"The outcome of the presidential election, with Donald Trump returning to the White House, marks a turning point in immigration policies. Employers and foreign workers should prepare for tighter regulations, heightened enforcement, and potential restrictions under the renewed Trump administration."
2024: HIGHLIGHTS
- Demand for employment-based visas surged, but there were ongoing challenges due to visa limits, backlogs, and resource limitations.
- The H-1B registration (lottery) system was adjusted to limit each beneficiary to a single registration—regardless of the number of job offers or sponsoring employers—to prevent duplicate entries and reduce potential fraud.
- The Biden Administration broadened Humanitarian Parole and Temporary Protected Status designations, offering eligible individuals the opportunity to obtain work authorization. Efforts were also made to provide stability for Deferred Action for Childhood Arrivals (DACA) recipients.
- To reduce processing backlogs, interview waivers were expanded for certain applicants applying for visas and immigration benefits.
- US Citizenship and Immigration Services (USCIS) raised filing fees for certain employers under an "ability to pay" model. Large employers are required to pay higher fees than small employers. In addition, employers are required to pay supplemental fees to fund other, non-related immigration categories.
2025: OUTLOOK
- The Trump Administration is likely to pursue stricter eligibility requirements for employment-based visas, focusing on protecting US workers. Proposed changes could include higher wage thresholds, increased site visits, and restrictions on third-party placements. Employers should also prepare for a return of policies such as the "Buy American, Hire American" executive order, which may lead to tighter scrutiny in visa adjudications and renewals.
- The Trump Administration is expected to significantly ramp up workplace enforcement. Employers can anticipate more frequent audits and site visits, as well as increased penalties for hiring unauthorized workers.
- We expect backlogs and visa caps to continue to exacerbate challenges for workers and their employers.
- The Trump Administration is expected to limit humanitarian parole and Temporary Protected Status designations and may phase out certain protections for DACA recipients. Employees under these programs should prepare contingency plans, including exploring alternative immigration pathways.
- Under the Trump Administration, USCIS will likely be viewed as a screening and vetting agency. We can expect enhanced standards for adjudicating immigration benefits requests, additional scrutiny of cases, and an emphasis on policies to reduce fraud.
The return of a Trump Administration in 2025 heralds a more restrictive immigration environment, particularly for businesses employing foreign talent. Employers should prepare for increased scrutiny, tighter regulations, and intensified enforcement. Proactive compliance measures and strategic planning will be critical to navigating the evolving landscape.
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