3 Ways President Biden Will Change U.S. Visa Rules
The inauguration of Joe Biden as America’s 46th President will come with significant implications for U.S. visa rules. In this post I outline 3 significant ways that President Biden is likely to change U.S. visa rules.
Ending Trump Executive Orders
During the campaign, President Biden explicitly promised to reverse the policies set forth by President Trump and it is reasonable to assume that much of this will be done by executive order within his first 100 days. In particular, restrictions on visas for economic reasons (H, L, J restrictions) and country specific national security related travel restrictions (the so-called “Muslim Ban”) will be quickly reversed. Additionally, refugee, asylum, and border policies implemented by the Trump Administration will also be reversed to a pre-2016 state.
Changing State Department and USCIS Guidance
Less public, but nevertheless significant, was guidance crafted by Trump’s State Department and Department of Homeland Security to reduce the number of visas issued, reduce the number of petitions approved, and reduce the number of adjustments and naturalizations granted. Expect this guidance to be reversed, most likely back to pre-2016 levels initially. These changes will not come as quickly as the executive order recessions since Senate-confirmed political leadership will first need to be in place.
Rescinding the Public Charge Rule
The Biden campaign pledged to reverse the Department of Homeland Security’s public charge (INA 212(a)(5)(a) ineligibility) rule. This rule says a person is ineligible to receive a visa if the US government thinks that person is likely to rely on public assistance programs (like Temporary Assistance for Needy Families) once in the United states. Expect them to do this once political leadership is in place. Unlike executive orders and guidance, this will need to go through a public notice and comment process, which will cause the reversal to take time to complete. It may also be challenged in court upon completion or an attempt may be made to undo it through the Congressional Review Act should Republicans retake the House following the 2022 midterm elections.
Anything Else?
The Biden campaign’s other pledges on immigration and visas either require Congressional action or have not been fleshed out in enough detail to speculate accurately. It is highly unlikely that a divided Congress will pass meaningful immigration or visa reform. Any modifications to the system will have to be done under existing authorizations or with executive authority. Keep on eye on this blog for any updates.
If you want to know how these or any other changes will impact your visa application, request a service from The Visa Officer to get the guidance you need to apply with confidence.