Webinar: “Trump 2.0: Tuesday Updates With Guest Zach Ahlstrom”

Transcript:

Hello everyone. Welcome, and thank you for joining us for another Trump 2.0 webinar. Today I have a bunch of updates for everyone. We are going to go through some of the current policy changes that we’re seeing, a general update on some of the enforcement activity we’ve seen, particularly in Minnesota, and we’re going to talk about the upcoming H-1B lottery.

This is a very hot topic, as the lottery registration period is going to open up in less than a month. We’re also going to talk about some changes to the naturalization process, some trends we’ve seen with visa processing in general, and E visas for Canadians in Toronto. We have a bunch of updates for you, so stay tuned.

To start, let’s dive into what’s going on with Trump and border enforcement, and the general enforcement tactics we’ve seen inside the United States as well. I’m sure everyone has seen the news, but the latest update is that senior Trump administration officials are going to testify before the House Committee on Homeland Security amid mounting controversy over aggressive interior enforcement operations.

Testifying officials include Todd Lyons of ICE, Rodney Scott of Customs and Border Protection (CBP), and Joseph Edlow of USCIS. Lyons, in particular, is expected to face sharp questioning over the aggressive tactics that ICE has been deploying throughout the United States, as well as a leaked memo authorizing ICE officers to enter homes without a judicial warrant.

This is very controversial. It was an unprecedented departure from longstanding ICE policy and Fourth Amendment protections. We expect a lot of scrutiny and intense questioning around this. In general, ICE operations have been ramped up over the last few months, and now the leaders of these agencies responsible for those operations are going to go before Congress and face questioning.

Alright, moving into the upcoming H-1B lottery. This is very exciting. The H-1B season is an opportunity for employers to sponsor highly specialized professional employees in the United States.

A little context about the H-1B in general: the H-1B visa allows for the temporary employment of foreign workers in what the government calls a specialty occupation. A specialty occupation is a position that requires a bachelor’s degree as a minimum entry requirement.

The H-1B lottery is capped annually, with only 85,000 new H-1B visas available each year. Historically, demand for H-1B visas far exceeds the number available. Because of that, the government conducts an annual lottery, which is held in March and April.

This year, the registration period opens on March 4 at 12:00 PM Eastern Time and closes on March 19 at 12:00 PM Eastern Time. During this period, employers that want to sponsor foreign nationals for specialty occupations can create an account with USCIS, pay the $215 registration fee, and register any foreign nationals they wish to sponsor for an H-1B visa.

Once the registration period closes, the government conducts a lottery. Only individuals selected in the lottery are eligible to file an H-1B petition with USCIS. That means the vast majority of individuals registered in the lottery will not have the opportunity to file an H-1B petition.

Historically, over the past several years, we’ve seen upwards of 500,000 to 700,000 registrations with only 85,000 visas available. That means the selection rate is very low. Those who are selected are eligible to file an H-1B petition, but approval is still required. If the case is approved, the earliest possible start date is October 1 of this year.

Now, there are some changes to the H-1B lottery this year that are worth discussing. There have been a lot of questions about the $100,000 fee that’s been in the news. This fee was imposed by the Trump administration, and there is also a new weighted wage-based selection system being implemented that will impact how individuals are selected in the lottery.

The selection process is no longer completely random. The higher the wage level and the more skilled the position, the more likely an individual is to be selected. Wage Level 1 receives one entry, Wage Level 2 receives two entries, Wage Level 3 receives three entries, and Wage Level 4 receives four entries.

In simple terms, if an individual qualifies under Wage Level 4 for that occupation in that geographic area, they will have a higher chance of selection compared to someone registered under Wage Level 1. This is a significant change to the H-1B lottery.

Historically, selection was random. Now there is a much more structured format for selection, which may result in fewer registrations and different outcomes. We don’t yet know the ultimate impact, but there are more parameters around the selection system this year.

Regarding the $100,000 fee, there is a lot of misconception about when it applies and who has to pay it. The fee is being challenged in court, and there is always a possibility it could be struck down, but for now it is in place.

The fee only impacts individuals who are outside the United States, have never held H-1B status, and are applying for the first time. It also applies to individuals inside the United States who choose consular processing after H-1B approval.

It does not apply to individuals inside the United States requesting a change of status, which will be the vast majority of H-1B beneficiaries. Employers do not have to pay the $100,000 fee.

Many H-1B registrants are students in F-1 status, often on OPT. For individuals requesting a change of status, the $100,000 fee does not apply. This is not limited to F-1 students—any individual with valid nonimmigrant status requesting a change of status is not subject to the fee.

While the fee will negatively impact individuals outside the United States or those pursuing consular processing, it does not affect everyone.

Alright, that covers the H-1B lottery changes. The registration period opens in less than a month, and now is the time to start preparing. We’ve already begun preparing clients and registrations. It’s never too early, especially given the history of technical issues with the USCIS registration system.

Moving on to changes to the naturalization system, USCIS has issued new policy guidance related to naturalization interviews and the assessment of good moral character.

Officers are now frequently going through applications line by line during interviews, asking applicants to verbally confirm each answer, including the security questions in Part 9. These questions cover arrest history, criminal history, immigration violations, selective service registration, and prior organizational involvement.

This approach is more tedious but not entirely new. We saw this under Trump’s first administration and even under prior administrations. Officers have broad discretion in how they conduct interviews.

The biggest change is how good moral character is being assessed. In the past, the focus was largely on the absence of negative factors. Now, officers are requiring applicants to demonstrate positive factors in addition to the absence of negative ones.

These positive factors include community involvement, family caregiving responsibilities, educational achievements, lawful employment, tax compliance, and length of U.S. residence. Negative factors are also receiving heightened scrutiny, making rehabilitation evidence more important.

We’re seeing delays, canceled interviews, and rescheduling, sometimes without explanation. The process has become more unpredictable and requires more preparation and documentation.

USCIS has also returned to allowing neighborhood investigations, where officers may contact neighbors, employers, or coworkers to assess good moral character. While we haven’t personally seen this used with our clients, it is permitted and may be used in cases involving negative factors.

Moving on to increased vetting of visa applicants, the Department of State has been directed to increase screening, including social media review and more detailed background checks.

In practice, we have not seen a significant increase in denials or refusals, which is positive. However, we have seen delays across all visa categories, with canceled and rescheduled appointments, particularly in countries like India and Canada.

Social media screening is actively reviewed for H-1B, H-4, F-1, J-1, and M-1 applicants, and it may extend beyond those categories. Visa officers face real consequences if they issue visas that later result in violations, which adds pressure to the adjudication process.

Turning to travel bans, there are currently bans in place for several high-risk countries. While there are exceptions for dual nationals, we are seeing increased scrutiny, delays, and requests for evidence, even for individuals already in the United States.

Nationality is being used as a negative factor in some cases, requiring applicants to demonstrate additional positive equities. This has had an overarching negative impact, even for dual nationals who qualify for exceptions.

Lastly, a quick update on E visa adjudications in Toronto. Historically, this process was predictable, but over the past few months it has become far less so. Appointment availability has been limited, with cancellations and rescheduling pushing interviews back by months.

We’ve also seen more chaos outside the consulate, with inconsistent line management. Because of this, we’re advising clients to arrive early to assess the situation on the day of their appointment.

Despite these issues, E visas remain open for business. Requirements and scrutiny levels remain largely unchanged, and they continue to be an excellent option for eligible applicants.

Despite the media coverage and increased enforcement, legal business immigration is still very much moving forward. People are still applying for TNs, L-1s, H-1Bs, and green cards every day, and cases continue to move along.

That concludes today’s webinar. We host these Trump 2.0 webinars every month and regularly share updates on social media. If you have questions or want to discuss immigration options, please don’t hesitate to reach out.

Thank you everyone for joining us today.