What to Expect Under Trump 2.0 and Our Immediate Recommendations for Employers
With a second Trump administration beginning on January 20, 2025, swift and significant changes to immigration law, including business immigration, are expected. Based on the actions of the previous Trump administration, employers can expect to see policy changes, increased scrutiny, and longer processing times on work visa petitions (including, but not limited to, the H-1B, L-1, and TN), green card applications, as well as an uptick in audits and investigations by the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). Employers should also be prepared for increased scrutiny in visa interviews at U.S. consulates abroad and requests for admission with Customs and Border Protection (CBP) as well as potential travel bans, which can lead to disruptions in employment and travel.
We recommend that employers work with ImLaw right now on the following:
File any extension petitions for H-1B, L-1, TN, and other work visa status if within or closely approaching 6 months from expiration dates before any potential increased wage requirements, new policies, and increased scrutiny take effect.
Consider upgrading pending work visa applications with USCIS to Premium Processing for a potentially quicker decision.
File any blanket L-1 visa applications at US consulates abroad as soon as possible.
File any TN applications with USCIS or US consulates abroad as soon as possible.
File any E visa registrations and E individual visa applications as soon as possible.
Schedule any required visa appointments with US consulates abroad as soon as possible.
Initiate a PERM-based or other employment-based green card process as soon as possible.
Review and ensure that offered H-1B cap, H-1B extension, and H-1B transfer job descriptions and minimum requirements can meet a narrower definition of H-1B “specialty occupation” and stricter wage requirements.
Prepare for potential H-1B and L-1 site visits and Labor Condition Application (LCA) audits.
Evaluate alternative work visa options, where needed and available, and file applications to change status with USCIS.
Review the company’s I-9 forms and files to prepare for I-9 audits.
Evaluate and coordinate plans for travel abroad for key employees; if possible, complete any necessary travel prior to 1/20/25 and limit travel plans thereafter.
Rest assured, the ImLaw team is using its experience successfully navigating the immigration waters from 2017 – 2020 and beyond to strategize and prepare for what’s to come in the business immigration realm. Please reach out to our team with any questions or concerns.