To prepare for potential changes to U.S. Immigration policies under the second Trump Administration, employers should consider the policies and practices implemented during President Trump’s first term, as well as available information about immigration goals and objectives introduced during the 2024 election cycle. Importantly, while the foundations of U.S. Immigration are governed by federal laws that can only be changed through acts of Congress, much of current immigration policy, including immigration regulations, is controlled by Executive Branch Cabinet Departments and Administrative Agencies under the direction of the President. While we anticipate a large number of changes in U.S. immigration practice and process over the next 4 years, there are several larger trends that employers should plan to prepare for now. These include the following.
Initiate Nonimmigrant Visa Extensions and Green Card Processes Early
Prepare to start nonimmigrant and immigrant visa cases, including green card processes for employees, earlier than in years past. One of the potential changes that immigration attorneys anticipate from the new Trump Administration is an increase in decision timelines for many case types. The increased timelines may be caused by a variety of factors including reductions in the number of employees at US Citizenship & Immigration Services as well as delays caused by frivolous Requests for Evidence and other challenges to approvability. In anticipation of these increases, Parker Gallini recommends employers prepare to file cases earlier to accommodate additional government processing delays. Employers should consider preparing and filing H-1B extensions 6 to 8 months prior to the expiration of the current status or visa. Employers should also consider initiating the green card process at least 3 years in advance of a foreign national’s six-year maximum expiration for their H-1B visa.
Prepare for Increased Government Inspections
Employers should also prepare for an increase in compliance actions and government inspections of workplaces. Based on the actions of the prior Trump Administration, it is likely that this second Trump Administration will increase enforcement efforts, including I-9 Employment Eligibility Verification audits, workplace inspections, and compliance audits. The new Trump Administration may also push for the mandatory use of E-Verify in connection with employment eligibility verification compliance. Employers can prepare for such potential changes by ensuring their I-9 paperwork and any other visa compliance paperwork, including public access files, are complete, up to date, and well organized.
Encourage Employees to Limit International Travel and Plan in Advance when Necessary
Employers should tell their foreign employees to remain in the U.S. for the first several months of this Administration when possible. President Trump previously instituted travel bans for individuals from certain countries, and he indicated that he planned to close the border with Mexico as an early step in his new Administration. The current makeup of the U.S. Supreme Court suggests that any new travel ban based on an argument of national security may withstand this court’s review. In addition, an early Executive Order by the new Administration calls for enhanced vetting and screening in connection with visa applications at US Consulates abroad. This raises concerns about long wait time for visa applications and possibly erroneous visa denials. Employers should emphasize to their employees who on visas that they should not travel internationally unless necessary. Employers should also ensure that employees have all necessary documentation for any international travel prior to the employee departing the United States.
If you have further questions on any of the topics discussed above, please contact your Parker Gallini immigration attorneys.
Immigration at Work 