It is widely anticipated the current administration will publish as many final regulations and extensions of proclamations as possible before January 20th to make longer-lasting policy changes.
The American Immigration Lawyers Association (AILA) has outlined their predictions regarding employment-based immigration policies:
Presidential Proclamations and Executive Orders are some of the easiest and quickest actions an administration can take. However, they can also be easily revoked by an incoming administration.
Typically, on day one, a new Administration will issue a memorandum to the Executive Branch ordering that they will:
- Not send any proposed or final rules to the Office of Federal Register;
- Withdraw any rules pending at the Federal Register; and
- Automatically postpone any rules that have not yet taken effect by 60 days.
The ability to finalize regulations is dependent upon how far the rule is in the implementation process, and the Administration's priority of specific immigration policy goals. Currently, there are rules which have: been set aside by court orders; are still in the rule-making process, but are not yet finalized; or rules which are in the finalization process with the, OIRA, the Office of Information and Regulatory Affairs (White House).
Do you need help navigating legislative actions for your immigration program? Find out more about what our full service team can do to help your company.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.