Speakers: Michael T. Jackson
In the wake of the executive orders signed by U.S. President Donald Trump last week and the executive actions that various federal agencies are currently undertaking as a result, the question top of mind for many talent mobility practitioners has been how to prepare their organizations for the range of anticipated changes that are likely in the coming weeks and beyond.
We asked the service provider and corporate members of WERC’s newly formed U.S. Immigration Rapid Response Task Force to share their insights on how practitioners can begin preparations for the evolving immigration landscape in the United States. Below are some suggestions provided by various task force members:
Prepare Your Data
In advance of the implementation of various actions connected with executive orders and/or federal agency directives/policy decisions, mobility practitioners should work with their internal constituents and, if applicable, external vendor partners to ensure that you have the cleanest, most accurate source of record for ascertaining information about your transferee populations and who might be impacted by various actions. This is particularly important for cases where you need to identify impacted populations and communicate with them in a timely manner about an action that may go into effect either immediately or within a short window of time after the announcement.
Educate Internal Stakeholders on What to Expect
Task force members encourage mobility practitioners to educate key internal stakeholders such as human resources business partners and other HR partners, legal departments, and business unit leadership on the potential actions and what to expect.
Areas to cover include: employee populations that may be impacted, potential impacts of executive orders and/or agency actions on talent strategies and business operations, and potential cost considerations as changes impact foreign nationals currently in the United States and potential talent companies may be looking at bringing to the U.S. on an employment-based visa in the coming years.
Think Through Alternative Talent Pipeline Options
In situations where employees may lose their work authorization or experience processing delays with visa options that impact their ability to work in the United States, talent mobility professionals are encouraged to work with their internal stakeholders to consider existing or potential alternative talent pipelines to ensure organizational needs continue to be met and various skills gaps that may exist are addressed.
Review Your Immigration-Related Policies
Given the scope of changes impacting various U.S. immigration options, task force members encourage talent mobility practitioners to review any existing immigration-related policies that may be in place within their organization and flag areas that may be impacted by the changing landscape. In particular, multiple task force members encouraged organizations that may have policies around visa sponsorship criteria to review those policies, in conjunction with their internal and external partners, and determine how best to align with evolving requirements and processes and position, to the extent possible, any individuals that receive sponsorship from their employer for successful outcomes with their applications/petitions.
Consider Your Organization’s Practices Around Premium Processing
With adjudication and processing times anticipated to increase as changes are rolled out by the Trump administration, talent mobility practitioners should determine within their organizations how and when they decide to engage in premium processing. Alignment around practices, either as part of a formal policy or as an operational understanding, will allow companies to more effectively budget for potential immigration costs and will allow stakeholders across the organization to understand when or how premium processing is applied to cases.
Strategize on How You Might Deal With Cases Where Employees Cannot Return to the United States
If, as anticipated, a new travel ban precludes certain foreign nationals from being admitted into the United States, talent mobility practitioners may have employees who cannot be admitted or readmitted into the United States. Additionally, other employees in-country may be in circumstances resulting from various executive actions where they are no longer able to remain in the United States after the action goes into effect. Talent mobility professionals should strategize with their HR and legal teams on how to handle these cases if they come up and what options may be necessary to mitigate potential risks for the impacted employees and the employer. These could include, depending on the circumstances, leveraging unpaid leave, hiring the employee directly abroad or via a PEO/EOR provider, or terminating the employee.
Plan for Increased Site Visits
Site visit rates by various federal agencies are expected to increase in 2025 and beyond, and task force members encourage talent mobility practitioners to prepare site visit guidelines for their organizations and educate their on-site partners and sponsored employees about what is involved with site visits and what is expected of employees, managers, third-party partners (if applicable), and business units if a site visit occurs. Site visits could encompass any worksite associated with the sponsored employee, which could include third-party locations where work may be occurring and an employee’s home if is listed as a worksite.
Prepare for Audits
As compliance measures ramp up across various employment-based visa categories, task force members encourage talent mobility professionals to assess their records, including H-1B public access files and I-9 employment verification documentation, and internal practices in preparation for an anticipated rise in compliance audits. Additionally, ensure that your COVID-19 protocols are part of your compliance SOPs.
Additional Resources
Below are additional resources available from immigration law firms involved with WERC’s Rapid Response Task Force that provide additional tips and recommendations for talent mobility practitioners: