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With significant changes to the immigration policies that are making headlines, things are going to take a sharp turn for employers as well as employees. There will be tough times ahead for many, and having legal counsel is crucial to ensure you are headed in the right direction. Reach out to Kats Immigration Law to find out more about immigration reforms, how they can affect you, and what you can do to stay protected. Whether you are an employer trying to stay compliant or an employee trying to secure a future in the United States, updated information and timely action can make all the difference.
President Trump came into office to overhaul immigration and border security. As he promised in his election campaign, he has started the process of change by dramatically upending the US immigration policy through extensive executive orders, lawsuits, and aggressive raids, detentions, and deportations.
This crackdown has spread fear and confusion among the migrants, and a historic fight between the executive and judicial branches over the constitutionality and legality of an effort has given rise to questions regarding the freedom of speech and rights.
These changes are also expected to have a profound impact on businesses and employers. As the news of borders closing down and mass deportation breaks out, a lot of chaos can be expected in the upcoming days.
Read on to learn more about what significant policy changes have been implemented in the first 90 days of Trump’s second term and what implications they may have.
Extreme vetting refers to a more detailed and rigorous scrutiny of individuals applying for U.S. visas, particularly those from specific countries or backgrounds. The extreme vetting process was introduced by President Trump, and it continues in his second term with increased screening procedures that aim to identify potential security threats or individuals entering the US.
Extreme vetting includes:
As a result, visa applicants as well as their sponsors will have to wait extremely long waiting times for visa interview appointments, more frequent administrative processing delays, and much higher visa refusal rates. Foreign workers may not be able to travel internationally due to the risk of being unable to return to the US.
These delays can refer to slowed or prolonged processes of offering employment to foreign nationals, securing work authorization for employment-based green cards, or starting a job due to pending visa approvals or background checks. These hiring and onboarding delays usually result from slow adjudication and consular operations, often combined with heavy scrutiny for international employees.
These delays can significantly impact both employers and visa applicants and make it a challenge for businesses to maintain highly skilled workforces. Only the H-2 visa category for seasonal and temporary workers seem unaffected by these delays, and the number of H-2 visas has maintained a 98% approval rate. In this situation, employers need to be prepared for delays in onboarding highly skilled foreign workers and limited recruitment opportunities. Meanwhile, they can hire short-term and seasonal labor without any trouble.
Business disruption
Border closures, regulatory changes, hiring delays, visa bans, delayed processing times and denial rates can result in business disruptions. Due to all these problems, foreign nationals working legally in the US can lose their work authorization and in some cases their jobs as employers struggle to navigate the changing adjudication standards.
Increased immigration enforcement activity, including raids, especially in highly scrutinized industries, can hurt the recruitment and hiring of even authorized workers, including permanently authorized ones to work in the US.
Increased Costs
The financial burden of hiring, sponsoring, or retaining foreign talent can affect both employers and foreign nationals in several direct and indirect ways. Due to an increase in documentary requirements and higher denial rates, the cost of sponsoring employees for visas and green cards can result in additional costs for businesses. As the Trump Administration plans stricter enforcement environments businesses can expect increased immigration-related expenses.
Uncertainty
Sudden policy changes, reduced service levels, and uncertain decisions can create concerns among employees and businesses. This happened during the first Trump administration, and the same pattern is happening now. It can cause companies to adjust their expectations and factor in events that can impact all levels of their business, including employee onboarding, production, and service delivery.
The impact of these areas can lead to a significant number of additional uncertainties, both for the employers and employees, affecting workforce morale and productivity in anticipation of what could happen.
Related: Key Immigration Changes Under the Trump Administration
The administration is expected to take a restrictive approach to immigration, and employers should be ready for this. With Republican majorities in Congress, chances are that conservative immigration legislation will be passed. Its policies and practices affecting employers could limit future administrations to eliminate or reverse them. However, there are certain steps that companies can take to lessen the impact of these shifts in the US immigration policy.
Strategic planning for the uncertain future of the US immigration
Businesses need to understand how changing immigration policies can impact their businesses and compliance obligations under US immigration laws and regulations.
Immigration laws govern who can or cannot enter the US, live, and work here. It includes regulations that require employers to verify the employment authorization of every worker they hire. With the new administration’s focus on immigration compliance, companies need to be prepared beforehand.
I-9 and E-Verify Compliance
Employers should check and update their employment authorization verification policies and procedures to ensure that everyone responsible for hiring, recruiting, and onboarding workers is trained. There may be changes to the E-Verify program, and companies should make an effort to determine if they are subject to mandatory E-Verify laws in any state where they have even a single employee.
Foreign worker population
Having an accurate idea of their foreign workers, including those working on employer-sponsored visas as well as those who maintain their own work authorization is essential for employers to assess the potential of their workforce. It enables them to take proactive steps to mitigate the impact of potential shifts in immigration policy and adjudication practice, go for early renewals, and start green card sponsorships for their foreign workers.
ICE and federal agencies are using several methods of auditing and enforcement. They include raids, I-9 audits, as well as FDNS site visits to audit employer compliance with work visa requirements to verify information provided by employees during their visa applications, Wage and Hour audits by the U.S. Department of Labor, and even immigration discrimination investigations by the U.S. Department of Justice.
An increased focus on immigration compliance is a sign that companies will see more of such enforcement mechanisms. Thus, they need to examine and be prepared for policies for handling on-site compliance and reinforcement activities and ensure their employees are trained for these processes.
With all these immigration restrictions and bans, employers can lose track of the antidiscrimination requirements that apply to them. The U.S. Immigration and Nationality Act prohibits employers from discriminating against workers based on their citizenship status, immigration status, or nationality during recruitment, hiring, or termination. It also prevents them from asking workers for more or different proof of work authorization, whether they are US or foreign workers.
Even though increased scrutiny and enforcement of immigration regulations can affect the hiring of foreign employers, companies still need to make sure that the anti-discrimination laws are not being violated by them or their employees. Employers need to examine or create their anti-discrimination policy and ensure that no violations occur at their place of work. They must focus on legal obligations to address any such concerns effectively and swiftly.
Immigration law is complex, and with so many changes, it is not easy to handle things by yourself. With her years of experience in immigration law, Alina Kats helps you understand how the shift in immigration policies can affect you. From hiring practices to visa compliance and future residency plans, Alina navigates these challenges for you and provides the best legal guidance and practical solutions so you can make informed decisions and move forward with confidence.