With President Trump back in the White House as of January 2025, immigration lawyers, employers, and families are bracing for a wave of policy changes that could slow down the processing of visas, work permits, green cards, and even basic immigration records.

The first Trump administration (2017–2021) was defined by increased scrutiny, expanded requirements, and systemic bottlenecks that doubled case backlogs in just a few years. Many of those changes came not from new laws but from administrative shifts — subtle policy changes that had massive ripple effects on processing times.

Now, many of the same themes — extreme vetting, additional interviews, expanded biometrics, and reduced legal immigration — are already on the table for Trump 2.0. And this time, they may be implemented faster because the playbook already exists.

At Reddy Neumann Brown PC, we’ve spent years litigating against unreasonable delays across nearly every immigration category, from H-4 and L-2 EADs, to green card adjustments, visa administrative processing, and FOIA records requests. We know the patterns, we understand the pain points, and we’re already preparing clients for what’s ahead.

What We Learned from Trump 1.0: The Blueprint for Delays

During Trump’s first term, USCIS and the State Department implemented sweeping administrative changes that slowed processing — without needing to pass new legislation. Because these were policy shifts rather than statutory changes, they can be reinstated quickly.

Some of the most impactful delay drivers were:

• Mandatory Interviews for More Cases – In Trump 1.0, all employment-based green card applicants were required to attend in-person interviews, even for low-risk cases. Field offices that were already busy became overburdened, and interview scheduling delays rippled across all case types. This led to longer adjudication despite record staffing.
• Biometric Appointments for Nearly All Applications – Beginning in 2019, H-4 and L-2 spouses applying to extend their status were required to attend fingerprinting appointments. This added many months to what had once been straightforward renewals.
• Decoupled Dependent Processing – Spouses and children’s applications were processed separately from the principal worker’s case, creating gaps in status and work authorization. Families often faced months where the principal was authorized to work but dependents were not.
• Expanded Security Screening – Background checks became more invasive and frequent. In some cases, applicants were asked for additional documents multiple times or had their social media accounts reviewed before a decision was made.
• Suspension of Visa Interview Waivers – Even simple renewals that could have been processed by mail required in-person interviews at U.S. consulates abroad, leading to long wait times for appointments.
• Policy Shifts Removing Deference to Prior Approvals – Applicants who had been approved for years suddenly had to reprove eligibility from scratch, which increased RFEs, denials, and appeals.

Under the Biden administration, many of these policies were rolled back or paused to improve processing times. But because none of these rollbacks were codified into law, they could be undone with the stroke of a pen — and history suggests that they will be.

The Trump 2.0 Delay Forecast: What to Watch

While the exact timing and scope of new policies remain to be seen, Trump’s campaign statements and early administrative signals point toward a return to a more enforcement-heavy and process-intensive system.

We expect to see:

1. Return of Extreme Vetting – Broader background checks, longer inquiries, and additional forms for both immigrant and nonimmigrant visas. Applicants should expect to provide more personal, financial, and professional documentation than before. We have already seen an increase in biometrics requirements that are sent for I-129 and I-140 petitions, some even when the individual has been outside the United States.
2. Potential Expansion of Travel Bans – Targeting more countries and possibly entire visa categories. These bans can create sudden, indefinite delays. We have already seen some travel bans implemented.
3. Reinstated Biometrics for I-539s – If reinstated, fingerprinting requirements for dependent extensions could add months to processing times.
4. Removal of interview waivers for visa stamping – We have already seen the administration remove most interview waivers (Dropbox) for visa stamping. This will likely lead to increased delays at consulates.
5. Increased Worksite Enforcement – More I-9 audits, surprise site visits, and investigations aimed at employers who sponsor foreign workers.
6. Expanded In-Person Interview Requirements – More applicants could be called in for in-person interviews at USCIS or consulates, even for straightforward cases.

Preparing for Delays: A Category-by-Category Guide

H-4 EAD and L-2 Visa Holders

We have started to see a return to the government decoupling I-539/I-765 forms from the I-129.While the processing time has started to increase, we have not seen it hit the delays it did in 2019. However, if biometrics return along with the decoupling, spouses could again face multi-month gaps in work authorization. For households dependent on two incomes, this can be financially devastating.

Preparation tips:

• File EAD renewals at the earliest allowable date — generally six months before expiration.
• Maintain employment verification documents such as pay stubs and HR letters for possible expedited requests.
• Watch for changes to automatic extension rules and adjust filing timelines accordingly.
• If your case is pending for a long period of time without a decision, talk to an attorney about APA delay lawsuit or writ of mandamus (also called a WOM in some informational forums) litigation. This is something our firm has tremendous experience in, and while we are hoping it is not needed the way it was in 2019, we are prepared to file these lawsuits if it comes to it.

I-485 Adjustment of Status Applicants

The green card adjustment process is slow in the best of times. Under Trump 1.0, additional interviews and extended security checks pushed some cases past the two-year mark. Delay litigation for I-485 delays is not without hurdles, but the current trends are doing well. It is important to talk to an experience immigration attorney who has experience in APA delay litigation (or writ of mandamus or WOM depending on the forum you are searching in) that can discuss the pros and cons of these lawsuits. Taking steps to compel an adjudication can help get you off the roller coaster that is the visa bulletin. So consider taking steps once you become current!

Preparation tips:

• Confirm your priority date is current before considering litigation.
• File for EAD and Advance Parole at the same time as your I-485 for maximum flexibility.
• Keep civil documents, employment letters, and financial evidence up to date in case of RFEs.
• Engage an attorney early to plan ahead for possible delay litigation. There is no “one size fits all” answer to delays. In some cases, a delay under a year might be unreasonable given the certain circumstances. In many cases, we might suggest waiting until it is beyond a year. It really depends on unique situations.

EAD and Advance Parole Applicants

These benefits allow you to work and travel while awaiting permanent residency. Delays in 2020–2021 often stretched beyond 12 months. This can cause gaps in work and travel that can significantly impact

Preparation tips:

• Apply early — ideally 180 days before expiration.
• Keep your passport valid for at least 18 months to avoid secondary issues.
• If your EAD or AP is stuck, delay litigation (or writ of mandamus or WOM depending on the litigation forum you are searching in)  is an option to compel USCIS to act.

Visa Applicants in 221(g) Administrative Processing

This is where cases often disappear into “security check” limbo. Some applicants in Trump 1.0 were stuck for years.

Preparation tips:

• Respond to consular document requests immediately.
• Keep a complete record of all correspondence.
• This is one of the most difficult cases to litigate in a delay or mandamus action because of some of the case law out there. However, it is not impossible, it just requires strategy and understanding. You should contact an experience immigration attorney who has worked on these cases.

FOIA Requestors

FOIA delays can block you from accessing your own case history, which is often critical for preparing future applications or defending against denials. DHS has historically not followed the mandatory timeline for FOIA production.

Preparation tips:

• File early, even if you don’t have an immediate need.
• Track request dates and follow up regularly.
• If your FOIA is pending beyond 30 business days, litigation can compel a response — and may allow recovery of attorney fees.

How to Plan for Delays in 2025

The difference between navigating delays successfully and being blindsided often comes down to preparation. Whether you’re an employee, an employer, or a family member, taking action early can make the difference between a manageable delay and a career or status crisis.

1. File Early

The earlier you file, the more cushion you give yourself if processing times spike. For EADs and APs, that means applying as soon as the window opens (usually 180 days before expiration). For status extensions and green card filings, it means tracking your dates and planning months ahead. Filing early not only builds a time buffer but can also put your application ahead of a surge caused by new policies.

2. Consider Litigation Proactively

You do not have to wait for your case to hit “outside normal processing times” to take legal action. Federal courts apply a reasonableness standard, which often means you can act months earlier than you think. Delay lawsuits (or mandamus lawsuits if you prefer to call them) can be especially effective when a delay is causing job loss, inability to travel, or risk to status. Thinking about litigation early allows you to prepare evidence and strategy before the situation becomes critical.

3. Prepare Files for the Outset of Litigation

If litigation becomes necessary, speed matters. Having a well-organized file from day one means your attorney can file quickly and effectively. Keep copies of all filings, receipts, correspondence, and evidence of the harm the delay is causing (e.g., loss of income, missed job offers, family separation). This documentation is crucial in showing the court that your case deserves immediate attention and that the delay is causing real-world consequences.

Why You Don’t Have to Wait for “Normal” Processing Times

A big misconception is that you must wait until posted USCIS or State Department timelines expire before suing. Courts don’t measure delay by agency timelines — they measure by what’s reasonable under the circumstances. There is some great case law out there about how processing time does not dictate what is reasonable.

If you’ve been waiting many months without progress, and especially if the delay is affecting your ability to work, travel, or maintain status, you may have grounds to act even if the agency says your case is “on time.”

Our Experience: Why Reddy Neumann Brown PC is Ready for 2025

We have litigated delay cases across all major immigration categories impacted by Trump 1.0, including:

• H-4 and L-2 EAD renewals stalled for months.
• Employment-based green card I-485s that sat in limbo.
• EAD and Advance Parole (AP) that were delayed for months.
• Visa applicants trapped in extended administrative processing.
• H-1B delays that get stuck when premium processing is suspended.
• FOIA requests ignored far past legal deadlines.

Our approach focuses on preparation, speed, and strategy. By building a strong plan with our clients before litigation, we’re able to file quickly and often secure positive results (although each case is unique!)

The Bottom Line: Don’t Wait for the Backlog to Find You

Trump 2.0 is likely to bring back the enforcement-heavy, process-slowing style of his first term — and potentially add new obstacles. But you don’t have to be caught off guard.

• File early and keep documents current.
• Monitor policy changes closely.
• Act when delays become unreasonable.
• Use litigation as a tool to move your case forward.

Delays may be unavoidable in this political climate, but losing your ability to work, travel, or stay in status doesn’t have to be.

If your immigration application is stuck, Reddy Neumann Brown PC can help you assess your options — from service requests to federal court — so you can keep your life moving forward.

About Reddy Neumann Brown PC: Reddy Neumann Brown PC is a leading immigration law firm based in Houston, Texas, specializing in business and family immigration matters. Founded in 1997, the firm has decades of experience helping businesses secure work visas and permanent residency for their employees, as well as assisting individuals with all facets of U.S. immigration. Our attorneys combine deep legal knowledge with a client-focused approach, providing reliable solutions and up-to-date guidance in a complex and ever-changing immigration landscape.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.