Weeks 2 and 3 of the Trump Administration

February 7, 2025

During weeks 2 and 3, the Trump Administration has made additional changes to the immigration landscape. Below is a discussion of what U.S. employers and foreign national employees should know. 

1. Executive Order on Removing Barriers to American Leadership in Artificial Intelligence

The White House issued an executive order on January 23, 2025, focused on removing barriers to U.S. leadership in artificial intelligence (AI). This executive order (EO) cancels certain existing artificial intelligence (AI) policies and directives, following President Trump’s January 20, 2025, revocation of President Biden’s October 30, 2023, EO 14110 on AI. The previous order had recommended policies to improve access to O-1, EB-1, EB-2, and entrepreneur parole visa options for foreign nationals with AI expertise.

The new EO directs specific heads of executive departments and agencies to assess, within 180 days, any actions previously taken under EO 14110 that may conflict with the goal of “sustaining and enhancing America’s global AI dominance to promote human flourishing, economic competitiveness, and national security.” If such actions are identified, agency heads are tasked with suspending, modifying, or canceling these actions, or proposing such changes. It is currently unclear whether this EO will result in the rescinding of certain visa policies related to O-1, EB-1, EB-2, and entrepreneur parole.

Employers and foreign nationals applying for O-1, EB-1, EB-2, and entrepreneur applications should be aware that the previous positive outlook held with the USCIS regarding AI has been revoked. Employers or persons planning to file cases should take this into considering when planning case strategy. 

1. USCIS Terminates 2023 Designation of Venezuela for TPS

The Department of Homeland Security (DHS) released a notice that terminates the 2023 Temporary Protected Status (TPS) designation for Venezuela 60 days after the notice’s publication, which is set for February 5. Upon the effective date of the notice, those with TPS under the 2023 designation will lose protection. After 4/7/25, nationals of Venezuela who have been granted TPS under the 2023 Venezuela designation will no longer have TPS. Those who are registered under the 2021 Venezuela TPS designation will maintain TPS protection through at least September 10, 2025.

According to DHS, it is terminating the 2023 Venezuela TPS determination because, even if the relevant conditions in Venezuela remain both “extraordinary” and “temporary,” – two of the criteria for TPS designation – the DHS Secretary has made a determination that it is contrary to the U.S. national interest to permit Venezuelan beneficiaries to remain temporarily in the United States.

Companies employing foreign national from Venezuela in TPS status should encourage them to speak to an experienced immigration lawyer regarding their case