U.S. Employment-Based Immigration

U.S. Employment-Based Immigration

As the Trump administration implements changes related to employment-based immigration in the United States, WERC is supporting talent mobility professionals in navigating the changing landscape and equipping them to support their companies and transferees.

Below is a range of information and resources compiled by WERC and its volunteer members to help talent mobility professionals navigate the ongoing and potential changes related to employment-based immigration. These resources will be regularly updated as events unfold and/or as additional items are available.

Note: All information included below is for informational purposes only and should not be considered as legal advice or guidance. Please consult with an immigration and/or other applicable counsel for any legal or compliance questions or guidance. Additionally, information on this page may change post-publication, as events related to U.S. employment-based immigration are rapidly evolving, and users are encouraged to independently confirm the current status of items below as applicable.

Questions? Contact Mike Jackson, WERC’s vice president of public policy and research.

Immigration-Related Items:

Part I: Executive Orders

Executive Action

Date

Description

Status

Revocation of Biden-Administration Executive Orders

20 January 2025

Executive order revoked myriad executive orders and presidential actions signed during the Biden administration, including Executive Order (EO) 14012, EO 13993, and EO 14110.

In effect as of 20 January 2025

Travel Ban

20 January 2025

Executive order authorizes “travel ban” reinstatement by no later than 21 March. Actions to be taken include:

  1. Identifying countries where “vetting and screening information is so deficient as to warrant a partial or full suspension on admissions of nationals from those countries.”
  1. Determining if any individuals who entered or were admitted into the U.S. since the end of the first Trump administration in 2021 need to be excluded from admission and be removed from the country.

Still pending as of 27 March 2025. Media reports indicated draft versions of the ban covered 43 countries, with 11 in a red category that would ban all travel, 10 in an orange category that would have “visas sharply restricted,” and 22 in a yellow category that will provide them 60 days to address concerns or risk being moved to one of the stricter categories.

Enhanced Vetting

20 January 2025

Executive order requiring the updating, no later than by 19 February of the “regulations, policies, procedures, and provisions of the Foreign Affairs Manual (FAM) regarding grounds for inadmissibility…to ensure the continued safety and security of the American people and our constitutional republic.”

Formal updates of the FAM are still pending as of 27 March 2025. Talent mobility practitioners, however, have noted cases of individual candidates receiving additional scrutiny by consulates and agencies since the EO was signed.

Additionally, multiple media reports have covered instances of foreign nationals being denied entry by U.S. Customs and Border Protection, with numerous of these cases involving issues such as past denials, inconsistent information in documentation, and/or information flagged in social media and/or electronic device reviews.

Visa Category Reviews

20 January 2025

EO requiring review, to be done by no later than 19 February, of all visa programs to “ensure they are not used by foreign nation-states or other hostile actors to harm the security, political, cultural, or other national interests of the United States.”

Still pending as of 27 March 2025

Potential Actions Against Foreign Nationals

20 January 2025

Executive order requiring identified agencies to provide recommendations by 19 February on how to “protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental Constitutional rights of the American people, including but not limited to, our Citizen’s rights to freedom of speech and the free exercise of religion protected by the First Amendment, who preach or call for sectarian violence, the overthrow or replacement of the culture on which our Constitutional Republic stands, or who provide aid, advocacy, or support for foreign terrorists.”

Additionally, a 29 January 2025 executive order related to combating antisemitism

Actions taken in relation to this EO include, but are not limited to:

  • Launch of the Department of State’s “Catch and Revoke” program in early March.
  • Plan additions of collection fields on USCIS forms to obtain social media handles of foreign nationals that have been used in the last five years. To date, the collection of social media handles has been done only with the Department of State as part of the completion of a DS-160 or DS-160 Nonimmigrant/Immigrant Visa Application.
Ramped up communications by agencies, including the U.S. Department of State, related to the screening of foreign nationals throughout their time in the United States.

Combating Anti-Semitism

29 January 2025

Executive order requires agencies to provide “recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) so that such institutions may monitor for and report activities by alien students and staff relevant to those grounds and for ensuring that such reports about aliens lead, as appropriate and consistent with applicable law, to investigations and, if warranted, actions to remove such aliens.”

Starting in February, media reports indicated cases where international students were starting to have visa cancellations due to participation in protests related to the Israeli-Palestinian conflict.

In early March, Axios reported that the U.S. State Department launched its “Catch and Revoke” program to cancel the visas of foreign nationals who appear to support Hamas or other designated terror groups.” Actions related to this program have primarily involved students and reportedly leverage artificial intelligence tools to search the social media profiles of visa holders.

According to Axios, over 300 foreign students have had their student visas revoked since the State Department’s “Catch and Release” program went into effect in early March.

Birthright Citizenship

20 January 2025

Executive order that restricts eligibility for birthright citizenship under the 14th Amendment to exclude individuals whose mother is a foreign national either unlawfully in the United States at the time of birth or lawfully admitted into the United States on a temporary nonimmigrant visa. Government agencies are prohibited from issuing documents to excluded individuals confirming U.S. citizenship or recognizing documents issued by state, local, or other entities. This EO would apply to individuals born after 19 February 2025.

Implementation paused due to injunctions resulting from pending litigation.

After the EO was signed, Attorneys General from 22 U.S. states filed lawsuits in federal district courts challenging the legality of the executive order.

Multiple federal judges have placed injunctions on the implementation. This includes a nationwide indefinite hold issued by a U.S. District Judge on 6 February 2025. On 13 March 2025, the Trump administration requested the U.S. Supreme Court to review and restrict the scope of injunctions blocking enforcement. The Supreme Court has asked states and groups that are challenging the EO to provide responses to the administration’s filing by early April.

U.S. Refugee Program

20 January 2025

Executive order ordering the suspension of the U.S. Refugee Admissions Program (USRAP) for up to 90 days, effective from 27 January 2025 at 12:01 a.m. ET. USRAP will only resume after review by the Department of Homeland Security and Department of State and submission of reports on whether to restart the program based on national interests. The program will continue to be reviewed every 90 days until the president determines “that resumption of the USRAP is in the interests of the United States.”

Multiple lawsuits have been filed related to the executive order and the U.S. State Department’s associated blocking of funding for refugee resettlement, and cases are ongoing.

As of 27 March 2025, the USRAP program remains suspended for anyone that would have received status under the program on or after 20 January 2025. However, the 9th Circuit Court of Appeals ruled on 25 March that individuals conditionally approved by USCIS prior to 20 January must still be processed and admitted while litigation continues.

Foreign Policy

20 January 2025

Executive order requiring the U.S. Secretary of State to review and issue guidance to bring “the Department of State’s policies, programs, personnel, and operations in line with an America First foreign policy, which puts America and its interests first.”

On 14 March, the State Department published a determination in the Federal Register that “all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the borders of the United States, constitute a foreign affairs function of the United States under the Administrative Procedure Act, 5 U.S.C. 553, 554.” If this remains in effect, this would enable the Trump administration to enact a range of changes related to immigration (including employment-based), trade, and tariffs, without the need to follow the normal notice-and-comment rulemaking process and consideration of public comments before issuing regulatory rules.

On 12 February, President Trump signed an executive order indicating that “officers or employees charged with implementing the foreign policy of the United States must under Article II do so under the direction and authority of the President.” The EO also launches reforms of the Foreign Service and the “administration of foreign relations to ensure faithful and effective implementation of the President’s foreign policy agenda.”

Border Security – National Emergency

20 January 2025

Executive order declaring a national emergency at the Southern border pursuant to the National Emergencies Act. The declaration includes a range of actions, including deployment of the U.S. military to the Southern border and creation of new physical border barriers along the southern border.

Ongoing as of 20 February 2025

Border Security – Military Priorities and Planning

20 January 2025

Executive order ensuring that the U.S. Armed Forces “prioritize the protection of the sovereignty and territorial integrity of the United States along our national borders,” and launching military processes to create and implement plans to deploy Armed Forces personnel to “seal the border” and repel “forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”

Ongoing as of 20 February 2025

Border Security – Designation of Cartels as Terrorist Organizations

20 January 2025

Executive Order declaring various cartels and other transnational organizations as terrorist organizations, with review of potential organizations and operational preparations to occur within 14 days.

On 20 February 2025, the Department of State published notice in the Federal Register identifying Tren de Aragua, Mara Salvatrucha, Cartel de Sinaloa, Cartel de Jalisco Nueva Generacion, Carteles Unidos, Cartel del Noreste, Cartel del Golfo, and La Nueva Familia Michoacana as foreign terrorist organizations pursuant to INA Section 219.

Part II: Immigration-Related Agency Actions

Agency Action

Date

Description

Status

ICE Actions at Sensitive Locations – Department of Homeland Security

21 January 2025

DHS rescinding of Biden administration-era guidelines related to ICE action restrictions at “sensitive” areas such as schools, hospitals, and churches.

Media reports have indicated subsequent ICE raids have occurred at areas previously deemed sensitive areas.

Temporary Protected Status for VenezuelaDepartment of Homeland Security

5 February 2025

DHS published a notice in the Federal Register terminating the 2023 designation of Temporary Protected Status for Venezuela effective on 7 April 2025. This step was preceded by DHS Secretary Kristi Noem suspending a Biden administration decision to extend the 2023 TPS designation past its current expiration in April.

The action does not impact the separate 2021 TPS designation for Venezuela, which remains active until its current expiration in September 2025.

Set to go into effect on 7 April 2025. Up to 350,000 Venezuelan foreign nationals current in the United States under TPS status will be impacted by the termination of the 2023 designation.

Interview Waiver (Drop Box) UpdatesDepartment of State

18 February 2025

DOS updated parameters under which a foreign national can be eligible for a waiver of the in-person nonimmigrant visa interview. Most notably, DOS tightened parameters under which individuals renewing a visa in the same visa class can apply for an interview waiver. DOS now requires an individual to either have a valid visa or a visa that has expired no later than 12 months from the date of application (previously, threshold was 48 months).

US Mission in India was the first to implement changes in mid-February, and DOS subsequently announced change to be effective at all posts on 18 February 2025.

Temporary Protected Status for Haiti – Department of Homeland Security 20 February 2025 DHS amended the extension and redesignation of TPS for Haiti from 18 months to 12 months, with a new end date of 3 August 2025. Set to go into effect on 3 August 2025
Elimination of the USCIS Ombudsman’s Office – Department of Homeland Security 21 March 2025 The Department of Homeland Security announced it had ordered a reduction in force for staff in the USCIS Ombudsman’s Office. This move effectively shutters the office, which was on track to handle a record 30,000 requests for help in FY 2024. The RIF also impacts the Office for Civil Rights and Civil Liberties within DHS and the Office of the Immigration Detention Ombudsman. Implementation has been ongoing since announced on 21 March 2025.
Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans – Department of Homeland Security 25 March 2025 DHS announced the termination of a program launch by the Biden administration providing humanitarian parole to qualifying foreign nationals from Cuba, Haiti, Nicaragua, and Venezuela, effective 24 April 2025. On this date, parolees and their associated family members will lose their benefits and status, regardless of whether their parole and/or employment authorization documents have a later expiration date. Set to go into effect on 24 April 2025.

Tariff and Tax-Related Actions:

Part I: Executive Orders/Actions

Executive Order/Action

Date

Description

Status

Tariffs

20 January 2025

Executive order tasking the Treasury Department, in consultation with Commerce and Homeland Security, to “investigate the feasibility of establishing and recommend[ing] the best methods for designing, building, and implementing an External Revenue Service (ERS) to collect tariffs, duties, and other foreign trade-related revenues.”

Ongoing as of 27 March 2025

USMCA Review

20 January 2025

Executive order commencing the public consultation process connected with the July 2026 review of the United States-Mexico-Canada Agreement (USMCA) to “assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement.”

Still ongoing as of 27 March 2025. Initial report from U.S. Trade Representative required by 1 April 2025.

Trade Agreement Review

20 January 2025

Executive order requiring the U.S. trade representative to review existing trade agreements and provide a report on findings and recommendations by 1 April 2025.

Still ongoing as of 27 March 2025

Global Minimum Tax

20 January 2025

Memo from Trump administration formally opting out of participation in 2021 arrangement establishing a global corporate minimum tax, ordering review of foreign tax arrangements and treaties and their impact on U.S. companies with foreign partners, and determining potential “protective measures or other actions that the United States should adopt or take in response to such non-compliance or tax rules.”

Memo released 20 January 2025

Part II: Announced/Enacted Tariffs

Below are select announced and/or enacted tariffs that are most relevant to talent mobility practitioners:

Country

Tariff Amount

Status

Canada

10% on energy/energy resources/potash; 25% on all other non-automotive products Went into effect on 4 March 2025. Tariffs were amended on 6 March delaying actions related to the automotive sector and excluding goods that enter into the U.S. duty free under the USMCA. Automotive tariffs related to Mexico may go into effect after 3 April as part of Trump-administration announced actions related to automotive tariffs, but implementation timeline related to USMCA still to be determined.

Mexico

25% on all non-automotive products Went into effect on 4 March 2025. Tariffs were amended on 6 March delaying actions related to the automotive sector and excluding goods that enter into the U.S. duty free under the USMCA. Automotive tariffs related to Mexico may go into effect after 3 April as part of Trump-administration announced actions related to automotive tariffs, but implementation timeline related to USMCA still to be determined.

China

20% on all products, including Hong Kong-origin goods. Went into effect on 1 February 2025. However, an amendment was enacted via executive order on 5 February delaying the removal of the duty free de minimis treatment of goods less than $800 in value. Tariff levels were raised from 10% to 20% effective on 4 March 2025

Colombia

25% on all products

Announced by the Trump administration on 26 January in response to Colombian refusal to clear two deportation flights to land in Colombia. Tariffs not enacted as Colombian government subsequently reversed their position.

All Countries

25% tariff on aluminum (increasing from 10% currently)

Proclamation signed 11 February 2025 with an effective date of 12 March 2025.

All Countries

25% tariff on steel (increasing from 10% currently)

Proclamation signed 10 February 2025 with an effective date of 12 March 2025.

All Countries

25%-plus tariffs threatened on range of products, including automobiles, medicine and pharmaceuticals, and semiconductors.

Proposed by President Trump on 18 February 2025 during a press conference. President indicated tariffs would be announced on 2 April, and on 26 March, the Trump administration announced that automotive tariffs on vehicles and parts “not made in the United States” will go into effect on 3 April 2025 (except for USMCA-covered items, which will be implemented at a future date to be determined. No official announcement or action on other items as of 27 March 2025.
Various countries Varying tariff levels The Trump administration announced on 13 February efforts to address trade imbalances with various countries via a “Fair and Reciprocal Plan.” Actions related to this plan are intended to go into effect starting on 2 April, but specific details of what will be impact, at what level, and when, are still to be announced.

Part III: Trump Administration Nominations for Key Agencies:

Agency

Nominee

Status

Secretary of State

Marco Rubio

Confirmed by U.S. Senate on 20 January 2025, 99-0.

Secretary of Homeland Security

Kristi Noem

Confirmed by U.S. Senate on 29 January 2025, 59-41.

Attorney General

Pam Bondi

Confirmed by U.S. Senate on 4 February, 54-46.

Secretary of Labor

Lori Chavez-DeRemer

Confirmed by the U.S. Senate on 10 March, 67-32.

US Trade Representative

Jamieson Greer

Confirmed by the U.S. Senate on 26 February, 56-43.

USCIS Director

Joseph Edlow Nomination still pending with the U.S. Senate. Kika Scott, previously the CFO in the Office of the Chief Financial Officer, has been serving as the Senior Official Performing the Duties of the Director since 09 February 2025.

Customs and Border Protection Commissioner

Rodney Scott

Nomination still pending with U.S. Senate. Pete Flores, Executive Assistant Commissioner, has been serving as the Acting Commissioner of CBP.

Immigration and Customs Enforcement Director

No nominee as of 27 March 2025. Todd Lyons, formerly the acting executive director for enforcement and removal operations, has been serving as Acting Director since 9 March.

Assistant Secretary of State for Consular Affairs

No nominee as of 27 March 2025 John Armstrong, formerly the Deputy Assistant Secretary for Overseas Citizens Services, has been serving as Senior Bureau Official since 27 February 2025.
Under Secretary of State for Public Diplomacy

Sarah Rogers

Rogers’ nomination is still pending with the U.S. Senate as of 27 March 2025.
Assistant Secretary of State for Educational and Cultural Affairs No nominee as of 27 March 2025 Darren Beattie, a former Trump administration speechwriter and journalist, has served as Senior Bureau Official since February 2025.

WERC U.S. Immigration Rapid Response Group

WERC has convened a cross-industry rapid response task force to support the talent mobility industry in navigating the evolving landscape and its impacts on companies and transferees. This task force, co-chaired by WERC Immigration Policy Forum members Ann Truett and Kelli Duehning, brings together leading subject matter experts from immigration law firms and RMCs along with experienced corporate immigration and global mobility practitioners.

The task force will review the changes for potential ramifications for talent mobility, advise on potential WERC advocacy-related actions, and identify and support the development of content and resources geared toward mobility practitioners around the changes. Additionally, the group will also partner closely with WERC’s Immigration Policy Forum and other volunteer groups in conjunction with the changing immigration landscape in the United States.

Resource List

Note: The information provided below is for general informational purposes only and does not constitute legal advice. WERC does not guarantee the accuracy of the content within the links provided below and is not responsible for the content or operation of any external websites.

Key U.S. Government Links:

White House Presidential Actions

USCIS Newsroom

USCIS Policy Manual

USCIS Policy Memoranda

Department of State Press Releases and Statements

Foreign Affairs Manual

Immigration Law Firm Resources:

Below is a selection of resources from immigration law firms that currently are represented on WERC’s U.S. Immigration Rapid Response Task Force.

BAL:

Immigration News

Email newsletter signup

Immigration Policy Tracker

Envoy Global:

U.S. News Alerts

Email newsletters and resources signup

Immigration Reports

Erickson Immigration Group:

Immigration News and Alerts

Email news and alerts signup

Fragomen: 

Immigration Alerts

Email alert notification signup

Worldwide Immigration Trends Reports

Go Global Immigration, PLLC:

Immigration Blog

Ogletree Deakins:

Immigration Insights

Email alert signup

USILaw:

Immigration Articles & Resources

WR Immigration:

News, Insights, and Resources

Raid Fire Wednesdays Q & A

Vialto Partners:

Immigration Insights

Additional Resources from Non-Task Force Sources:

Below is a selection of additional resources identified by members of WERC’s U.S. Immigration Rapid Response Task Force and/or by WERC members. If there are resources you wish to share for potential inclusion in future updates of this section, please email Mike Jackson, vice president of public policy and research.

Daily Immigration News Clips – American Immigration Lawyers Association (AILA)

Webinars - CERC

Employer Resources for Hiring and Supporting DACA Recipients – Fwd.us

FAQs on Noncitizens Carrying Proof of U.S. Immigration Status – Pryor Cashman

Immigration Enforcement on Campuses: What You Need to Know – Presidents’ Alliance on Higher Education and Immigration