Important Updates
Important Updates
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | ChinaChina Daily: HK Softens Imbalance in Wealth Migration
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | ChinaChina Daily: HK Softens Imbalance in Wealth Migration
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

President Biden Issues Executive Order on Review of Trump Immigration Policies

February 3, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • President Biden has issued an executive order instructing federal immigration agencies to conduct comprehensive reviews of Trump-era immigration policies.
  • The order specifically instructs agencies to review their implementation of the public charge regulation, and to recommend steps to improve or revise policies, as appropriate.
  • Streamlining the naturalization process features prominently in the order, which instructs agencies to take steps to eliminate potential naturalization barriers and to reduce N-400 processing times.

The issue

President Joseph Biden has issued an executive order that instructs federal agencies to conduct a review of regulations, policies and guidance affecting legal immigration, including the public charge rule and naturalization process, among others. The order lauds the contributions of legal immigration and states that the federal government should develop welcoming immigration strategies that promote integration, inclusion and citizenship. Titled “Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” the order was released along with two other immigration-related directives aimed at humanitarian immigration programs. In yesterday’s immigration actions, President Biden did not revoke the H/L/J nonimmigrant ban or the immigrant visa ban, each of which is scheduled to expire on March 31, 2021.

General review of existing regulations, policies and guidance

Under the directive, the Departments of Homeland Security, State, and Justice must review any existing immigration regulations, policies and guidance that may be inconsistent with the Biden Administration’s priorities of promoting legal immigration and citizenship. Within 90 days, the agencies must report to the President on barriers that impede access to and adjudication of immigration benefits, and provide recommendations for removal of these barriers. The order identifies the currently enjoined Trump-era USCIS fee rule as an example of agency action that fails to promote access to the legal immigration system.

Review of public charge implementation

Agencies must also conduct an immediate review of their implementation of the public charge rule. The Department of Homeland Security (DHS) is currently implementing the rule, but the State Department is enjoined from doing so pursuant to a federal court injunction. To comply with President Biden’s executive order, agencies must report to the White House within 60 days on the following:

  • Effect of pubic charge implementation policies on the Administration’s principle of promoting and welcoming legal immigration;
  • Effect of current public charge policy on the immigration system and on public health; and
  • Recommendations on revising policies where lawful and appropriate, and communicating policies clearly to reduce fear and confusion.


Public charge regulations are the subject of numerous lawsuits across the United States. The U.S. Supreme Court is currently considering whether to hear two separate challenges to the DHS rule.

Promoting and streamlining naturalization

In addition, within 60 days of the executive order, agencies must develop plans to promote naturalization and to streamline the process of naturalizing to become a U.S. citizen. The plans must specifically address the following areas, among others:

  • Eliminate or reduce barriers in the naturalization process, including potential barriers in connection with the N-400 application, fingerprinting, background checks, interviews, and civics and language tests;
  • Substantially reduce N-400 processing times; and
  • Review whether it is appropriate to reduce the N-400 fee and restore the fee waiver process.

 

The order also creates an Interagency Working Group on Promoting Naturalization, chaired by DHS, and charged with developing a national strategy to promote naturalization.

What it means

Foreign nationals will not see any immediate changes stemming from the order, but some process and policy changes may result from the policy and process reviews. Significant changes to existing regulations – such as public charge – would need to be implemented through the courts or through further rulemaking.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.