Close
Updated:

4 Ways Trump’s Business Immigration Changes Will Impact Foreign Workers and Employers

by

The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.

This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.

But how could a Trump presidency impact legal immigration?

In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.

If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.

Want to know more? Just keep on watching

Overview

The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.

Here are the top five ways that Trump’s immigration policies will impact business immigration.

#1 The Use of Executive Orders

During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”

As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.

The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.

Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.

In his first 100 days in office, we expect that Donald Trump will:

  1. Reinstate and expand the Muslim travel bans
  2. Issue executive orders that will impose sweeping restrictions on H-1B and L-1A visa workers (Buy America, Hire American was the first initiative attacking such workers leading to higher denial rates)
  3. Issue executive orders that will adopt “extreme vetting” of immigrant and non-immigrant visa applicants applying at U.S. Consulates and Embassies overseas
  4. Ending or limiting issuance of employment authorization for spouses of H-1B workers (known as H-4 visa holders)
  5. Issue executive orders or policies that restrict the issuance of J-1 and F-1 nonimmigrant visas for individuals in exchange visitor programs and student visa programs

As a result, if you are planning to apply for a nonimmigrant visa at a U.S. Consulate or Embassy, you should do so before Trump takes office.

#2 Adjudication Delays Will Impact Business Immigration

Due to Trump’s restrictive policies on immigration, we expect there to be a significant increase in visa processing backlogs, both at Consulates worldwide and the United States Citizenship and Immigration Services (USCIS).

That is because changes in immigration policy will cause delays in visa issuance for certain nationals, and wide-spread scrutiny of visa applications.

#3 The End of Premium Processing Service for Certain Applications

In 2022, the Biden administration announced the expansion of premium processing service to reduce backlogs at the United States Citizenship and Immigration Services (USCIS) for certain types of immigration benefit requests.

Prior to the announcement, premium processing service provided faster adjudication only to petitioners filing a Form I-129, Petition for a Nonimmigrant Worker, and to certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers.

The Biden administration allowed premium processing service to be requested for Form I-539, Application to Extend/Change Nonimmigrant Status, as well as Form I-765, Application for Employment Authorization, and additional classifications under Form I-140.

It is very likely that the incoming Trump administration will either cancel or limit premium processing service to a narrow pool of applicants. This could cause delays and further backlogs for certain immigration benefits.

For that reason, applicants who are eligible to request premium processing service should do so as soon as possible to take advantage of the faster processing of their cases.

#4 PERM Labor Certification Processing Delays

We expect the Trump administration’s restrictive immigration policies to cause further delays to the PERM labor certification process, a necessary step in the employment-based green card process.

Unfortunately, these delays will mean that it will take longer for foreign workers to attain permanent residency in the United States. This may impact entrepreneurs and startup founders at a greater level, who rely on the support of investors and venture capital firms to support their operations. All in all, such delays will make it harder to retain foreign talent in the United States.

#5 Mass Enforcement of Immigration Laws

The mass enforcement of immigration laws means that the Trump administration will ramp up workplace immigration raids, public audits, I-9 compliance, employer sanctions, etc.

This will place heavy burdens on employers which will limit their ability to hire foreign workers in the long run.

How should employers and foreign workers prepare for these changes?

If you are thinking of applying for a visa, or are in the process of applying, submit your petition as soon as possible.

If you have visa petitions currently pending, and premium processing service is available, take advantage of it.

Those who need to visit a U.S. Embassy or Consulate abroad for visa stamping, should schedule their appointments as early as possible. Visa stamping can be done six months before a visa expires.

Finally, employers should strive to provide resources and educate foreign workers on the law. Staying informed is vital for employees to maintain their lawful status in the United States.

How should DACA employees prepare who are inside the United States?

Plan strategies to keep your DACA employees in the United States by consulting with an experienced immigration lawyer.

Explore avenues for employment-based green card sponsorship, or other options to allow DACA holders to maintain their employment and lawful status in the United States.

Employers Should Prepare for an Enforcement Regime including Form I-9 Audits

Employers should prepare for an incoming enforcement regime by planning for an audit of Forms I-9 internally, to ensure ongoing compliance and avoid sanctions.

Employer should work with an immigration attorney to avoid penalties for violations of the employer sanctions provision and the anti-discrimination provision of the Immigration and Nationality Act (INA).

Before conducting an audit, employers should carefully consider the purpose and scope of the audit and how it will communicate information to employees, such as the reasons for the internal audit and what employees can expect from the process.

Conclusion

While we hope that these measures will not be implemented by the incoming Trump administration, it is our goal to inform our readers about possible actions that can be taken.

No matter what changes occur, we are here to serve you. If you need to discuss long-term solutions to remain in the United States, please schedule a consultation. Together, we can develop a plan that meets your needs.

For more information, please see our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.

Suggest a Story