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Staying updated with immigration law changes is key for employers as these can impact hiring, compliance, and business operations.
We will share the latest employment immigration law trends, answer commonly asked questions and present a trusted legal partner in employment immigration — The Law Offices of Spar & Bernstein.
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Why It Is Important To Understand Immigration Law Trends
Immigration policies can directly affect your ability to recruit and keep talent, if your daily operations rely on foreign workers.
Access To Global Talent
Some immigration law changes may reduce your ability to hire globally — especially if you work in industries like tech, healthcare, education, and engineering, where there may be insufficient domestic resources.
Workforce Stability & Retention
Changes in immigration policies can affect the status of foreign workers in the U.S., leading to disruptions in your company’s operations and financial losses.
Financial Risks Of Non-Compliance
Non-compliance with immigration laws can lead to serious fines, legal action, and reputational damage, affecting your bottom line.
Caption: Staying updated with immigration law trends will help you hire and keep the foreign workforce you need
Employment Immigration Law Trends Under President Trump
New or updated immigration policy changes are shaping key trends that employers need to watch closely.
Modernization Of H-1B Program
The Department of Homeland Security (DHS) announced a final rule aimed at modernizing the H-1B visa program and taking effect as of January 17, 2025.
This change includes the following key updates:
- More flexibility for employers to retain skilled foreign workers
- Updated specialty occupation criteria for better alignment with labor market needs
- Extended protections for F-1 students transitioning to H-1B status
- Faster processing for previously approved applicants
- Authority of USCIS to conduct inspections to ensure compliance and prevent fraud
The final rule on H-1B visa program aims to help employers fill critical job vacancies and boost economic competitiveness.
Stricter I-9 Audits
The Immigration and Customs Enforcement (ICE) agents are intensifying inspections, focusing on Form I-9, Employment Eligibility Verification, which proves your employees are legally authorized to work in the U.S.
If you are not complying with I-9 employment verification requirements, you can face:
- Hefty fines and legal action
- Criminal charges if you have knowingly hired undocumented workers
- Reputational damage
Expansion Of E-Verify Requirements
With President Trump’s stance on E-Verify evolving over time, the new administration is pushing for broader adoption of the system, potentially making it mandatory for all employers across various industries.
While Form I-9 confirms work authorization through documentation and manual verification, an all-adopted E-Verify will prevent the employment of undocumented workers by checking the information on Form I-9 against government records in real time.
The process may lead to additional administrative work and delays in hiring and onboarding.
Targeting Undocumented Immigrants In The Workplace
ICE has intensified their scrutiny of workplace operations, targeting companies suspected of hiring undocumented workers, with the aim of enforcing deportation orders and policies.
During their unannounced raids, ICE agents have the right to access public areas without permission.
To enter non-public areas, however, they need the employer’s consent or a judicial warrant — and the employer has the right to request that ICE produce and they be able to review the warrants before granting access.
Check what your rights as an employer are in this video by Brad Bernstein, Managing Partner at The Law Offices of Spar & Bernstein.
Enforcement Of Illegal Workers Removal
The U.S. government is ramping up its efforts to remove individuals who have illegally entered the U.S., are unlawfully present, or have final orders of removal.
However, some workers with valid work authorization may also be deported — for example if:
- They have accrued unlawful presence
- They cannot prove they have been in the U.S. for the required two years — in this case, they can be subject to expedited removal without a formal hearing or access to legal representation
- They have a final order of removal
The deportation of employees with valid work authorization can have serious consequences for you as an employer, from disruptions of processes and operational delays to loss of skilled talent and potential financial implications.
Reduction Of Green Card Approvals For Employment-Based Categories
Stricter policies and increased scrutiny of Green Card petitions can lead to less Green Card approvals for employment-based applicants.
This can affect businesses that rely on foreign talent, creating uncertainty for both employers and employees.
How To Handle Immigration Changes: Tips For Employers
As an employer, you can be proactive in responding to changing immigration regulations — here are some suggestions from our legal team.
- Stay informed: Check for updates from the U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Labor (DOL), and other relevant agencies.
- Plan for delays: Expect longer processing times for visa applications and Green Card petitions and adapt your employment strategy accordingly.
- Conduct compliance audits: Ensure all your workers’ Form I-9s are correctly filled out and stored.
- Advocate for policy improvements: Work with industry groups and policymakers to support business-friendly immigration policies.
- Partner with a law firm: Consider working with a trusted immigration team like the one at Spar & Bernstein.
Need Help With Changing Immigration Laws? Contact Spar & Bernstein
Navigating immigration law under President Trump’s administration needs careful planning and extensive legal experience.
At Spar & Bernstein, our knowledgeable immigration attorneys can help your business:
- Comply with the new regulations
- Manage visa applications
- Respond to ICE audits and inspections
- Develop strategies for bringing in and keeping foreign workers
- Keep your HR team informed on the latest immigration laws
- Defend you against fines, penalties, and legal actions related to immigration compliance
Call us and we’ll make sure your company meets all employment requirements and grows.
Need help with changing employment immigration laws?
Immigration Law Trends: FAQs
Changes in immigration laws can seem overwhelming. Find more information about common concerns and how legal professionals can help.
What industries are most affected by changes in immigration law?
Industries that are most affected by changes in immigration law include ones that rely on highly skilled foreign workers — for example tech, healthcare, and engineering. Lawyers can help with industry-specific regulations and ensure compliance while securing the talent you need.
Can I face penalties for hiring employees with work authorization who are deported?
Yes, if a worker is found to have unauthorized status after being hired, you may face fines. Our experienced attorneys at Spar & Bernstein will ensure your hiring practices are compliant and advise what to do if an employee’s work authorization status changes.
How can an immigration lawyer help me stay compliant with immigration laws?
By staying up to date with policy changes, our team of immigration lawyers is able to provide ongoing advice on compliance and help in implementing the best practices for documentation and employee verification. We can also represent you in case of audits or legal disputes related to immigration matters.
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