With the recent election results, we’re looking ahead to some significant shifts in U.S. immigration policy under President-Elect Trump’s administration. The expected policy changes may include tighter travel restrictions, heightened security screening, and stricter enforcement measures. These could lead to longer processing times, increased denial rates, and more administrative hurdles for employment-based immigration.

Key Changes to Expect

1. Travel Restrictions and Extreme Vetting
   • Reinstated Travel Bans: President-Elect Trump has suggested he will bring back travel bans similar to those implemented during his previous term. These bans affected countries like Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen, and could even expand to include more nations. These restrictions may go into effect as early as January 20, 2025, on Inauguration Day.
   • Enhanced Vetting Requirements: We can also expect more stringent security protocols, often called “extreme vetting.” This would likely mean increased biometrics collection, in-depth background checks, and more thorough security screenings at multiple points—visa applications, entry points, and renewal applications. As a result, foreign employees may experience longer approval times and a higher chance of visa denials, which could disrupt travel plans and work schedules.
2. Changes to Employment-Based Immigration Processing
   • More Procedural Barriers: If you’re sponsoring foreign nationals, you may encounter more complex processes, such as additional documentation requirements, more government requests for evidence (RFEs), and slower case processing. This could affect even routine renewals or status changes, which may now require a more comprehensive demonstration of eligibility, especially if previous approvals are no longer given deference.
   • Focus on Prioritizing American Workers: A key theme will likely be the “American workers first” approach, with increased scrutiny to ensure foreign employees are not seen as replacing U.S. workers. For programs like the H-1B and PERM labor certification, expect possible changes that could require higher prevailing wages, potentially raising the cost of employing foreign talent.
   • Prepare for Heightened Scrutiny: This administration will probably keep a close watch on work authorization categories like H-1B, F-1, and J-1. You may encounter more requests for evidence and possible delays, so accuracy and thorough documentation in these employment-based petitions will be essential.
3. Impact on Humanitarian Programs
   • Potential Termination of DACA and TPS: It’s expected that the new administration will review, and possibly terminate, both the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs, potentially affecting work authorizations for many current employees. Additionally, the Supreme Court could rule on DACA soon, which might result in an end to the program within the next year.
   • Changes to Parole Programs: We may also see a rollback of recent parole programs for specific nationalities established by the Biden administration. This could impact employees relying on these programs, so it’s wise to assess whether they can transition to a more stable employment-based visa and to be prepared for any risks in these filings.
4. Enhanced Enforcement and Compliance Obligations
   • Intensified Audits and Inspections: We’re likely to see a greater focus on employer audits and inspections, especially around Form I-9 verification, labor certification compliance, and adherence to anti-discrimination laws. You may also notice an uptick in inspections from the USCIS Fraud Detection and National Security (FDNS) division, making careful compliance crucial to avoid penalties.
   • Increased DOJ Scrutiny on Hiring Practices: The Department of Justice is also expected to monitor hiring practices closely to ensure that U.S. workers are not disadvantaged in favor of foreign nationals. Employers should prepare for possible audits that look into hiring procedures, wage practices, and fair treatment of both U.S. and foreign workers.

Recommended Action Steps for Employers

1. Inventory Your Foreign Employees
   • You may want to establish a policy encouraging at-risk employees to return to the U.S. promptly to avoid complications with any potential travel restrictions. This can help maintain continuity of employment and minimize unexpected disruptions.
   • It is also recommended that employees be advised to be in the US prior to the change in administration so as to avoid surprise Executive Actions which previously stranded employees abroad.
2. Develop Communication and Support Strategies
   • Create Dedicated Communication Channels:  If possible, it may be best to set up an internal platform where you can share timely updates on policy changes and any strategic adjustments. Regular communication can help ease anxiety among employees and keep everyone informed.
   • Offer Employee Support Programs: Providing resources for immigration support, such as one-on-one meetings with HR or Younossi Law, can help employees feel more secure. Consider offering consultations for employees and their families, addressing work authorization concerns for spouses, and even legal assistance for those who may be affected by program changes or travel bans.
3. Review and Strengthen Compliance Protocols
   • Conduct Internal Audits: Now is a good time to proactively audit your immigration practices, including reviewing Form I-9s, ensuring E-Verify compliance, and double-checking labor certification regulations. Additionally, it’s wise to revisit hiring policies to make sure they don’t inadvertently disadvantage U.S. workers.
   • Address Compliance Gaps: With increased scrutiny expected, ensuring accuracy in employment-based petitions and addressing any gaps now can help minimize risks, potential violations, and penalties.

In preparing for these changes, staying informed and planning ahead can help employees adapt to a shifting immigration landscape while supporting your employees through any uncertainty. With proactive steps, clear communication, and robust compliance, we hope to keep your organization resilient and responsive during this transition.