How Has Trump 2.0 Already Affected Employment-Based Immigration?
By Kayla E. Snider - Skoler, Abbott & Presser
February 4, 2025
President Trump has emphasized immigration enforcement and implementation of “Hire American” policies that will present challenges to an employer’s ability to hire and retain foreign talent. We recently blogged about how these goals could impact the H-1B Visa process. Now, it’s time to break down how President Trump has already impacted employment-based immigration on a grander scale.
As expected, President Trump signed a number of executive orders regarding immigration and national security his first day in office. These executive orders did not impose immediate entry bans, but they did lay out his plans for future action that could affect international travel in the coming weeks and months. Further, these orders will result in an increase in the level of scrutiny that foreign nationals will undergo at consulates and ports of entry and in immigration benefits adjudications.
ICE Workplace Visits
President Trump has kept his promise to crack down on undocumented workers by instructing U.S. Immigration and Customs Enforcement, better known as “ICE,” to conduct “raids,” including on workplaces. This year, there have already been hundreds of arrests during workplace raids in the Northeast alone. It’s time to make sure your employees are authorized to work, if you have not already done so.
As an employer, you should have completed a Form I-9 for all of your employees. Form I-9’s must be completed within 3 business days from the date of hire. With the increased focus on immigration, it is the perfect time to look through your Form I-9’s and ensure that they have been filled out correctly, were completed within 3 business days of the employee’s hire date, and that the employee does not need to be reverified.
An employee working under any form of visa or other EAD will have an expiration date on their visa or other form of EAD. Employers must be aware of when these documents expire because an employee working under a visa or other form of EAD must be reverified no later than the date that their employment authorization expires.
Travel Restrictions
President Trump has ordered that federal agencies submit recommendations on potential entry restrictions and limits on admission to the United States by March 21, 2025, at the latest. Therefore, it is important that foreign nationals working in the United States under a visa or an employment authorization document (“EAD”) card pay close attention if (and when) travel restrictions are imposed.
Increased Screening Measures on Both New Applications and Renewal Applications
One of the executive orders signed by President Trump requires applicants for visas, admission, or other immigration benefits to be screened “to the maximum degree possible.” While it is not clear what specific screening or vetting procedures this means will be implemented, the United States Citizenship and Immigration Services (“USCIS”) will have to change its practices to comply with the screening and vetting procedures developed by the U.S. State Department, the Department of Homeland Security, the Department of Justice, and the Director of National Intelligence.
Based on the measures that were implanted the last time President Trump was in office, employers and employees can expect to see an increase in mandatory interviews for the employment-based adjustment of status for visa applicants. There is also the chance that the Trump administration will make changes to USCIS forms and form instructions to require additional information and/or documentation regarding personal information.
Venezuelan Nationals with TPS Will Face Job Loss
President Trump has ended Temporary Protected Status (“TPS”) for more than 300,000 migrants from Venezuela. Under their TPS status, these individuals were authorized to obtain EADs, so it is more than likely that these individuals entered the U.S. workforce and are currently employed. However, the Trump administration is ending the TPS status for these Venezuelan migrants. The end of TPS for Venezuelan migrants will be happening in two stages. In April the first group of Venezuelan migrants with TPS status, estimated at more than 300,000 individuals, will lose their TPS status. Then, in September, the remaining Venezuelan migrants will lose their TPS status, estimated at more than 250,000 individuals.
For employers who have Venezuelan employees with TPS status working under EADs, these employees will be losing their eligibility to work and will be required to leave the U.S. if they cannot obtain another immigration status or permission to stay. If you or your company would like to continue to employ a Venezuelan migrant currently in TPS status, then it is important to begin considering what other options you might have for employment-based immigration.
Know What to Do if ICE Shows Up at Your Workplace
One of the major focuses of President Trump’s stance on immigration is the removal of unlawful migrants in “mass deportations.” To further this objective, some of his recent executive orders are designed to expand ICE’s authority to arrest and detain unlawful migrants. Most notably, President Trump issued an executive order permitting ICE to raid schools, hospitals, churches, and other areas that used to be exempt from raids because they were deemed to be “sensitive” areas.
With an increase in the number of raids conducted by ICE, it is important, as an employer, to understand what rights and obligations you have. If your company has any questions about EADs or visas for an employee, consider contacting experienced immigration and employment counsel.