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.
