Employers are being encouraged to get ready for changes in immigration laws under the upcoming Trump administration. These changes may include slower processing of visa applications, stricter rules for employment-based visas, more workplace inspections, and the undoing of some policies from the Biden administration. Programs like Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS), which give work permits to hundreds of thousands of people, could also be affected.
Trump has said he plans to sign executive orders on his first day in office, January 20, 2025. Experts expect these orders will introduce tougher requirements for employment-based green cards and temporary work visas. Travel bans on certain countries are considered likely to be reinstated.
Employers should be ready for these changes, especially when it comes to E-verify and I-9 compliance. Other potential actions include:
- Closer scrutiny of the H-1B visa program
- A possible pause on employment-based green card applications due to a backlog
- A push to make E-verify registration mandatory
- More audits, workplace inspections, and immigration raids
The exact timing and any legal challenges to these changes are uncertain, but employers should act now to prepare.
For the H-1B visa program, employers can expect higher denial rates and more requests for additional information (RFEs). Trump may also remove a policy that supports deference for visa applicants with prior immigration approvals. This means removals will require the same level of review as new applications and will increase the backlog further.
Visa petitions will likely face more scrutiny, especially in areas like job requirements, qualifications, wages, and the recruitment process. Employers may need to provide more documentation and meet additional requirements to get approvals.
DACA and TPS are expected to face limits under Trump’s administration. DACA currently provides work permits to over 535,000 people, but its legality has been challenged multiple times. The U.S. Supreme Court could make a decision on this program during Trump’s time in office.
TPS, which gives temporary legal status and work permits to people from countries facing dangerous conditions, may also be repealed under Trump. As of March 2024, over 860,000 people from 17 countries have TPS in the U.S.
If you have questions about your company’s foreign worker program and how to prepare, contact us. Our team of experienced attorneys work directly with our clients to ensure they get expert advice every step of the way for their particular situations. Our firm supports our clients through site inspection, I-9 verification, RFEs and more.