heightened scrutiny across many visa categories, especially those involving foreign workers in technology or other competitive industries.

Public Charge Rule Revisions: The Trump administration’s public charge rule, which made it harder for certain visa applicants to obtain green cards if they were deemed likely to rely on public assistance, could return with more stringent requirements.

Restrictions on H-4 Work Authorization: The H-4 visa, issued to spouses of H-1B workers, may see renewed efforts to limit work authorization for dependent spouses. While this issue was put on hold in recent years, it could resurface with increased policy focus.

Changes to the H-2A and H2B Programs: The H-2A (agricultural workers) and H-2B (nonagricultural workers) visa programs could see reforms aimed at reducing the number of foreign workers eligible for temporary visas, particularly for lower-wage jobs.

While Trump’s second term is expected to bring continued restrictions and scrutiny on employment-based immigration, the core visa programs for skilled professionals, intracompany transferees, and investors are likely to remain. However, applicants should expect more rigorous vetting, especially in sectors such as technology, and be prepared for potential changes to eligibility requirements, enforcement policies, and visa availability.

If you’re currently navigating the U.S. employment-based immigration system, or if you hold a visa or work authorization that may be impacted by upcoming policy changes, it’s more important than ever to stay proactive. Contact your immigration attorney today to ensure that your status is secure and to discuss any potential issues that could arise. Your attorney can help you understand the latest developments, anticipate challenges, and take the necessary steps to safeguard your ability to live and work in the United States under the new administration.