President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker” a priority for his first 100 days in office. That priority is likely to clash with a new rule published by the Department of Homeland Security that will take effect on January 17, 2017—just three days before the end of the Obama administration—and change conditions applicable to certain employment-based visas. 81 FR 82398 Among other things, the Obama administration’s new rule will relax certain employment restrictions on individuals with visas for highly-skilled individuals, such as the H-1B visas, making it possible for those visa holders to change jobs and extend their authorized period of admission in the United States, and for their family members to obtain work authorization.

Although Mr. Trump’s statement did not specify what “visa abuses” his administration will target, H-1B visas for specialty workers have long been the subject of political charges that they benefit non-immigrant aliens to the detriment of American workers. Investigations of visa abuses could focus on both the issuance of the visas and whether employers and employees comply with the terms of the visas once issued.