As immigration lawyers who focus on employment-based visas, we know how stressful new executive orders can be for people living in the U.S. on temporary visas. These new rules bring big changes and extra challenges for those who are following the law but now face more scrutiny and shifting policies. In this article, we’ll break down what’s happening and how these changes might affect legal nonimmigrants living or traveling in the U.S.

Key Executive Orders and Their Provisions

1. Protecting the Meaning and Value of American Citizenship
   This directive redefines birthright citizenship in the United States. Under the executive order, children born in the U.S. will not automatically receive citizenship if both parents fall into the following categories:
   • The mother was unlawfully present in the U.S. at the time of birth, and the father was neither a U.S. citizen nor a lawful permanent resident.
   • The mother was in the U.S. on a temporary visa (e.g., tourist, student, or work visa), and the father was neither a U.S. citizen nor a lawful permanent resident.

For example, a child born to parents both on H-1B visas or a combination of H-1B and F-1 visas will not automatically acquire U.S. citizenship under the new rules. However, children born to one parent who is a U.S. citizen or lawful permanent resident will still be granted citizenship, irrespective of the other parent’s immigration status.
This policy takes effect 30 days from the issuance of the order and applies only to children born after this date.
Effect on Nonimmigrants: Nonimmigrant families planning to have children in the U.S. should be aware of this policy and its implications. Ensuring clarity on the legal status of parents before the birth of a child is critical for understanding whether the child qualifies for U.S. citizenship. Families in these situations may need to carefully consider their future plans in light of this policy.

1. Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
   Signed on January 20, 2025, this executive order emphasizes enhanced vetting and screening procedures for foreign nationals. Federal agencies are tasked with identifying resources to ensure maximum vetting and determining information required from foreign governments to adjudicate visas. Countries with deficient vetting procedures may face partial or full suspension of admissions, impacting individuals from those regions.
   Effect on Nonimmigrants: Legal nonimmigrants might experience increased scrutiny during visa applications and renewals. Those traveling abroad, especially from flagged countries, should anticipate potential delays or additional requirements. It is critical to maintain accurate and up-to-date documentation to navigate these changes.
2. Guaranteeing the States Protection Against Invasion
   This order reinforces border security measures, including military deployments and expanded physical barriers. While primarily targeting unauthorized immigration, these efforts will also result in heightened security protocols at ports of entry.
   Effect on Nonimmigrants: Legal nonimmigrants may encounter longer processing times at borders due to stricter inspections. Travelers should ensure all travel documents, including valid visas and passports, are readily available to facilitate smoother entry.
3. Protecting the American People Against Invasion
   Revoking several prior executive orders, this directive mandates full enforcement of existing immigration laws against inadmissible and removable aliens. It also prioritizes the prosecution of immigration-related offenses, including unauthorized presence.
   Effect on Nonimmigrants: Although primarily aimed at individuals unlawfully present, the order underscores the importance of maintaining valid status. Legal nonimmigrants must adhere strictly to the terms of their visas and keep thorough records of their legal presence to avoid inadvertent violations.
4. Securing Our Borders
   This order mandates constructing additional physical barriers and deploying personnel to secure the U.S.-Mexico border. Policies like “Remain in Mexico” for asylum seekers are also reinstated.
   Effect on Nonimmigrants: Legal nonimmigrants might experience indirect effects, such as increased scrutiny at entry points. Ensuring compliance with visa requirements and staying informed about changes in border policies will be essential for travelers.
5. Realigning the United States Refugee Admissions Program
   The U.S. Refugee Admissions Program (USRAP) has been suspended until it aligns with national interests. Decisions on refugee status applications are halted except in exceptional cases.
   Effect on Nonimmigrants: While this order primarily affects refugees, the broader focus on immigration policy may lead to increased vigilance affecting all foreign nationals. Legal nonimmigrants should remain vigilant and ensure compliance with visa requirements.
6. Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States
   This order expands the military’s involvement in securing U.S. borders, directing U.S. Northern Command to develop plans for border protection.
   Effect on Nonimmigrants: Military involvement may result in rigorous inspections at borders, potentially affecting entry and re-entry processes for nonimmigrants. Carrying all necessary documentation and adhering to visa conditions are crucial steps to mitigate complications.
7. President Trump’s America First Priorities
   These priorities include immigration reforms, energy independence, government restructuring, and cultural policies. They propose ending catch-and-release policies, reinstating the “Remain in Mexico” program, and boosting domestic energy production.
   Effect on Nonimmigrants: Legal nonimmigrants may experience indirect effects, such as enhanced vetting and stricter visa renewal processes. Additionally, reforms in federal hiring may influence job prospects for nonimmigrants in government roles.

Tips for Legal Nonimmigrants

With all the recent policy changes, it’s important to stay on top of things and protect your status. Here are some simple steps to help you avoid unnecessary hassles:

• Keep Your Documents Up to Date: Make sure your visa, passport, and other important papers are valid and easy to find. Always keep copies of things like your I-94 and work authorization documents, just in case.
• Stay in the Loop: Keep an eye on any updates to immigration policies that might affect you or your travel plans.
• Follow the Rules of Your Visa: Stick to what your visa allows—no unauthorized work, no overstaying, and no activities that could put your status at risk.
• Plan Travel Wisely: If you’re traveling abroad, give yourself plenty of time for any visa renewals and be ready for possible delays. Double-check you’ve got everything you need to get back into the U.S. smoothly.

By staying prepared and proactive, you can handle these changes with less stress!

Even though the recent executive orders mainly focus on illegal immigration and national security, they can still affect legal nonimmigrants by adding more scrutiny and changes to policies. Staying informed and following the rules of your visa can help you avoid problems and handle these changes with confidence. At Reddy Neumann Brown PC, we’re here to support you through it all and make sure your rights and opportunities stay protected.

By : Rahul Reddy

Rahul Reddy, a seasoned lawyer in the realm of employment-based immigration, is the founding partner of Reddy Neumann Brown PC With an impressive career spanning over 28 years, he inaugurated the firm in 1997, bringing a wealth of knowledge and a unique perspective to the intricate landscape of immigration law.

Rahul’s understanding of the complexities inherent in the immigration system is vast and nuanced, making him an indispensable resource in this specialized field. This comprehensive expertise, coupled with his personal encounters with the immigration system, has imbued him with a profound empathy for his clients. Each case he undertakes is informed by this personal connection, as he understands the unique challenges and aspirations that drive individuals to navigate the immigration process.

Passionate and committed, Rahul is driven by a desire to assist others in realizing the quintessential American Dream. His mission, underpinned by years of professional experience and personal insight, remains focused on providing excellent legal support to those seeking employment-based immigration solutions.