Based on how President-elect Donald Trump’s first administration handled immigration, experts are concerned about how his second term will impact foreign-born biopharma professionals. Two immigration attorneys discuss what may be ahead, including increased difficulty getting work visas.
Even though President-elect Donald Trump’s inauguration is over a month away, there are already concerns about how his impending immigration policies could affect the biopharma industry’s foreign-born workforce. One major issue is that it could become more difficult to get visas to work in the United States.
To explore what may be ahead, BioSpace spoke with two immigration attorneys: Maria Kallmeyer, partner and national co-chair of the immigration and mobility practice group at Quarles, and Sandra Feist, founding attorney at Feist Law & Advocacy. Feist’s firm focuses on immigration processes for professionals relocating to the United States.
Both attorneys expressed concern about how Trump’s immigration policies could affect foreign-born biopharma professionals, who can have difficulty finding employment because some organizations hesitate to hire people who require work visas.
Feist recalled that when Trump was first in office, issues such as visa processing delays had an impact on employment-based immigration.
“So, coming into this new Trump administration, I definitely have very serious concerns that the policies around immigration will be negative and detrimental for all types of immigration, not just as they relate to humanitarian immigration policies and removal,” she said.
Based on the first Trump administration’s immigration policies, Feist said she expects H-1B visas will be more affected than O-1 visas. STEM professionals use H-1Bs and O-1As to work in the U.S. H-1Bs are intended for those in specialty occupations in fields requiring highly specialized knowledge, while O-1As are for individuals who have extraordinary ability in science, among other fields.
From Travel Bans to Narrowed H-1B Eligibility
During the first Trump administration, several policies affected foreign-born biopharma professionals. For example, Kallmeyer cited the January 2017 executive order that imposed a 90-day ban on travel to the U.S. for most foreign nationals of seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
The day Trump issued the order, the U.S. Department of Homeland Security revoked most visas, including H-1Bs and O-1As, of foreign nationals of those countries. Affected biopharma professionals included researchers who’d planned to work in the U.S. or present at conferences but were unable to enter the country, as noted in a recent STAT News article.
Feist cited multiple other policies that affected the foreign-born biopharma workforce, including one from October 2017. At that time, she noted, U.S. Citizenship and Immigration Services rescinded guidance that had allowed immigration officers to give deference to previous approvals of visa extension eligibility if facts in the initial petition had not changed. As a result, people who had O-1A or H-1B visas received requests for evidence showing their proof of eligibility, and extension denials increased, according to Feist.
Based on what happened during Trump’s first term, Kallmeyer expects that under the second administration, there’ll be extended processing times for visas and green card applications as well as tighter H-1B regulation interpretations, making it more difficult to get that type of visa.
Feist agreed about the H-1Bs, noting the Trump administration will likely find new ways to interpret definitions of specialty occupations and try to narrow who’s eligible for those visas. For example, she said, the administration could require an exact match between a person’s college degree and professional role.
A Level of Anxiety Like Never Before
Based on what Feist’s clients experienced during Trump’s first term, the second Trump administration’s immigration policies could prove stressful for some foreign-born biopharma professionals.
“The level of anxiety was like nothing that I had ever seen, and it never went away,” Feist said.
She used H-1B portability, where employees with H-1B status can switch employers once the new employers file a fresh H-1B petition, as an example. Under the first Trump administration, Feist said, foreign national clients became so uncertain about the results of H-1B filings that to this day, they sometimes don’t feel comfortable relying on pending petitions. So, they may spend $2,805 on premium processing to speed up the process, seeking to secure approval before beginning the new job.
“They’ll pay that just for the peace of mind,” Feist said. “I have two cases like that right now that are pending where the company would like the person to join, but they want to wait for that approval. And that was unheard of before the first Trump administration.”
Advice for Biopharma Professionals: Plan Ahead, Be Organized
As Trump’s Jan. 20 inauguration draws closer, Kallmeyer had a key piece of advice for foreign-born biopharma professionals: If they’re traveling internationally over the holidays, come back before the president-elect is sworn in. She said that’s for two reasons: the possibility of another travel ban and Trump’s apparent plan for a mass deportation program.
“I don’t think that the deportation piece is targeting this population that we’re talking about, but if the president declares some sort of immigration emergency, that could have much more widespread implications than just illegal immigration,” Kallmeyer said. “And if someone happens to be outside the country at that moment that that’s declared, I’m worried about what that means and whether or not they’ll be able to get in.”
Feist advised foreign-born biopharma professionals who need work visas to plan ahead. For example, she noted, they can apply for H-1B or O-1A extensions six months in advance. Feist explained that taking early action has two benefits. First, it gives applicants time to respond to requests for evidence and get approvals before their stays expire. Second, it allows attorneys time to see if something that wasn’t an issue on a previous filing is now a problem so they can adjust their strategies and timelines accordingly.
Feist also recommended foreign-born biopharma professionals keep important documents such as approval notices. In addition, she advised, those who have work visas or green cards based on their achievements should maintain records of invitations to speak at conferences, requests to review articles submitted to peer-reviewed journals, awards and even small travel grants.
“Anything at all that really demonstrates that they are someone who’s doing really great work, just keep a file,” Feist said.
Her last piece of advice was for foreign-born biopharma professionals who’ve decided they want to live in the U.S. permanently. Feist recommended starting the green card process right away, noting it’s probably going to get slower and harder to navigate. By giving themselves time for delays, setbacks and new hurdles that pop up, she said, they can avoid the anxiety of feeling that they’re running out of time.
Feist also offered some hope and reassurance, noting that foreign-born biopharma employees aren’t likely the types of professionals that Trump’s new administration will directly, deliberately target with punitive immigration policies.
“They should keep some perspective and know that it’ll probably be OK,” Feist said. “And it’ll just be a little bit harder, and that’s unfair, but ultimately, they should be able to get their work visas and get their green cards.”
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