It may shock you to find out that Trump isn’t a big fan of immigration, whether legal or illegal, and that his policies are expected to make it harder for Israelis who want to work, study, or invest in the US. That’s right – it’s not just undocumented workers from Mexico and third-world asylum seekers who can expect to be negatively affected by this well-known “friend of Israel.”
This article will provide a clear and up-to-date picture of Israeli Immigration to the US under Trump’s administration: what Trump promised in the past, the results during his previous term, and what challenges those seeking US visas can expect in the next 4 years.
We’re going to examine everything potential immigrants can look forward to – from the expected increase in rejections and the lengthening of bureaucracy, through harsher requirements popular work visas like H1B and L1 and the diminished possibility of bringing your family to the US, to more audits of investment visas like EB-5 and E-2. We’ll also talk about the implications of Trump’s economic policies and how they will affect Israelis investing in the USA.
Our immigration law firm specializes in obtaining US work visas, Green Cards (permanent resident status) in the United States, US investment visas, waivers, and other visa and immigration issues related to Israeli Immigration to the US under Trump.
First of all, and to understand what to expect, we must look back and see what happened in Trump’s previous term and what he promised in his election campaign.
Trump’s Immigration Policy During His Previous Term:
In his previous term (2016-2020), Trump didn’t hold back on anti-immigration words and actions. He promised a “big, beautiful wall” on the border with Mexico and imposed entry restrictions on citizens from several Muslim-majority countries. While not all promises were fully realized, legal immigrants were significantly affected.
These changes were also felt among Israeli immigrants and visa applicants. For example, the 2017 executive order intended to prevent the entry of citizens from Middle Eastern countries caused many problems for Israelis born in countries like Iran, Iraq, and Yemen. They found themselves denied entry or forced to go through a bureaucratic ordeal.
In addition, we saw a dramatic increase in work visa rejections, especially for H1B, which is a very popular work visa among Israelis. While in the Obama era only about 5% of H1B applications were rejected, in the last years of Trump’s term the number jumped to over 30%! For comparison, during the Biden era, the rejection rate dropped to about 2%. Trump also tightened the requirements for employers who want to hire foreign workers, requiring them to thoroughly demonstrate that there are no suitable American workers for the position.
Contrary to previous hopes that Trump “as a businessman” would encourage those who want to contribute to the US economy, investment applications in the US also encountered many more difficulties during Trump’s term. Minimal investment sums were increased, and investors were required to prove that the investment would add to, and not detract from, jobs in the US. Finally, both applications and existing projects were subject to more frequent audits.
The definition of “public charge” – a status that could prevent continued legal status in the United States for a person defined as a burden – was broadened. Anyone who received public benefits for 12 months or more cumulatively out of the last 36 months – benefits such as Medicaid, Temporary Assistance for Needy Families (TANF), food stamps, Supplemental Security Income (SSI), etc. – was defined as a public charge This expansion was repealed by the Biden administration but is expected to return soon.
In 2020, following the COVID-19 pandemic, the Trump administration suspended the issuance of Green Cards to foreigners. It should be emphasized that this was a suspension for “economic recovery” purposes, not because the immigration system was struggling during the pandemic. Like of Trump’s immigration policy, this was based on executive orders and internal instructions to US Citizenship and Immigration Services (USCIS). These are changes that take effect much faster than legislative changes and remain in place until a new administration arrives.
A significant lengthening of processes: all immigration processes to the US, including obtaining work visas, investment visas, and Green Cards, became significantly longer during Trump’s term. Applicants encountered more thorough checks, requests for additional information, and a far greater chance of encountering rejections.
Finally, the cost of visa application fees increased significantly, and the chance of requests for additional documents or an audit of the application increased.
Is the past about to affect the present? As far as Trump can be believed, all the restrictions that were in place during his first term are expected to return with a vengeance.
Work Visas – The Ticket to America (or Not?)
US work visas are the main path for Israelis who want to realize the American dream, work in the US, and perhaps continue on the immigration path. America still attracts talent from all over the world, and many Israelis dream of working in leading technology companies, innovative startups, or even starting their own business. What types of US work visas are commonly sought by Israelis, and how is Trump’s election expected to change the path to obtaining them?
H1B Visa – The Specialists’ Visa (Which Is No Longer So Easy to Obtain):
The H-1B visa is one of the most popular visas for foreign workers with higher education and special skills. It is intended for occupations requiring theoretical or technical knowledge, such as engineers, scientists, programmers, doctors, financial analysts, and more. Main requirements:
- At least a bachelor’s degree (or equivalent) in the field: Formal proof of academic education or equivalent professional experience is required.
- A job offer from an American company: An American company must file an application on behalf of the employee and support the application with relevant documents.
- Fair employment conditions (Labor Condition Application – LCA): The employer is required to submit an LCA application to the US Department of Labor, in which they undertake to pay the foreign worker a fair wage that matches the prevailing wage in the American labor market for that position.
- Proof of the need for a foreign worker: The employer is required to prove that no suitable American worker was found for the position and that employing the foreign worker will not adversely affect the employment conditions of other American workers.
The H1B visa is intended for workers with higher academic education and special skills in fields such as high-tech, engineering, science, medicine, and more. In the past, it was a very popular visa among Israelis, as many of them come with a strong technological background. However, under the previous Trump administration, the picture changed significantly.
What actually changed?
As noted above, the employer needs to prove that there is no suitable American worker for the position and that they are willing to pay the foreign worker a fair wage, according to the minimum wage requirements set. Trump significantly raised this wage threshold, in order to protect the American labor market. This means that employers are now required to invest higher sums to employ foreign workers.
In addition, Trump reduced the number of occupations eligible for the H1B visa and tightened the requirements for employers. They were required to prove in greater detail the need for a foreign worker and the lack of suitable American candidates. These strict requirements added bureaucracy and complications to the process, and caused many employers to think twice before submitting an application for a foreign worker.
So, in short, you can expect stricter requirements, higher costs, and more rejections. One important point – the expectation that the upcoming Trump administration will focus on “chain migration,” which includes, among other things, families of foreign workers. This means that spouses of expert workers will have a harder time obtaining authorization to work in the United States, and that workers who obtained a Green Card through their place of work will have a harder time sponsoring other family members to obtain a Green Card.
L1 Visa – Intra-Company Transfer (There Are Also Challenges Here):
The L1 visa is intended for specialized workers and managers who are transferred between branches of the same international company. There are two main types of L-1 visas:
- L-1A – for managers: Intended for senior managers who are transferred to a managerial position in a US company.
- L-1B – for employees with specialized knowledge: Intended for employees with unique and advanced knowledge in a specific field.
Main requirements:
- The employee must have worked for at least one year in the last three years in a foreign company related to the US company (parent company, subsidiary, branch, etc.).
- The employee is transferred to a managerial position (L-1A) or a position requiring specialized knowledge (L-1B) in the US company.
- Proof of a business relationship between the companies.
The impact of Trump’s policies:
- Tightening of the requirements to prove the connection between the companies and the need to transfer the employee.
- More thorough checks of the employee’s skills and their suitability for the position.
- A narrower definition of “specialized knowledge” for the L-1B visa.
Additional Work Visas:
Besides H1B and L1, there are several other work visas, some of which may be relevant to Israelis, depending on their exact circumstances. These less common visas include the:
- O-1 Visa – The Visa for Individuals with Extraordinary Ability or Achievement: A visa intended for people with extraordinary abilities in fields such as science, art, education, business, or sports. To obtain an O-1 visa, you must prove that you are a leader in your field and that you have received international recognition. This visa may be suitable for world-renowned scientists, recognized artists, or particularly successful entrepreneurs. Under the Trump administration, even greater emphasis will be placed on the level of evidence required to prove extraordinary talent.
- P Visa – Artists, Athletes, and Entertainers: This visa is intended for artists, athletes, and entertainers who come to the US to perform, compete, or participate in specific projects. There are different types of P visas, depending on the type of activity. Here too, a tightening of requirements and required evidence is expected.
- Q Visa – International Cultural Exchange: This visa is intended for participants in international cultural exchange programs. It is less relevant for “regular” work, but more for participation in student exchange programs, volunteer programs, or professional training programs.
After reviewing the work visas, let’s move on to investment opportunities in the United States.
Investment Visas – Another Path to the Land of Opportunity?
Beyond work visas, there’s another option for Israelis interested in immigrating to the US: investing in American businesses. This route is designed for foreign entrepreneurs and investors seeking to invest a significant sum of money and thereby contribute to the American economy. Let’s examine in depth the two main visas in this area:
EB-5 Visa – The Investors’ Visa (Large Investment in return for Permanent Residency):
The EB-5 visa is intended for foreign investors who invest a significant sum of money in a US business and create at least 10 full-time jobs for American citizens. It was created to encourage foreign investment and contribute to economic development in distressed areas. This is a unique visa that ultimately allows for obtaining permanent residency (Green Card) in the US, making it particularly attractive to many investors. However, it’s important to understand that this involves a significant financial investment and a complex bureaucratic process.
Main requirements:
- Targeted Employment Areas (TEA – Targeted Employment Areas): Areas with high unemployment (at least 150% of the national average) or rural areas – the minimum investment amount is $800,000.
- Other Areas: The minimum investment amount is $1,050,000.
- Job Creation: The investment must create at least 10 full-time jobs (at least 35 hours per week) for US workers directly or indirectly (through economic impact on the area).
- Investment in a New Commercial Enterprise (NCE): The investment must be in a new business created after November 1990. Investment in an existing business that has undergone significant expansion is also permitted.
- Lawful Source of Funds: The investor must prove the source of the funds used for the investment, including documentation of income sources, gifts, inheritances, and so on.
The impact of Trump’s policies:
- Increased Investment Amounts: The minimum investment amount increased significantly, from $1 million to $1,800,000. In areas with high unemployment (TEA), the investment amount increased from $500,000 to $900,000. This change made the EB-5 visa less accessible to many investors.
- Stricter Requirements for Job Creation: In addition, the requirements for proving job creation as a direct result of the investment were tightened. This means that investors are now required to present more conclusive and clear evidence of the causal link between their investment and the creation of new jobs. This requires meticulous business planning and careful project management.
- Increased Oversight and Control of Regional Centers: The Trump administration increased oversight of regional centers, which are entities that mediate between investors and projects in need of investment. The purpose of the oversight was to prevent fraud and misuse of the program.
- Other Changes: The EB-5 Reform and Integrity Act of 2022 brought further changes to the program, including increased transparency and accountability of regional centers.
It is important to emphasize that despite the challenges, the EB-5 visa still offers a significant advantage: the possibility of obtaining a Green Card, which grants many rights in the US However, it requires a significant financial investment and compliance with strict conditions.
E-2 Visa – The Treaty Trader Visa (Smaller Investment, but No Green Card):
The E-2 visa is intended for investors from countries that have a treaty of commerce and navigation with the US, and Israel is one of them. This visa allows investors to manage and develop a business in the US Unlike the EB-5, the E-2 visa does not require a defined minimum investment amount, but it does require that the investment be “substantial” to ensure the successful operation of the business.
Specific requirements:
- “Substantial” Investment: The investment should be sufficient to ensure the success of the business and contribute to the local economy. This usually involves an investment of at least $100,000, but the amount can vary depending on the circumstances.
- Ownership of at Least 50% of the Business or Operational Control: The investor must have control of the business, whether through direct ownership of at least 50% of the shares or through significant operational control.
- Intention of Developing and Actively Managing the Business: The investor must demonstrate an intention to actively develop and manage the business. This is not a passive investment, which is one reason why real estate purchases are not suitable.
- Lawful Source of Funds: It must be proven that the funds used for the investment were obtained legally.
- Citizenship of a Treaty Country: The investor must be a citizen of a country that has a treaty of commerce and navigation with the US (as mentioned above, Israel is one of them).
Although there were no fundamental changes in the laws relating to the E-2 visa under the Trump administration, more thorough checks and stricter documentation requirements could be expected, similar to the general trend in immigration.
Advantages of the E2 visa:
- No legally defined minimum investment amount: This flexibility allows investors with different budgets to invest in the US
- Relatively fast process: The E-2 visa application process is usually faster compared to other visas, such as the EB-5.
- Possibility of unlimited visa renewal: As long as the business is active and meets the requirements, the visa can be renewed repeatedly.
- Possibility for spouses and children to reside and work/study in the US: Spouses of E-2 visa holders can obtain work authorization and work in any legal job in the US Children under the age of 21 can study in schools and universities in the US
Examples of suitable business types for the E-2 visa:
- Restaurants and cafes: Opening an American or Israeli-style restaurant or cafe.
- Retail stores: Opening a clothing store, gift shop, or unique product store.
- Consulting and service companies: Establishing a consulting company in marketing, technology, or finance.
- E-commerce businesses: Establishing an online store for selling products in the US
It is important to mention that the E-2 visa does not directly lead to obtaining a Green Card. The investor needs to renew their visa and that of their family/key employees and managers from Israel periodically as long as they continue to operate the business in the US However, the E2 visa allows for extended stays in the US and active business management.
The E2 visa can be a more attractive option for investors who cannot or are not interested in investing the high amounts required for EB-5. It is particularly suitable for entrepreneurs who wish to establish or acquire a small or medium-sized business in the US.
Expectations in a potential future Trump administration:
With the above in mind – both the avenues Israelis have to immigrate, invest in and work in the United States and previous actions by the Trump administration to curtail legal immigration – what can we expect to see between 2025 and 2029?
- Significant lengthening of processing times: Under the Trump administration, we will once again see a significant lengthening of processing times for various visa applications. Factors contributing to this include:
- Increased bureaucracy and documentation requirements: Demand for more detailed and additional documents.
- More thorough and lengthy background checks, including checks on social networks and various databases.
- Focus on enforcement and less on service provision: Shifting resources to immigration law enforcement at the expense of fast and efficient processing of applications. These delays create uncertainty and difficulty in planning for applicants and their families and may also harm employers who wish to recruit foreign workers.
- More thorough checks (Request for Evidence – RFE): Immigration authorities will submit more “requests for additional evidence” (RFEs), requests for additional documents and information from applicants.
- Increase in rejection rates: As a result of stricter requirements and checks, there will be an increase in the rejection rate for various visas, including work visas (H-1B, L-1), student visas (F-1), tourist visas (B-1/B-2), and investment visas (EB-5, E-2). This increase directly affects the lives of many people and their plans to immigrate, work, study, or invest in the US
- Impact on Israelis born in certain countries: Restrictive orders on entry to the US from certain Muslim-majority countries (or any country that Trump feuds with this time around) may also affect Israelis who were born in or previously held citizenship of these countries (such as Iran, Syria, Yemen, Libya, Somalia, etc.). Even if they are Israeli citizens today, they may be required to undergo additional and lengthy security checks (Extreme Vetting) or even be denied entry to the US
- Changes in definitions and interpretations of the law: Sometimes, the change is not in the law itself, but in the interpretation given to it by the immigration authorities. In Trump’s previous term, a stricter approach was seen in the interpretation of immigration laws, which made it difficult to obtain visas. For example, the definition of “Specialty Occupation” for the H-1B visa was narrowed, making it difficult for companies to prove that the foreign worker is needed for a position requiring specific theoretical or technical knowledge.
Based on the experience from the previous term and Trump’s statements, we can expect a continuation and even worsening of these trends:
- Further tightening of internal enforcement: Trump is expected to increase internal enforcement against immigrants residing in the US without authorization, including increased raids by immigration authorities in workplaces and communities.
- Further reduction of legal visas: Trump may continue to reduce the number of legal visas issued, including work visas (like H1B) and family visas. He may even tighten the conditions for obtaining existing visas.
- Additional entry restrictions: Trump may impose further restrictions on the entry of immigrants and refugees from certain countries, claiming “national security.” These restrictions may also apply to additional countries.
- Restriction of “chain migration”: A topic that was raised in the past but not fully implemented is the restriction of “chain migration” – that is, restricting the ability of foreign workers to bring spouses and children to the US. It is likely that this issue will be pursued more vigorously this time around.
- Impact on the EB-5 investment visa: We expect even stricter measures regarding the EB-5 investment visa, such as another increase in the minimum investment amount and stricter requirements for proving job creation.
- Use of executive orders: It is important to remember that most of Trump’s immigration policy was not done by updating legislation, but on the basis of executive orders and instructions to immigration services. This means that the policy can take effect quickly after January 2024, but may also be easily changed by another president.
The Importance of Legal Work:
It is crucial to emphasize again the critical importance of working legally in the United States. Working without authorization (for example, violating the terms of a tourist visa) can lead to extremely serious consequences, especially during a period of restricted immigration, including:
- Future denial of entry to the US: A person caught working without authorization may be blacklisted and suffer from future denials of entry, even after many years.
- Deportation proceedings: In some cases, illegal work may lead to deportation proceedings from the US
- Difficulty obtaining visas in the future: Even if not deported, a person who has worked illegally in the past will find it very difficult to obtain visas to the US in the future, including work and immigration visas.
- Complex process of applying for a Waiver: In some cases, it is possible to submit a waiver application so that the applicant can return to the US
Other Changes in US Immigration Procedures under the Trump Administration?
Some additional things that Trump has promised to do this time that are unprecedented:
- Revocation of birthright citizenship: In the drastic (even if legally unlikely) scenario of retroactive revocation, this would harm many Israeli-Americans. In the slightly more likely scenario, this means that a child of someone who works legally in the US in the future will not automatically receive US citizenship.
- Revocation of “chain migration” and Green Cards based on family ties: The possibility of inviting relatives to the United States has been the gateway to the land of unlimited opportunities for many.
Economic Policy and its Impact on Investors:
Trump’s economic policy, as expressed in his previous term, is expected to continue to affect foreign investors. Trump supports reducing taxes on companies, which may encourage investment in the US and attract foreign companies to operate there. In addition, he supports easing regulations in various areas, such as environmental regulations and labor market regulations. In practice, this means more profitable activity if and when you manage to obtain an investment visa. In addition, it is likely that the administration will encourage investment and opening companies of specific types aligning with its ideology.
- Crypto and Blockchain: The field of crypto and blockchain is flourishing in the world and also in the US, and many Israelis are involved in it as entrepreneurs, developers, and investors. While the Biden administration vigorously investigated crypto activity for money laundering and financial crimes, to the point that some prophecies claimed that the crypto field might die if Kamala won, Trump promised to fire the head of the Securities and Exchange Commission (SEC) who led these investigations, likely replacing him with a crypto advocate.
- Renewable Energy and “Green” Technology: The field of renewable energy and the environment is in constant growth, and many Israelis contribute to it through the development of innovative technologies. Many of Trump’s advisors are against subsidizing anything “green” and liberal, and it is likely that investment in this area will encounter difficulties in the near future.
- Biotechnology: The field of biotechnology is an advanced research and development field, and many Israelis contribute to it through groundbreaking research and the development of innovative drugs and treatments. Restrictions on work visas could hinder collaborations between Israeli and American researchers and delay research progress.
Important Recommendations:
In light of the expected changes in immigration policy, it is important to act wisely and in a planned manner.
- Consultation with an expert immigration attorney: It is very important to consult with an expert immigration attorney with experience in the field of work and investment visas. The attorney will be able to assist in choosing the appropriate visa, preparing the application, and dealing with all the bureaucratic challenges.
- Consultation with a financial advisor: It is recommended to consult with an expert financial advisor with experience in the American market. The advisor will be able to assist in investment planning, risk management, and understanding the financial aspects of immigration to the US
- Thorough examination of the appropriate option: It is important to examine all available options and choose the most suitable visa for personal and business circumstances. The investment amount, the desired length of stay in the US, and immigration goals should be taken into account.
- Preparation of comprehensive and accurate documentation: It is important to ensure the preparation of comprehensive and accurate documentation for all stages of the application. Insufficient or inaccurate documentation may cause delays or rejection of the application.
- Monitoring changes in immigration policy: Immigration policy in the US may change from time to time. It is important to monitor the changes and stay updated with official guidelines.
- Understanding the economic implications: It is important to understand the economic implications of immigration to the US, including taxes, health insurance, and living costs.
- Examining the American market: Before making an investment, it is important to carefully examine the American market and understand the business potential and competition in the relevant field.
- Creating professional connections: It is recommended to create professional connections in the US, such as with business people, consultants, and experts in the field of investment.
Summary:
Immigration to the US is a complex and challenging process, especially under a Trump administration. The expected changes in immigration policy may significantly affect Israelis interested in working or investing in the US However, it is important to remember that various options exist, and that through advance planning, consultation with experts, and attention to detail, the American dream can be realized. We recommend contacting a law firm specializing in immigration law to receive professional and personalized advice.