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Trump’s Impact on Employment Visas: What Employers Should Expect
As a new presidential administration takes office, the future of employment-based visa policies is once again in the spotlight. While campaign promises have centered on border security and addressing unauthorized immigration, employers must also prepare for potential shifts in legal immigration policies. In particular, employment-based visas will be an area of focus under the Trump administration. Although it remains to be seen, we can glean some insight from President Trump’s previous time in office. By understanding these past actions, businesses can stay ahead of policy changes and ensure their operations remain compliant and competitive.
During the first Trump administration, there were no major increases in the availability of employment-based visas, particularly H-1B visas. However, there was an uptick in visa denials, especially early on. The administration also introduced additional requirements regarding salaries and increased scrutiny over the need for foreign labor. Many of these changes were slowed or reversed by subsequent court rulings. As the next administration prepares to take office, employers should be ready for wide shifts in policy and a more rigorous enforcement environment.
What This Means for Employers
Employers should anticipate heightened scrutiny under the new administration, including:
- More frequent site visits by the Department of Homeland Security and/or Department of Labor
- A closer examination of hiring practices
- More stringent oversight of foreign labor usage
To be prepared, it’s essential to review your company’s internal policies and procedures to ensure compliance, particularly in case of government audits or inquiries. These policies and procedures can help address any issues before they become problematic.
Regardless of the size of your foreign workforce or the number of employees on temporary visas, a thorough review of your overall immigration compliance program is recommended. Many businesses delay this review due to time or budget constraints, or because they assume they won’t be targeted by government enforcement. However, this approach can lead to significant risks, especially when the policy landscape is uncertain. Given the potential for changes under the new administration, a proactive stance is the best way to ensure your company is prepared, no matter what direction immigration policy takes.
By taking these proactive steps, employers can reduce the risk of issues in immigration visa matters and demonstrate a commitment to compliance and integrity, regardless how policies evolve under the new administration. Partnering with an expert immigration provider, like Guidepost, can provide invaluable support. We have partnered with many U.S. employers to solve issues of concern and solidify immigration practices. Moreover we have reviewed and suggested revisions to internal policies and procedures to ensure issues are addressed before they become problematic. We bring a deep understanding of the pitfalls and can guide employers through internal audits and reviews to help mitigate risks before they escalate. With our guidance, employers can confidently navigate the immigration visa process and secure their workforce while maintaining compliance and contributing positively to both their business and the broader economy.
John G. Connolly
Senior Managing Director
John G. Connolly provides subject matter expertise to large, international corporations regarding employer compliance with federal immigration laws, including visa compliance and reviews and remediations of I-9 forms and the E-Verify processes. He also works with firms in conducting due diligence investigations as well as providing subject matter expertise in support of litigation. He previously served as the Deputy Executive Associate Director for the Department of Homeland Security Immigration and Customs Enforcement (DHS-ICE). There he had a wide range of management responsibilities, including supervision of Homeland Security Investigations (HSI) which included investigations involving money laundering, intellectual property rights and customs and immigration violations.
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