US Business Immigration policy under the biden presidency

Following several tense days of election results and updates, a clear winner is finally visible. Joe Biden will serve the United States of America as the 46th President. Additionally, in a historic result, the United States will also gain its first female Vice President, Kamala Harris – who will also be the first VP of color.
 
During his presidency, President Trump did not shy away from making his views known regarding US immigration policy. He took unilateral action throughout his four years to curtail legal immigration – even at the expense of separating minor children from their parents. Trump’s promise to build a border wall between the United States and Mexico fell flat, as only 400 miles of wall was ever built. All but nine miles of that construction was replacement walling for old barriers.
 
In terms of US business immigration – many hoped that President Trump would spare any significant changes which would be detrimental to foreign investors and companies looking to gain a foothold in the US market. Nevertheless, Trump’s barrage of Presidential Proclamations and Executive Orders effectively destroyed legal business immigration for potential clients from the UK and Europe.
 
The question on everyone’s minds now is, how will the Biden administration handle US immigration policy?
 
We will not know the answer to this question until President-Elect Biden assumes office and begins serving the American people as President. For now, the best metric people have for how US immigration will be impacted under Biden is to look at his immigration plan for which he campaigned on in the run-up to the election.
 
Biden’s campaign website stated that during his first 100 days in office, the Biden Administration will (www.joebiden.com/immigration):
 

• Reverse Trump’s policies which separate parents from their children at the border;
• End Trump’s detrimental asylum policies;
• End the mismanagement of the asylum system;
• Surge humanitarian resources to the border and foster public-private initiatives;
• End prolonged detention and reinvest in case management programs;
• Reverse Trump’s public charge rule;
• End federal funding of Trump’s border wall;
• Protect Dreamers;
• Rescind travel and refugee bans;
• Order an immediate review of Trump’s Temporary Protective Status (TPS) for vulnerable populations;
• Restore sensible enforcement priorities;
• Ensure that ICE and CBP abide by professional standards and are held accountable;
• Protect and expand opportunities for foreign nationals who served in the US military;
• Restore and defend the naturalization process;
• Promote immigrant entrepreneurship; and
• Address factors driving migration to the US.

 
In addition to the above, the Biden administration promises to modernize and improve the US immigration system. It’s important to note that any significant changes to US immigration law would require approval of the US House and Senate.
 
President-Elect Biden’s campaign website outlines a variety of proposed changes – much of which address family based, asylum based, or refugee based immigration matters. While there is less content directly addressing business immigration matters, President-Elect Biden does seek to promote and encourage entrepreneur based immigration, as well as expand the availability of visas for skilled workers.
 
Additionally, we can assume that many – if not all – of Trump’s Presidential Proclamations will be cancelled once the global COVID crisis is under better control.
 
The entire Barella Global team understands the importance of re-establishing business travel between the UK, Europe, and the United States. Expansion of foreign companies into the United States, as well as the transfer of employees and directors is the cornerstone of US immigration policy. Further, foreign investment and innovation will be key in rebuilding the US economy following the global pandemic.
 
To learn more about Barella Global and your company’s US visa options, contact our London or Brussels office for additional information. Our US immigration lawyers in London and Brussels are available for telephone consultations.
 
Barella Global (London)
5 Chancery Lane
London WC2A 1LG
United Kingdom
+44 (0) 20 3026 0054
www.barellalaw.com
[email protected]
 
Barella Global (Brussels)
Avenue Louise 54
1050 Brussels
Belgium
+32 (0) 2 808 8053
www.barellalaw.com
[email protected]

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