What can employers expect regarding changes in immigration and worksite enforcement under a second Trump administration? From pending asylum applications, temporary protected status, immigration benefits through humanitarian parole programs, DACA, raids and more, past experience and promises made during the campaign trail offer a reasonable roadmap.
Takeaways
- Review job descriptions, employee eligibility and sponsorship policies to prepare for higher scrutiny.
- Consider whether changes in humanitarian programs would affect your workforce.
- Include considerations of travel and visa delays in business plans and strategies.
- Evaluate how delays in processing could affect hiring and retention policies.
- Train staff how to respond to worksite visits.
- Conduct self-audits to prepare for compliance investigations.
Increased Scrutiny of Business Immigration Petitions
The possible reinstatement of the "Buy American and Hire American" executive order policies will lead to increased costs and less predictability for employers:
- More requests for evidence.
- More denials.
- New guidance on eligibility.
- Less deference to prior petition approvals.
- More PERM labor certification audits.
- Best and brightest H-1B standard.
Possible Elimination of Humanitarian Immigration Benefits
- Temporary Protected Status (TPS) might not be renewed.
- Deferred Enforced Departure (DED) might be eliminated.
- Other humanitarian parole programs could be eliminated.
- More attempts to end the Deferred Action for Childhood Arrivals (DACA) program.
Longer Processing Times for All Cases
- Potential decrease in USCIS and DOL staffing.
- More interview requirements.
- More biometrics requirements.
- Slower PERM adjudications and slower prevailing wage adjudications.
More Enforcement
- More FDNS (Fraud Detection and National Security) site visits.
- More ICE or HSI audits of I-9 forms.
- A return to worksite enforcement actions (commonly known as raids).
Travel Bans and Delays for Key Employees
- The Trump Administration may reinstitute travel bans for individuals from "suspect" countries on national security grounds.
- Visa processing at consulates abroad could be slowed due to staffing issues.
- Possible increase in extreme vetting and administrative processing.
Possible Elimination of Work Authorization Benefits
- Elimination of H-4 Employment Authorization Documents (EADs) for eligible dependents.
- Change in policies granting automatic extensions of EADs to avoid employment gaps.
- Ability to speed processing of EADs for eligible dependents through bundling could be ended.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.