iEDecember 8, 2024
Preparing for Potential Changes in U.S. Employment-Based Immigration Policies and Processes
This summary outlines potential changes to U.S. employment-related immigration policies and processes in President-Elect Trump’s administration.
Business Related Processes
While significant changes to employment-based immigration work visa or green card processes are not anticipated, some adjustments may occur:
- Stricter Application Standards: Visa applicants may need to provide more detailed documentation to demonstrate they meet all requirements.
- Wage Adjustments: Minimum wage thresholds for visa employees may increase, impacting H-1B and labor certification cases.
- Increased Request for Evidence (RFEs): USCIS may issue more RFEs, potentially leading to longer processing times. Only the best and cleanest cases may get a “quick” approval.
- Longer Processing Times: Stricter application of the law will lead to longer processing time at USCIS.
- Greater Scrutiny on Extensions: Previously approved petitions may face stricter reviews unlike the current policy of giving deference to prior adjudication.
- Higher Denial Rates: With stricter standards, denial rates could rise. There is the potential for arbitrary or bad decisions from USCIS.
- Potential Disruptions in Work Authorization: Programs like DACA, TPS, and H-4 work authorizations may face changes, possibly affecting work schedules and productivity. As these programs are not “sponsored” by an employer, they may not be visible to employers’ immigration teams.
- Delays at U.S. Consulates: Visa appointment availability and processing times may be impacted due to stricter scrutiny of applications. Security check related delays may increase.
Enhanced Enforcement Activities
Employers may encounter increased government oversite, including:
- Site Visits: USCIS officers may conduct unannounced site visits to verify compliance with visa terms.
- I-9 Audits: Compliance with I-9 regulations may come under closer examination, and E-Verify may become mandatory.
- Worksite Inspections: Certain industries could see heightened enforcements actions by ICE to ensure work authorization compliance.
Recommendation for Employers
To navigate these potential employment-based immigration changes effectively, employers should consider:
- Collaborating closely with immigration counsel.
- Starting extension processes early to account for potential delays.
- Setting flexible timelines for hiring visa employees.
- Managing expectations regarding visa outcomes and processing times.
- Advising employees to plan international travel carefully.
- Compliance with internal immigration and HR policies to ensure equal treatment of all employees.
- Conducting internal I-9 audits to ensure compliance.
- Developing a contingency plan for unexpected audits.
Employment-Based Immigration: Positive Opportunities
Some developments may be advantageous. Policies emphasizing “Buy American, Hire American (BAHA)” should encourage visa employees to highlight their contributions to U.S. economic initiatives, potentially supporting favorable outcomes. Additionally, there may be opportunities for businesses to advocate for practical, business-immigration friendly reforms.
If you have any questions or would like to discuss strategies for navigating these potential changes in employment-based immigration, please do not hesitate to contact me at 602-675-9486 or jleung@jclimmigration.com. We are here to support you in preparing for the next Administration.
Thank you.
Sincerely,
JCL IMMIGRATION ATTORNEYS, PLLC
Jared C. Leung
Managing Attorney