Speakers: Angelo A. Paparelli
Disclaimer: The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of WERC.
The upcoming transition to Republican control of the White House and Congress will undoubtedly bring significant changes to U.S. immigration policy and prompt an immediate call to action for mobility leaders.
Immigration policy changes historically occur swiftly after inauguration. Incoming administrations often use the first 100 days of a new presidency to take bold and decisive actions. President-elect Trump’s designee as chief of staff, Susie Wiles, has forecasted as much in a 11 November 2024 New York Times article, “Trump Plans Series of Executive Orders for Day 1, Susie Wiles Tells Donors,” predicting, according to witnesses at a private function, that he “would move on his first day in office to reinstate several executive orders from Mr. Trump’s first term that President Biden had revoked.”
The anticipated executive actions and policy or rule changes could result in the imminent loss or restriction of noncitizen work permission such as DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), humanitarian parole programs like U4U (Uniting for Ukraine), and H-4 EADs (employment authorization documents for H-4 spouses of H-1B workers). They could also result in the restoration of policies from the first Trump term that were stymied by litigation or revoked by President Biden, including higher prevailing wage requirements, enhanced proof of financial self-sufficiency, and more exacting eligibility criteria for work visas and green cards.
Mobility professionals must therefore act now to prepare comprehensive strategies that—as much as possible—safeguard their organizations and noncitizen employees. Here are key areas requiring attention:
Workforce Protection Strategy
Organizations should develop a multilayered protection strategy that begins with a thorough workforce assessment. This means creating detailed profiles of every noncitizen employee, including current immigration status, work authorization type and expiration, present location, past travel to countries deemed hostile to the U.S., and upcoming international travel plans. Even U.S. permanent residents should be considered, as the first Trump administration showed that green card holders could face entry challenges or delays during surprise announcements of unanticipated visa and entry bans.
Strategic Travel Management
Past experience with sudden policy changes necessitates a proactive travel management approach. Organizations should consider implementing flexible travel policies that can anticipate or quickly adapt to new restrictions. This includes developing clear protocols for essential business travel while creating safety nets for employees who might be affected. Companies should establish criteria for determining when employees should return to the U.S. and how to handle exceptions for critical business or personal needs.
Enhanced Communications Channels and Employee Support
The next four years will likely bring increased complexity to immigration processes. Organizations should build robust support systems that include:
- Dedicated internal communication channels to announce alerts and corporate policies in response to any new U.S. immigration developments of importance or concern to management and to affected noncitizens
- Regular consultation with immigration counsel
- Wellness and family support services
- Legal assistance networks
- Career development pathways that account for potential immigration constraints
Compliance and Documentation
President-elect Trump’s designee as “border czar,” Thomas Homan, has stated that to effectuate the new administration’s announced plans for the mass deportation of unauthorized noncitizens, worksite raids (presumably including I-9 investigations) will be a key tactical accompaniment.
This anticipated increase in enforcement activities will require strengthened internal compliance measures. Organizations should invest in comprehensive compliance reviews by counsel (who may offer protection of privileged and confidential attorney-client information) before enhanced federal scrutiny begins. This includes reviews of all immigration-related policies, processes, decisions, immigration benefits requests, and verifications of work authorization. It also includes a review of all immigration records and paperwork maintained by the organization and the lawful disposal of records that are no longer required by law or regulation to be maintained.
Case Preparation Planning
As a candidate, President-elect Trump said: “We’re going to let a lot of people come in, because we need more people, especially with AI coming. The farmers need it, everybody needs it, but we’re going to make sure they’re not murderers and drug dealers.” He also forecasted in a podcast interview (as reported and welcomed in the Indian press) that during his second term: “What I want to do and what I will do is, [that if] you graduate from a college, I think you should get a green card automatically as part of your diploma, a green card to be able to stay in this country.” Shortly after the podcast aired, Trump’s then campaign press secretary and now his press secretary-designee, Karoline Leavitt, issued a statement to clarify that his plan would include an “aggressive vetting process,” to exclude “all communists, radical Islamists, Hamas supporters, America haters, and public charges.” She added: “[He] believes [that] only after such vetting has taken place, we ought to keep the most skilled graduates who can make significant contributions to America. This would only apply to the most thoroughly vetted college graduates who would never undercut American wages or workers.”
Whether or not these campaign announcements of more welcoming employment-based immigration options materialize, mobility leaders should anticipate that federal immigration agencies in the second Trump administration will view petitions and applications for visas and immigration benefits with a skeptical eye. Moreover, deference to prior visa approvals may no longer be given. This means that each new request must be fully documented with evidence to establish eligibility for the immigration benefit sought. It also means that cases will likely take much longer to adjudicate, and that more requests for evidence, notices of intention to deny or revoke petitions, and outright denials should be expected. Mobility leaders should therefore factor in the additional time, burden, cost, and frustration that the documentation of eligibility for immigration benefits will probably entail.
Financial Planning
Immigration-related costs will likely increase significantly. Organizations should prepare comprehensive budgets that account for:
- Higher prevailing wage requirements
- Increased fees for legal counsel and representation
- Enhanced compliance program costs
- Higher expenses to support affected employees and their families
- Contingency funds for unexpected policy changes and possible litigation
Business Continuity Planning
Organizations must also develop robust contingency plans that address potential workforce disruptions. These include:
- Creating detailed succession plans for key positions if noncitizen workers lose employment authorization
- Evaluating options for relocating affected noncitizens to other, more accommodating foreign locations
- Developing alternative recruiting and staffing strategies
- Building flexible work arrangements, including remote work
- Establishing clear communication protocols for affected teams
The key to successfully navigating these foreseeable U.S. immigration changes lies in preparation and adaptability. Organizations that invest in comprehensive immigration management strategies now will be better positioned to protect their workforce and maintain business continuity in the face of possibly abrupt and disruptive policy changes. These preparations are not just about compliance; they are essential to maintaining your organization’s competitive advantage through talent retention and protection of its international workforce investment.