Your Guide to U.S. Immigration Changes
In this series, we will track the upcoming and expected changes to U.S. immigration policies under the Trump administration. We’ll share our insights, how we anticipate these changes will play out, and, most importantly, how you can best prepare. Whether you are living in the U.S. or planning to move here, these changes may impact your immigration process, so staying informed is crucial. Please note, none of the information shared here constitutes legal advice. For personal matters, always consult a qualified immigration attorney or reach out to us if you need help finding an immigration attorney. That being said, we hope this blog series will provide valuable information and help guide you through the evolving landscape of U.S. immigration policies.
If you found our blog post then you may have already heard about the sweeping changes to immigration policy that came under former President Trump’s administration within the first weeks of taking office. Some changes have already been implemented, while others remain speculation still. Overall, these changes will greatly impact both employers and foreign workers. If you’re navigating the visa process, or an HR professional responsible for helping teams hire foreign talent, it’s important to stay up-to-date on these developments.
We’ve rounded up the top anticipated immigration changes you should be aware of, with an emphasis on how they could impact work visa sponsorships and corporate immigration policies.
1. Higher Fees & Delays in Processing
Although there are no set changes to the fixed filing fees, we can anticipate that overall the fees per work visa application will increase as a result of changes to the work visa processing. More applicants may select premium processing for the applications, which guarantees an expedited timeline for the application processing. This carries a significant fee to add on premium processing. Additionally, we expect an increase in RFEs (Request for Evidence), which would result in increased legal fees per application, however exact amounts will depend on each immigration firm. If an initial application is denied and the employer agrees to submit a second application that will incur double the fees as only having to submit one application.
If a foreign worker is outside the U.S. waiting for their visa approval then the extended timeline for processing can result in additional personal costs related to their accommodations and daily expenses. Many individuals are reporting extended wait times for approvals. Managing timing expectations is key when navigating the visa process this year. For those already living in the U.S. on a visa or anticipating a move to the country, these changes could make renewals or new visa applications more costly. It could be beneficial to begin conversations early between employers and foreign workers in order to plan for all possible outcomes and set up back up plans.
If employers agree to cover the additional costs resulting from the US immigration changes then the will need to reevaluate their budgets and hiring practices. These higher costs could impact a company’s ability to sponsor workers, making it harder to hire the best talent from abroad.
2. Impact on HR and Hiring Managers
As these changes roll out, HR teams and recruiters will need to adjust their strategies for hiring foreign workers. They’ll need to be fully aware of the evolving immigration policies and make sure they are aligned with the updated rules and timelines.
As a foreign worker, it’s important to also stay informed, especially when looking to change jobs on a work visa. As many employers work to familiarize themselves with these ongoing changes it will be critical to maintain open communication and remain patient as they get up to speed.
An unfortunate side effect could be that companies may roll back their immigration benefits, such as no longer covering the costs for dependents of employees on work visas. This could be due to budget restraints as overall costs increase, while changes of approval see a downward trend.
3. Increased RFEs and Public Charge Rule
Another significant change is the expected increase in Requests for Evidence (RFE) from USCIS. A higher RFE rate means more paperwork, additional legal fees and longer processing times without a clear expectation of the outcome. This can complicate the visa process and impact the US workforce if foreign workers are dealing with work authorization issues.
Additionally, if there is a reintroduction of the Public Charge Rule for green card applicants it could add another layer of complexity for those applying for permanent residence. Under this rule, applicants may be scrutinized based on their financial status, including any government assistance they may have received in the past. If this is added then be prepared for additional paperwork when preparing these applications.
4. Consulate Denial Rates and Administrative Processing
There has also been an increase in consulate denial rates, which means that individuals applying for visas abroad might face more hurdles at the consular level. The overall trend toward higher rates of administrative processing means applications could be delayed for further review, adding uncertainty to an already stressful process. Lean into your immigration attorney for guidance and support while going through this complicated process. Also, take the time to set back up plans in case there is a consulate denial, whether that means re-applying at a later date or applying for a different work visa category.
The Takeaway for Corporate Immigration
For employers navigating the changing immigration landscape, it’s crucial to stay on top of these developments and plan ahead. For those managing the immigration function at their company, the takeaway is simple: be extra cautious and thorough with all applications. USCIS’s track record suggests that delays and confusion are likely to continue, so take extra care in preparing applications. When in doubt, seek clarity from the qualified immigration attorney since a proactive approach may save time and energy in the long run.
For those foreign workers already in the US on a work visa, it’s helpful to check in with the HR team or immigration counsel if there are any questions about the immigration policies. For those who have yet to move to the US, it’s best to assume a slower processing timeline will happen over the next few months. We offer a free consultation and a variety of service packages in case additional support is needed when navigating these topics. We can also connect individuals to reputable immigration attorneys.
Additional Immigration Changes
There are also immigration changes that will impact individuals already in the US on other visas or those seeking visas:
Travel Bans: Restrictions on travel from certain countries may be implemented to hinder travel. The list of countries can evolve and the government websites are a great resource to stay updated.
Temporary Protected Status (TPS): TPS recipients could face uncertainties regarding their ability to remain in the U.S., as new policies continue to evolve. For example, currently Venezuelans are at risk of deportation if TPS is rescinded for them.
Birthright Citizenship: There is a debate over birthright citizenship which may affect individuals born in the U.S. to non-citizen parents. Pay attention to the evolving discussions surrounding this policy, as it could lead to significant changes in eligibility for citizenship if approved.
How to Stay Informed
It’s crucial to stay informed and prepared for any new developments that may affect you or your business. We recommend setting up Google Alerts for specific immigration policies or issues that are most relevant to your situation.
For timely insights and updates, many large U.S. immigration law firms offer email subscriptions and news alerts on immigration policy. Staying subscribed to these updates can provide you with valuable information to navigate the shifting landscape.
The Trump-era immigration policies have had a lasting impact on the U.S. immigration system, and it’s essential to stay ahead of the changes.
By staying informed and working with qualified immigration attorneys, you can ensure that you’re prepared for whatever comes next in the ever-evolving world of U.S. immigration. We offer a free consultation and a variety of service packages in case additional support is needed when navigating these topics.
