Employers are being urged to prepare for slower processing time, restrictions on employment-based visas, a higher level of worksite inspection, and the rollback of some of the Biden administration’s policies. Among the programs considered at risk are Deferred Action of Childhood Arrivals (DACA) and Temporary Protected Status (TPS). These programs give hundreds of thousands of workers employment authorization in the U.S.

Trump has promised to issue several executive actions on his first day in office, which is January 20, 2025. Experts believe the actions will include stricter eligibility criteria for employment-based green cards and temporary work visas, among others. Country-based travel bans are considered likely to be reinstated.

Employers should anticipate and prepare for the potential impact of these changes. A focus on E-verify and I-9 compliance is expected. Other potential actions include:

  • H-1B visa program scrutiny
  • Potential suspension of employment-based green card applications based on backlog
  • Support for making E-verify registration required
  • Significant increase in I-9 audits, worksite inspections, immigration raids

The timeline and any subsequent legal challenges are clearly unknown; however, employers are urged to take a proactive stance.

Impacts anticipated to the H-1B program include a higher denial rate and more requests for evidence (RFE). Trump is expected to rescind a policy that supports deference for applicants with prior immigration approvals. Therefore, removals will require the same level of review as new applications, even This will further drive the backlog of cases.

Visa petitions are expected to face a higher level of scrutiny in several areas. Evaluation of job requirements, qualifications, wages, and the overall recruitment process are expected to see an increase in inspection. Based on this, more RFEs, documentation requirements, and additional requirements to receive approval are expected.

DACA and TPS are expected to see limitations. Over 535,000 individuals in the U.S. have DACA benefits, including employment authorization. The program has been the subject of several challenges since inception, challenging its legality. Consideration by the U.S. Supreme Court is expected during the Trump administration.

The TPS program could be repealed under Trump. The program provides a temporary legal status and employment authorization to individuals from countries determined to be unsafe for their citizens return. As of March 2024, over 860,000 individuals from 17 countries are in the U.S. with TPS.

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 the right advice for their particular situations. Our firm supports our clients through site inspection, I-9 verification, RFEs and more.

Employment-based immigration