With the Trump administration’s inauguration in January 2025, both immigrants and employers are now curious about how future policies could impact EB-2 and EB-3 visas. Work-based visas through which skilled and unskilled workers come to America. Knowing how things may change can help applicants prepare for and navigate the process.
The Law Office of Olena Manilich prepares the common facts that every applicant should know. We are hoping you can find useful information in this blog post and it can prepare you for upcoming changes.
What Makes EB-2 and EB-3 Visas Unique?
The EB-2 is for those with an advanced degree or exceptional abilities. It also covers the National Interest Waiver (NIW) option, where applicants do not have to go through the labor certification process if their work is in the national interest. On the contrary, the EB-3 visa helps skilled workers, professionals, and unskilled workers qualify to meet certain conditions. Both categories usually need a job offer from a United States employer except when someone files an NIW under EB-2.
If you are undecided as to which visa category is most appropriate for you and your credentials, our team of lawyers can walk you through the decision-making process, and assist you in identifying.
How Trump Might Change These Visas
The Trump administration is known for its restrictive policies on immigration, so potential alterations to EB-2 and EB-3 visas are very real. The Department of Labor, for example, may tighten labor certification requirements to ensure that employers prioritize U.S. workers. More rigorous audits could also slow down applicants and make the process more complicated.
Those eligibility requirements may also change. For example, the administration could give preference to applicants in STEM fields while making it more difficult for others to qualify. It may also make it more difficult for some applicants to be approved under the EB-2 visa by changing the criteria for “exceptional ability.”
Processing times may take longer as a result of added administrative processes. Candidates from countries like India and China, where demand is already high, could see even bigger backlogs. If you’re worried that these potential delays might also happen to your application, we suggest reaching out to us to find out how to strengthen your application and avoid the most entry-level mistakes.
How Applicants Can Prepare
The best way to never be caught off guard is to prepare for the unknown. Begin with collecting extensive documentation like qualifications proof, job offers, or evidence of exceptional accomplishments. For EB-2 NIW applicants Make sure to prove how your work presents a benefit to U.S. national interests. The stronger your case, the greater your chances of prevailing.
Having an experienced immigration attorney with you can significantly help. The Law Office of Olena Manilich has years of experience in guiding applicants through the complicated visa process. We will help you to make an effective case and tackle the challenges that arise. Schedule your consultation today to find out how we can help you.
Stay Informed and Adaptable
Immigration laws can change overnight—so staying up to date is key. Stay updated by following U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor. Beginning your application early can also prevent unnecessary delays.
You may want to think about other visas in anticipation of whether this EB-2 or EB-3 route becomes more limited. Those with extraordinary abilities may benefit from the O-1 visa, while those in specialty occupations may find the H-1B visa is the best fit. We will work with you to look at every option so that you can find the right path forward for you. Reach out to us to discuss your immigration needs.
Conclusion
Now that the Trump administration’s policies toward EB-2 and EB-3 visas are still undecided, early preparation and maintaining current information can assist you in dealing with changes. Engaging a trusted immigration attorney can greatly improve your chance of success while preventing potential pitfalls. The Law Office of Olena Manilich can help you. Take a look at our legal services or book a consultation now to begin your path.
