With the possibility of Donald Trump returning to the Oval Office, businesses and employees alike should prepare for significant shifts in U.S. immigration policy. Changes are expected to impact not just those on work visas but also employers who interact with the broader immigrant workforce. Here are five key areas to monitor and steps to stay ahead of the curve:
1. Enhanced Worksite Compliance and Audits
Employers can expect an uptick in worksite investigations, particularly in industries reliant on immigrant labor, such as construction, agriculture, and hospitality. Immigration and Customs Enforcement (ICE) may intensify Form I-9 audits and worksite inspections, with penalties for non-compliance potentially reaching tens of thousands of dollars.
How to Prepare:
- Conduct regular internal audits of Form I-9 records to ensure accuracy.
- Train HR personnel on proper completion and verification processes.
- Develop a response plan for potential site visits by ICE agents.
2. Uncertainty for Humanitarian Program Beneficiaries
Programs like Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA) are likely to face renewed scrutiny. Businesses employing individuals under these protections should assess the potential impact of changes on their workforce.
Employer Action Plan:
- Review workforce data to identify employees relying on humanitarian work authorization.
- Avoid discriminatory practices during hiring or employment verification processes.
- Develop contingency plans for workforce disruptions.
3. Stricter Oversight of Employment Authorization
The Trump administration may revisit Employment Authorization Document (EAD) policies, potentially impacting foreign nationals with temporary work authorization. While the 540-day automatic extension period provides some relief, employers should encourage early renewal applications to avoid gaps in work authorization.
Proactive Steps:
- Monitor EAD expiration dates and ensure timely re-verification.
- Encourage employees to submit renewal applications at the earliest opportunity.
- Stay informed about potential regulatory changes to EAD processing.
4. Tightened Visa Adjudication Standards
Employment-based visa programs, including H-1B and L-1 visas, could see heightened scrutiny and a resurgence of Requests for Evidence (RFEs). Employers sponsoring foreign workers may face longer processing times and stricter eligibility requirements.
Best Practices:
- File renewal applications early and consider upgrading to premium processing.
- Prepare comprehensive documentation to support visa petitions.
- Explore long-term immigration strategies, such as initiating green card sponsorship earlier.
5. Challenges in International Travel and Visa Issuance
Increased delays and scrutiny at U.S. embassies, consulates, and ports of entry may become the norm. A return to travel restrictions targeting certain countries could further complicate international mobility for employees.
Guidance for Employees:
- Travel with all required and supplementary documentation, including recent pay stubs and employment verification letters.
- Limit international travel when possible to avoid disruptions.
- Stay informed about potential travel bans or policy changes.
Partner with NPZ Law Group to Navigate the Shifting Immigration Landscape
As immigration policies evolve, businesses and employees must remain vigilant and proactive. At NPZ Law Group, our team of immigration experts provides strategic guidance to help employers comply with changing regulations and protect their workforce. Contact us today to learn how we can assist with your immigration needs.
Contact Us
For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.