Special Report

The Year Ahead 2025:
Immigration Issues

What can employers expect regarding changes in immigration and worksite enforcement under a second Trump administration? From pending asylum applications, temporary protected status, immigration benefits through humanitarian parole programs, DACA, raids and more, past experience and promises made during the campaign trail offer a reasonable roadmap.

Takeaways

  • Review job descriptions, employee eligibility and sponsorship policies to prepare for higher scrutiny.
  • Consider whether changes in humanitarian programs would affect your workforce.
  • Include considerations of travel and visa delays in business plans and strategies.
  • Evaluate how delays in processing could affect hiring and retention policies.
  • Train staff how to respond to worksite visits.
  • Conduct self-audits to prepare for compliance investigations.

 

Increased Scrutiny of Business Immigration Petitions

The possible reinstatement of the “Buy American and Hire American” executive order policies will lead to increased costs and less predictability for employers:

  • More requests for evidence.
  • More denials.
  • New guidance on eligibility.
  • Less deference to prior petition approvals.
  • More PERM labor certification audits.
  • Best and brightest H-1B standard.

Possible Elimination of Humanitarian Immigration Benefits

  • Temporary Protected Status (TPS) might not be renewed.
  • Deferred Enforced Departure (DED) might be eliminated.
  • Other humanitarian parole programs could be eliminated.
  • More attempts to end the Deferred Action for Childhood Arrivals (DACA) program.

Longer Processing Times for All Cases

  • Potential decrease in USCIS and DOL staffing.
  • More interview requirements.
  • More biometrics requirements.
  • Slower PERM adjudications and slower prevailing wage adjudications.

More Enforcement

  • More FDNS (Fraud Detection and National Security) site visits.
  • More ICE or HSI audits of I-9 forms.
  • A return to worksite enforcement actions (commonly known as raids).

Travel Bans and Delays for Key Employees

  • The Trump Administration may reinstitute travel bans for individuals from “suspect” countries on national security grounds.
  • Visa processing at consulates abroad could be slowed due to staffing issues.
  • Possible increase in extreme vetting and administrative processing.

Possible Elimination of Work Authorization Benefits

  • Elimination of H-4 Employment Authorization Documents (EADs) for eligible dependents.
  • Change in policies granting automatic extensions of EADs to avoid employment gaps.
  • Ability to speed processing of EADs for eligible dependents through bundling could be ended.
tya25: Immigration Podcast

The Year Ahead 2025: Immigration and Humanitarian Concerns

 

Hosts: Sarah P. Caze, Associate, and Marissa A. Prianti, Associate

“A lot of employers have very innocent mistakes on their I-9s or employees have expired work authorization and they don't even realize it. These are things immigration counsel can help with and protect employers from liability before the enforcement starts.”
 

Listen to the podcast
tya25: Immigration Podcast 2

The Year Ahead 2025: Immigration Enforcement

 

Hosts: Amy L. Peck, Principal and Immigration Co-Leader, and Nicola Ai Ling Prall, Principal

“To be clear, raids are officially known as worksite enforcement actions. These are very large-scale operations. There are subpoenas involved, a lot of enforcement personnel, a lot of planning — and the government typically tips off the media. In terms of long-term effectiveness, they're not very effective but it does grab the headlines, which is what we think that the Trump administration wants. And it's in part, why it was done last time.”
 

Listen to the podcast

 

Related resources

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H-1B Visas: Will Trump 2.0 Be a Turning Point for Employers Needing Skilled Foreign Workers?
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USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers
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Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration
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DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals
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Travel Ban Fears? Why Foreign National Students Urged to Return to U.S. Before Jan. 20
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Nearly 65,000 H-2B Visas Released: What Employers Need to Know
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Mississippi Court Blocks DOL’s Grant of Organizing Protections to H-2A Farmworkers
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Breaking Up: Why U.S. Citizens Living Abroad Renounce Citizenship

Return to The Year Ahead 2025 Report

© Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome. 

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