With President-elect Donald Trump poised to return to the White House in January, the anticipation of new restrictions and uncertainties has sparked a significant increase in calls to a leading US immigration firm based in Dubai.
“There’s a familiar wave of concern that has gripped immigrants both in the US and abroad,” said Shai Zamanian, legal director of The American Legal Center, referring to Trump’s recent pledges to end birthright citizenship, terminate the diversity lottery program, impose tighter restrictions on H-1B and family-based visas, and initiate large-scale deportations. “These have added urgency to the situation,” he told Khaleej Times, noting that “under Trump’s first term, the H-1B visa programme faced significant restrictions as his administration sought to address concerns over its impact on US jobs and wages.”
The H-1B is a temporary (non-immigrant) visa category that allows employers to petition for “highly educated foreign professionals to work in so-called ‘specialty occupations’ such as mathematics, engineering, technology, and medical sciences.” The visa’s initial duration is three years, which may be extended for a maximum of six years.
Even before the US elections, some UAE residents had expressed fears that they might lose their chance of migrating to the US. “There are uncertain immigration policies and my concern extends beyond the current situation to what might happen after the election and under a new president. Policies can change drastically,” noted Reem (name changed on request), a Dubai resident who said she was particularly concerned about Trump's speeches on immigration, “as he has a strong anti-immigration stance.”
Zamanian said: “Throughout his campaign, Trump highlighted his intention to impose stringent immigration policies, including mass deportations of illegal immigrants and the completion of the border wall initiated during his first term. The Republican president-elect is likely to reinstate his ‘Remain in Mexico’ programme, which President Joe Biden terminated earlier this year.
“In addition to harsh policies towards illegal immigration and undocumented migrants, industry experts expect a stricter legal migration landscape during another Trump presidency,” he added.
“Families, students, and professionals are bracing for anticipated limitations, and they are seeking stable and secure pathways to the US before Trump’s inauguration in January,” continued Zamanian, noting that “while Trump has outlined plans to clamp down on certain immigration routes and ramp up border restrictions, the door to the US remains open for those seeking residency through investment.
“With time, access to the US will become more challenging under another Trump presidency, but the EB-5 US Golden Visa programme has stood the test of time and will remain a viable option,” he underscored.
The US Congress created the EB-5 Programme in 1990 to stimulate the US economy through job creation and capital investment by foreign investors. The EB-5 Immigrant Investor Programme, administered through USCIS (United States Citizenship and Immigration Services), allows foreign investors to obtain US residency and Green Cards for themselves and their immediate family members through an investment in a government pre-approved projects in the US.
Zamanian said the EB-5 programme — a path that grants US residency in exchange for an $800,000 investment in government approved job-creating projects — persisted during Trump’s first term. “Trump himself has long-standing ties to the EB-5 programme, with his affiliated companies utilising EB-5 funds to complete key projects, including the Trump Bay Street development in Jersey City, New Jersey. As a businessman, he understands the value of foreign direct investment in job creation and stimulating growth for the US economy,” Zamanian assured.
“Legal immigration pathways are projected to narrow, making the EB-5 programme one of the most stable and accessible routes to a Green Card,” Zamanian reiterated, noting: “Many are seeing the months leading up to Trump’s inauguration as a critical window to act.
“We’re seeing families with children studying in the US on F-1 visas, as well as professionals on H-1Bs, who are eager to upgrade to Green Cards through EB-5 to avoid the uncertainty surrounding other visa categories,” he added.
Zamanian advised: “Before Trump takes office, those in the US on an F-1 or H-1B can apply for their EB-5 petitions now and immediately receive the benefits of a Green Card, including the ability to live, work, and re-enter the US. This option of concurrent filing is available notwithstanding the increasing restrictions.”
“There is a short window of opportunity to act until Trump takes office and we expect a rush of applications during this time,” he added.
Zamanian, however, is optimistic that “given Trump’s familiarity with the EB-5 programme and his recognition of foreign investment’s role in driving economic growth, his administration has a prime opportunity to not only preserve but actively bolster the EB-5 programme.”
“For those seeking stability in an otherwise shifting immigration landscape, the EB-5 programme may be the safest route to secure a future in the US. A Green Card obtained through the EB-5 programme is a safeguard against any future policy shifts under Trump or any other president,” he added.
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