As Donald Trump prepares to assume his second term as US President in January 2025, immigration is poised to become one of the most prominent and closely scrutinized policy arenas of his Administration.

We’re receiving a lot of calls from concerned employers, concerned about possible US travel restrictions and extreme vetting of visa applications that may be on the horizon.

While we await the details of the new Administration’s plan on immigration, we have set out below some key areas of potential reform, which may impact employers, workers and business travelers to the US.

 

Potential Immigration Policy Shifts

 

Drawing from his prior Administration’s policies, campaign promises and frameworks like the Heritage Foundation’s Project 2025, Trump’s focus may emphasize enforcement, border security and restrictions on both legal and undocumented immigration. Any such change in policy and regulation may well create challenges for employers with foreign talent and for individuals seeking entry to the US for work or business purposes.

 

Enhanced Immigration Enforcement

 

The Administration is expected to prioritize strict immigration enforcement measures. Mass deportation campaigns targeting undocumented individuals are likely to resume, potentially causing disruptions in industries that rely heavily on this labor force, such as agriculture, hospitality and construction.

Mandatory E-Verify, the digital system used to confirm workers’ eligibility to work in the US, is anticipated to be enforced universally, requiring all employers to verify employee work authorization. This will increase employers’ administrative responsibilities and may result in penalties for non-compliance. USCIS’s Fraud Detection and National Security division is also expected to expand worksite audits, intensifying scrutiny on Form I-9 practices.

In preparation for any such developments, employers may opt to assess their compliance to address any potential violations.

 

Entry Restrictions and Extreme Vetting

 

A reinstatement of travel bans targeting certain countries is probable, building on prior restrictions from 2017 to 2021. These bans may extend to additional nations and will likely involve “extreme vetting” procedures, including biometrics, heightened security check and more comprehensive background investigations. These measures will result in longer processing times, increased visa refusals and challenges for business travelers and employees entering the US from these nations.

 

Restrictions on Legal Immigration

 

Trump’s second term could well revitalize “Hire American” policies, which prioritize US workers over foreign talent. Employers seeking H-1B and other employment-based visas should prepare for stricter requirements and reduced quotas. Restructuring of H-1B visas may prioritize applicants with elite skills or higher wage thresholds, potentially narrowing access to foreign talent for many businesses.

Proposals to reduce legal immigration levels by up to 50% could also severely impact family-based and employment-based immigration categories. Visa caps on agricultural (H-2A) and non-agricultural (H-2B) workers may tighten, further restricting industries reliant on seasonal and temporary workers.

 

Rollbacks of Biden-Era Immigration Policies

 

Programs supporting STEM professionals and humanitarian protections, such as Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS), are at risk of suspension or termination. Reversal of streamlining measures and policies aimed at simplifying visa and green card applications would further slow processing times and increase administrative burdens.

 

Agency Reorganization and Operational Changes

 

USCIS is likely to shift toward a security-focused agency, heightening scrutiny of applications and increasing procedural complexity. The Administration may expand filing requirements for work permits and visas, mandating more frequent renewals. Such changes would result in longer adjudication timelines and higher costs for employers and applicants alike.

Project 2025 recommendations, including suspending updates to H-2A and H-2B visa eligibility and reducing employment authorization for nonimmigrants, could also reshape workforce access to immigrant labor.

 

Implications for Employers

 

Employers should anticipate heightened administrative burdens due to increased Requests for Evidence (RFEs) and stricter documentation requirements. Compliance audits and workplace inspections will become more frequent, demanding meticulous recordkeeping and adherence to labor certification requirements.

Visa processing delays may impact the ability to onboard foreign talent promptly, disrupting project timelines and operational efficiency. Sectors such as technology, agriculture and hospitality could face particular challenges, given their reliance on skilled and seasonal immigrant labor.

Recommendations for employers to prepare for potential shifts in rules and regulations include:

 

Compliance and Risk Mitigation

Employers should prioritize internal audits of I-9 records and ensure adherence to visa and labor certification requirements. Proactively reviewing compliance practices will reduce risks during potential inspections or audits. Developing contingency plans to address delays and denials—such as reskilling domestic workers or diversifying global hiring locations—will also be essential.

 

Strategic Advocacy and Engagement

Collaborating with industry groups and policymakers will be critical for advocating balanced immigration reforms that support economic competitiveness. Regularly monitoring updates from US government agencies will help businesses adapt to new regulations promptly.

 

Employee Support and Communication

Transparent communication with employees about potential policy changes will help build trust and clarity. Providing access to legal counsel for affected workers can help address concerns and address evolving immigration requirements.

 

Technology and Workforce Planning

Investing in digital tools to manage immigration workflows and track compliance efficiently can alleviate administrative burdens. Exploring remote work options or hiring talent in countries with more favorable immigration policies will help mitigate disruptions.

 

Challenging Decisions

Employers should be ready to challenge unreasonable denials or restrictive measures that impact operations. Our attorneys are highly experienced in developing strategies to challenge decisions and safeguard business interests.

 

Need Assistance?

 

Trump’s second presidency is expected to precipitate changes across the US immigration framework, requiring employers to be proactive to mitigate impact, avoid operational disruption and pursue opportunities.

Planning, compliance and strategic advice will be key.

Our US immigration attorneys are on hand to provide support and guidance through this transition, providing tailored advice to help employers develop forward-thinking strategies that align with changing regulations, ensuring compliance while maintaining workforce stability. We can also assist with tactical requirements – streamlining application processes, addressing Requests for Evidence, and managing appeals or denials. For specialist support, contact us.