Although the main focus of the second Trump Administration has been on the deportation of undocumented immigrants, and the curtailment of refugee and asylee programs, President Trump has issued executive orders and/or directives that affect those who apply for employment-based immigration benefits including those aliens who submit an employment-based Application to Register Permanent Residence or Adjust Status (Form I-485). Now that we are nearly three months into the second Trump Administration, how has their actions affected Form I-485 applicants or those interested in filing a Form I-485 application? This writing will examine some of the actions taken by the Trump Administration and consider how these actions may affect employment-based Form I-485 application processing.
Enhanced Vetting and Scrutiny
One of the Executive Orders (EOs) issued by President Trump is an EO entitled, "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats." Section 2 of this EO requires pertinent government bodies and/or agencies to "vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks."1 As a result of the increased vetting and scrutiny to be carried out by various government agencies with respect to those applications and petitions for immigration benefits, it is likely that Form I-485 application processing times will increase. In addition, it is possible that processing times for any ancillary applications submitted with a Form I-485 application, such as an Application for Employment Authorization (Form I-765) and Application for Travel Document (Form I-131) may increase as well. Aliens and/or employers should plan accordingly to try to ensure continuity of employment authorization in the U.S. and to secure any needed travel document, if the alien wishes to take trips outside the U.S. while their Form I-485 application is pending.
Change in Forms Used to Apply for Immigration Benefits
On March 8, 2025, U.S. Citizenship and Immigration Services (USCIS) posted changes to many forms used to apply for immigration benefits, including the Form I-485 application without any prior notice. According to the American Immigration Lawyers Association (AILA), at least some of the changes are related to gender identity language and reinstituting the use of the term "alien." AILA filed a complaint for declaratory and injunctive relief to challenge the publication of the new form editions by USCIS without providing proper notice to the public. No grace period for the implementation of the new form editions had been given by USCIS to the public. Shortly after AILA filed the lawsuit, USCIS responded that "while no definite grace period is being provided, USCIS will exercise its discretion to not reject previous versions of forms that are submitted for a reasonable period after the new versions take effect." USCIS then subsequently posted grace periods. Given the lack of notice given by USCIS when changing certain form types, when filing a Form I-485 application, or any petition or application with USCIS for an immigration benefit, employers and aliens may want to check to make sure the correct form edition is being submitted to the government.
COVID-19 Vaccination No Longer Required
As of January 22, 2025, the USCIS has waived any and all requirements that aliens who submit a Form I-485 application present documentation on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) that the alien has received the COVID-19 vaccination. (NOTE: A Form I-693, signed by a USCIS civil surgeon in a sealed envelope, is required to be submitted with a Form I-485 application.) USCIS has indicated that it will not issue any Request for Evidence (RFE), nor a Notice of Intent to Deny (NOID) related to proving the alien has been vaccinated for COVID-19. In addition, USCIS examiners are not to deny any Form I-485 application based on the alien's failure to present documentation that the alien received the COVID-19 vaccination.
Employment-Based Form I-485 Interviews
During President Trump's first term, the USCIS required all Form I-485 applicants to undergo an interview with a USCIS examiner, including employment-based Form I-485 applicants. Prior to President Trump's first term, employment-based Form I-485 applicants were rarely scheduled for an interview with a USCIS examiner. Those few employment-based Form I-485 applicants who were required to undergo an interview were often selected randomly in order to maintain the integrity of the Form I-485 program, and/or in instances in which the alien may have had a criminal conviction. Under the Biden Administration, USCIS reverted back to its previously policy of not typically interviewing employment-based Form I-485 applicants. Requiring all Form I-485 applicants, including employment-based Form I-485 applicants, to undergo an interview with a USCIS examiner resulted in the increase in processing times with respect to Form I-485 applications.
With respect to President Trump's second term, USCIS has not made any formal announcement requiring all Form I-485 applicants, including employment-based Form I-485 applicants, to be interviewed by a USCIS examiner. In addition, there does not appear to be an informal policy adopted by USCIS to interview all Form I-485 applicants, including employment-based Form I-485 applicants. However, it is possible that USCIS may require all Form I-485 applicants to be subject to interview-based President Trump's EO entitled, "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats."
Alien Registration Requirement
On January 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion, which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted.2Aliens who are required to comply with the Alien Registration Requirement may be subject to fines and imprisonment.In addition, the failure to complete the Alien Registration Requirement may result in the denial of an alien's Form I-485 application.
Form AR-11: Change of Address Requirement
Individuals who have filed an immigration benefit request with USCIS must notify the Service of any changes of address as soon as possible to ensure they receive all correspondence and benefits without delay. Aliens in the U.S. must report any change of address to USCIS within 10 days of moving. This reporting requirement does not apply to A and G visa holders and visa waiver visitors. USCIS strongly encourages aliens to submit their change of address through aUSCIS online account. Aliens may also submit a paper Form AR-11, Alien's Change of Address Card, by mail to report their change of address. Because filing a paper-based Form AR-11 does not provide an automated update to an alien's address in USCIS's systems, the Service encourages requestors to use the self-service change of address tool available in their USCIS online account when reporting a change of address.3The failure to file a Form AR-11 within 10 days of moving to a new residential address may form a basis to deny an alien's Form I-485 application. There are reports long ago of the government denying Form I-485 applications on such a basis.As a result, in order to avoid trouble, aliens would want to complete Form AR-11 and submit it to USCIS within ten (10) days of moving to a new residential address. In addition, aliens should retain evidence of complying with the Form AR-11 requirement.
Potential Fee Increases
Project 2025, which was authored by the Heritage Foundation and has shaped the new Trump administration's actions, calls for fee increases on top of those that were implemented in January 2024 under the previous administration. As the report states, "fees should be increased agencywide to keep in step with inflation and the true cost of the adjudications. The incoming Administration should immediately submit a fee rule that reflect such an increase ... Additionally, Congress should allow for a 10 percent across-the-board increase in all fees for all fee rules to account for the fact that new fee rules always lag behind budget requirements."4 Although the USCIS recently issued an updated G-1055, Fee Schedule, there were no across-the-board fee increases for immigration benefits.5
Shutting Down Immigration Watchdog Agencies
In March, the New York Times reported that the Trump administration shut down three of the watchdog agencies in the Department of Homeland Security.6 These cuts comprise the shuttering of the Office for Civil Rights and Civil Liberties, the Office of the Immigration Detention Ombudsman, and the Office of the Citizenship and Immigration Ombudsman.This means that there will be significantly less oversight of the Trump Administration's legal immigration policies. For U.S. employers, the closing of these office will make it more difficult to challenge abuses of the system – including unwarranted detention of aliens in lawful status. The inability of the USCIS Ombudsman's Office to field requests to resolve problems aliens may be having with their Form I-485 application will result in applicants seeking out congressional offices. This may place an additional burden on congressional offices, and result in requests for assistance to resolve problematic issues in connection with Form I-485 applications to take longer to process and/or resolve.
Employment-Based Priority Dates
As of the May 2025 Visa Bulletin, we are not observing any significant movements in the major employment-based visa categories. This means that Chinese aliens, and especially Indian aliens, will continue to wait for several years before they become eligible to either apply for a Green Card or receive a Green Card.The lack of movement in priority dates will not only prevent aliens from be eligible to submit a Green Card application with USCIS before the alien's maximum period of nonimmigrant status may expire, but it may result in aliens to pursue other avenues in order to try to continue to work and live lawfully in the U.S. Many aliens who are not in H-1B status but who are in the U.S. and waiting to file a Green Card application, and have an approved Form I-140 petition, may seek registration in the H-1B lottery. As a result, it is possible that USCIS may begin to see an increase in H-1B registrations in the future. In addition, other aliens may try to apply for temporary employment authorization based on compelling circumstances in order to live and work on a long-term basis in the U.S. while they wait to be eligible to submit a Green Card application. Moreover, the children of some of these aliens (who are approaching 21 years of age) may face challenges with respect to filing a Green Card application in the future and/or challenges with respect to receiving a Green Card as a derivative applicant. Depending on the lack of advancement in the future with respect to priority dates, it is possible the Child Status Protection Act (CSPA) may not be able to provide relief to allow certain children of Green Card applicants to receive a derivative Green Card.
Conclusion
The second Trump administration is shaping up to be more far-reaching in its effects than the first. Although there has been little changes in the way of business-based immigration, Trump has enacted a series of measures that affect I-485 processing and there is a strong likelihood that further measures – such as increased processing fees – will be introduced at some time in the future.
Footnotes
1 The White House, January 20, 2025: https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-united-states-from-foreign-terrorists-and-othernational-security-and-public-safety-threats/
2 US Citizenship and Immigration Services (USCIS), Alien Registration Requirement page, March 21, 2025:www.uscis.gov/alienregistration
3 USCIS, AR-11 webpage, January 24, 2025: www.uscis.gov/ar-11
4 The Heritage Foundation, Project 2025 – Policy Agenda, p. 146. static.project2025.org/2025_MandateForLeadership_CHAPTER-05.pdf
5 The updated schedule, issued March 6, 2025, removes expired fee exemptions for Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and Form I-765, Application for Employment Authorization. It also includes a new Form G-325R, Biographic Information (Registration); and clarifies filing fee information for Form I-129, Petition for a Nonimmigrant Woker R-1 (Religious Worker) category. See: www.uscis.gov/g-1055
6 "Trump Shuts Down 3 Watchdog Agencies Overseeing Immigration Crackdown," New York Times, March 21, 2025: www.nytimes.com/2025/03/21/us/politics/trump-civil-rights-homeland-security-deportations.html
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