Important Updates
Important Updates
May 20, 2025 | United StatesUnited States: April/May 2025 DOL PERM and PWD Processing Times
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 20, 2025 | United KingdomFinancial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients
May 20, 2025 | United KingdomResearch Professional News: Immigration White Paper Offers Employers Costs without Clarity
May 20, 2025 | United StatesUnited States: April/May 2025 DOL PERM and PWD Processing Times
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 20, 2025 | United KingdomFinancial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients
May 20, 2025 | United KingdomResearch Professional News: Immigration White Paper Offers Employers Costs without Clarity
May 20, 2025 | United StatesUnited States: April/May 2025 DOL PERM and PWD Processing Times
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • 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
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Media mentions

Forbes: H-1B Visa Cap Results: 65% Rejected, Immigration Fees Prompt Decline

Partner Kevin Miner noted that higher H-1B fees may have led employers to be more selective, though demand remains strong.

Learn more

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Media mentions

Forbes: H-1B Visa Cap Results: 65% Rejected, Immigration Fees Prompt Decline

Partner Kevin Miner noted that higher H-1B fees may have led employers to be more selective, though demand remains strong.

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.