As widely anticipated, President Donald Trump’s first week in office has been eventful, with the issuance of several executive orders that tighten existing immigration policies and raise hurdles for foreign talent and their families.

The president’s America First Policy Directive to the Secretary of State order states that, “the foreign policy of the United States shall champion core American interests and always put America and American citizens first”. But what does this, and its sister orders, mean for migrants wanting to enter the US and those already there?

Birthright citizenship 

One of Trump’s most controversial orders seeks to end birthright citizenship, a right enshrined in the 14th Amendment of the US Constitution. 

The order would deny automatic US citizenship to children born in the US if the mother was unlawfully present in the US at the time of birth, and the father was neither a US citizen nor a lawful permanent resident; or if the mother was in the US on a temporary visa and the father was neither a US citizen nor a lawful permanent resident.

The policy is due to take effect for children born after 19 February, and federal agencies would stop issuing documents that recognise their US citizenship. 

“The potential impact of the birthright citizenship executive order on sponsored non-immigrant workers is an important issue to monitor,” says Seyfarth’s Leon Rodriguez. 

“For many, the prospect of US citizenship for their US-born children is among the motivators for coming to work in the US. While for many high-skilled workers, their journey will lead to legal permanent residency and therefore result in the same for their children, I am looking at whether this will have an impact for some families.”

The additional scrutiny will lead to immigration audits and investigations on site. This is causing concern among foreign employees

The order is already subject to legal challenge, with 18 states, along with the city of San Francisco, the District of Columbia, and the American Civil Liberties Union, suing the Trump administration in federal court.

National security

Trump’s “Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats” order reinstates enhanced vetting for those applying to enter the US. 

The order seeks to ensure that all individuals “are vetted and screened to the maximum degree possible”, including those seeking employment-linked H-1B, L-1, and O-1 visas, as well as immigrant visas like EB-1, EB-2, and NIW. 

The order also directs the Departments of State, Homeland Security, and Justice to establish stringent screening standards, particularly for individuals from high-risk countries. Within 60 days, agencies must identify nations for entry restrictions and review the actions of individuals from those nations already in the US. 

Agencies have been also tasked with strengthening identity verification for refugees and stateless individuals to ensuring visa programmes are not exploited. 

Mayer Brown’s Grace Shie suggests this will result in more in-person interviews than currently required, increasing visa processing times, and enhanced questionnaires requiring disclosure of biographic, personal, or professional information.

Crowell & Moring’s Nicole Simonian adds: “The additional scrutiny will lead to immigration audits and investigations on site. This is causing concern among foreign employees in particular with respect to their status and ability to continue in their current roles in the US as well as their future mobility.”

Trump’s next order, “Protecting the American People from Invasion”, provides for a review of “recalcitrant countries” – nations that have been slow to accept deportees previously ordered to leave the US. This includes countries like China and India. 

Holland & Hart’s Chris Thomas warns: “If these countries do not modify their policies after the review, the administration has threatened to suspend visa processing for their citizens. This could significantly impact sectors relying on specialised expertise from these countries.”

With his “Initial Rescissions of Harmful Executive Orders and Actions”, Trump has scrapped numerous executive orders issued under the Biden administration, including expanded immigration pathways for AI and STEM talent, and those that reduce administrative obstacles to immigration benefits and the residency process.

“The impact on US employers could mean loss or inability to retain AI and STEM talents [due to] lengthier immigration adjudication process as seen under Trump 1.0,” says Jackson Lewis’ Minnie Fu.

“The rescission of interagency communication and cooperation could also lead to additional or duplicative processes. Some employees who received the longer five-year Employment Authorization Document (EAD) card may no longer receive such benefit, and, in turn, it will substantially increase filings of immigration applications.”

Fu adds that the potential loss of federal government employees, due to Trump’s return-to-office mandate, along with the overall added burden of these new orders on various agencies, will likely lead to lengthy adjudications and lost talent.  

Looking ahead, the administration is expected to mandate the use of E-Verify, a web-based tool maintained by Homeland Security and the Social Security Administration, to confirm work authorisation for new hires. 

Some employers, by necessity and not necessarily by choice, have to transfer employees to other countries due to their employees’ inability to obtain continued work authorisation

Employers would need to enter information from I-9 forms into the system for government confirmation. While beneficial for compliance, experts say this requirement could also impose significant administrative burdens.

Talent exodus?

With many of these changes expected prior to Trump taking office, some businesses have already begun the process of moving talent out of the US.

“Some employers, by necessity and not necessarily by choice, have to transfer employees to other countries due to their employees’ inability to obtain continued work authorisation,” explains Fu.

Meanwhile, some employees, both Americans and foreign nationals, are reportedly seeking opportunities abroad while Trump is in power.

“Although we cannot confirm a significant outflow of immigration yet, there has been increased interest in expatriate assignments and nomad visas,” says Thomas.

“Companies are exploring moves to countries like Canada, the UK, and parts of Western Europe. Interest has grown in countries offering flexible remote work opportunities, such as Portugal, Spain, Costa Rica, and Malta.

“It will be interesting to see whether companies actively pursue these options in the coming months.”

Shie adds: “I am not seeing wholesale planning to move visa holders outside of the US for other locations. But for companies considering relocating employees, the preference is to send workers – whether US citizens or visa holders – to existing business operations abroad.

“That will always make the most business sense – locations where the employer has existing infrastructure to support hiring new employees or intracompany transfers.”

We anticipate additional concrete actions from the administration on tariffs and trade, which clients are watching closely given the impacts on supply chain

As for country selection, Shie says employers will make the business decision to match an individual’s skill set with the needs of the affiliate in the host country. 

Southern border

Once again taking aim at Mexico, Trump has also, declaring a national emergency at the southern border, reinstated the “Remain in Mexico” policy, ended “catch and release” practices, and deployed troops to block illegal entry across the border. 

Of note for businesses, a day-one order called for a comprehensive review of the US-Mexico-Canada Agreement (USMCA) ahead of its scheduled joint review in 2026. 

“If the US decides to withdraw, a process that could take up to ten years, it would affect American workers, businesses, and cross-border mobility, including TN and L-1 visas for incoming workers,” explains Thomas.

Cause for hope?

While Trump 2.0 has, as expected, already presented some challenges for businesses and their foreign talent, the lack of action on the much-derided H-1B visa system offers employers some succour. 

“Some companies were certainly heartened by statement supportive of sponsored immigration by President Trump and Elon Musk,” says Rodriguez.

“Employers are in ‘wait and see’ mode,” adds Shie. “They’ve been through Trump 1.0 and, at least for my clients, I see them better prepared for what’s to come under Trump 2.0.”

“We anticipate additional concrete actions from the administration on tariffs and trade, which clients are watching closely given the impacts on supply chain,” comments Simonian.  

“Those actions could accelerate the realignment of production and resources, especially in strategic industries such as AI and high-tech manufacturing, resulting in a shift in where multinationals recruit and send talent.”