When Donald Trump took office for his second term on January 20, 2025, part of the American immigrant community expected a repeat of the first administration. Fifteen months later, it became clear that the picture is more complex: the second Trump operates with a team more experienced in immigration law, better-designed executive tools, and a significantly faster implementation pace. For those in the middle of a process, planning to apply, or already living in the United States on temporary status, understanding what has actually changed is decisive for the next step.
Day-one executive orders
On January 20 and 21, 2025, the president signed a package of executive orders that reshaped the federal immigration apparatus. The three most relevant for those in regular immigration processes:
- Executive Order 14159 — Protecting the American People Against Invasion: expanded ICE enforcement priorities to include essentially all undocumented immigrants, restored the Secure Communities program, and authorized new worksite enforcement operations.
- Executive Order 14160 — Protecting the Meaning and Value of American Citizenship: an executive order challenging birthright citizenship for children of parents without legal status or on temporary status. The order was immediately blocked by federal injunctions and the matter remains in litigation.
- Executive Order 14161 — Securing the Borders: declared a national emergency at the southern border, reactivated the Remain in Mexico (MPP) program, and suspended the humanitarian parole program for Venezuelans, Cubans, Nicaraguans, and Haitians.
End of Temporary Protected Status
TPS was one of the new administration’s priority targets. In 2025, the Department of Homeland Security published decisions in the Federal Register revoking or declining to renew TPS designations for several countries. The concrete changes:
| Country | Status as of April 2026 |
|---|---|
| Venezuela (2023 designation) | Vacatur published in 2025; termination under judicial dispute |
| Haiti | Designation reduced; new decision expected |
| Honduras | Termination published |
| Nicaragua | Termination published |
| El Salvador | Termination published |
| Sudan | Temporarily maintained |
| Ukraine | Maintained |
For affected beneficiaries, the practical path involves evaluating eligibility for other immigration remedies (asylum, adjustment of status through a US family member, work visas) before protections end, or risk beginning to accrue unlawful presence.
Stricter standards for EB-2 NIW and EB-1A
The second term brought documented changes in approval rates for individual merit-based categories. Analyses of public USCIS data in the second half of 2025 indicate:
- Substantial increase in Requests for Evidence (RFEs) in EB-2 NIW petitions
- Rising EB-1A denial rates to levels significantly above the four-year average of the previous administration
- Internal USCIS memoranda reinforcing a restrictive interpretation of the Dhanasar (NIW) and Kazarian (EB-1A) criteria
- Greater weight given to independent evidence (verifiable citations, documented commercial adoption) versus recommendation letters
In practice, petitions that would have been approved in 2023 with a certain level of evidence are receiving RFEs or denials in 2025 and 2026 under a higher standard. The adjustment required in case preparation involves denser documentation, a detailed enterprise plan, and independently verifiable endorsers.
H-1B reform
The H-1B program was the target of a proposed regulation published in 2025 that contemplates reforming the lottery system to prioritize higher salaries. The proposal partly replicates the framework presented at the end of the first term that had been revoked by the previous administration. The central elements include:
- Replacement of the random lottery with a prioritization system based on OES wage levels (Wage Levels I–IV)
- Stricter definition of specialty occupation
- Increased audits of employers with high petition volumes
- Additional restrictions on the H-1B program in the IT staffing sector
For early-career professionals, especially recent graduates seeking their first cap-subject position, the proposed change substantially reduces selection chances compared to senior professionals at wage level III or IV. The final rule had not been implemented as of April 2026, but the regulatory direction is clear.
Public charge and green cards
The public charge rule, expanded during the first term and reversed by the Biden administration in 2021, was reactivated through internal USCIS memoranda in 2025. Although the formal 2022 Biden regulation remains in the Federal Register, practical enforcement in the field has once again become more rigorous, particularly in I-485 adjustment of status cases.
Green card applicants through family-based categories whose sponsor’s income is close to the minimum required by the Affidavit of Support I-864 should prepare additional financial viability documentation. The risk of denial based on public charge concerns has returned to first-term levels.
Student and exchange visas
F-1 and J-1 visas have faced increased scrutiny in consular interviews and higher denial rates under Section 214(b) (presumed immigrant intent). Regulatory changes under discussion include:
- Limiting the traditional F-1 duration of status (D/S), with a proposal for a fixed term
- Additional restrictions on OPT (Optional Practical Training), especially for STEM fields
- Reassessment of eligibility thresholds for J-1 cultural exchange programs
Brazilian students already in the US on F-1 status should maintain strict compliance, avoid enrollment gaps, and carefully document OPT and CPT activities, given the increase in SEVIS enforcement.
DACA and DREAMers
The Deferred Action for Childhood Arrivals program remains in legal limbo. The administration has not announced an immediate termination, but suspended new initial applications through internal guidance in 2025. Renewals for active beneficiaries continue to be processed, but with extended timelines and greater uncertainty about the program’s continuity.
Travel restrictions
In 2025, a new presidential proclamation was published restricting the entry of nationals from approximately a dozen countries, with specific rules varying by nationality. The list is adjustable and has been periodically revised. Brazil is not on the current list.
What this means for Brazilians
For most of the Brazilian community in the United States and Brazilians planning to immigrate, the impact is concentrated on three fronts: (1) stricter review of EB-2 NIW and EB-1A petitions, requiring more robust case files; (2) lower chances in the H-1B lottery if the wage prioritization rule is finalized, with an advantage for senior professionals; (3) a more hostile environment for those in irregular status or in the affirmative asylum process.
On the other hand, categories such as L-1 (intracompany transfer), O-1 (extraordinary ability with a strong profile), EB-1B (outstanding researcher), and EB-2 PERM with established employers continue to operate with normal flow. Investment-based cases via E-2 are limited to existing treaties, and Brazil continues to have no investor treaty with the US.
What to do in 2026
Those in the middle of a process should carefully review their current strategy in light of the changes. EB-2 NIW and EB-1A cases filed before 2025 with marginal evidence may require an especially robust RFE response. Professionals planning to apply should strengthen independent evidence, document verifiable commercial impact, and build endorsements from figures with a publicly confirmable position.
For individuals on temporary status (TPS, DACA, humanitarian parole), evaluating stable immigration alternatives early is critical. Waiting for formal protection terminations typically results in lost windows of opportunity. For those outside the US planning permanent immigration, the expected total cycle between process initiation and green card issuance has increased, especially in merit-based categories, and financial planning should incorporate that extended timeline.
Learn more about EB-2 NIW
- Category
- EB-2 NIW Green Card
- Self-petition
- Allowed (no sponsor needed)
- PERM
- Waived
- Processing
- 12-36 months
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.