As the United States prepares for a new presidential administration, businesses and their immigration practices are poised to face significant changes. While much of the immigration-related focus during President Trump’s campaign was on deportations for undocumented persons, and it is still too early to provide definitive guidance, businesses are likely to see a shift toward more stringent immigration policies. Understanding these changes is crucial for navigating the complexities and staying compliant with evolving policies, adjudication trends and regulations.
This alert highlights some key areas where shifts may occur that businesses should consider as we approach the new year:
- Focus on Compliance
- Increase in Employment Eligibility Verification (Form I-9 and E-Verify) Audits and Investigations issued by Immigration and Customs Enforcement (“ICE”); and
- Continued enforcement by the Department of Justice on discrimination against U.S. Workers in the Employment Eligibility Verification Process (which includes the recruiting, hiring and firing of Employees).
- H-1B Specialty Occupation Classification and PERM Labor Certifications:
- Higher scrutiny is expected to be placed on the H-1B Cap-Subject registration and petition process (as well as for H-1B Cap-Exempt Petitions), resulting in possible restrictions on the qualifications required for the H-1B classification, possible customer requirements for H-1B workers placed by contractors at third party sites, and ending employment authorization for spouses of H-1B visa holders waiting for their green card;
- Potential increase in the required wages employers must pay H-1B professionals or foreign nationals undergoing the permanent labor certification process;
- Increase in audits and investigations for compliance and maintenance of documentation in H-1B labor condition applications, and in PERM labor certifications by the U.S. Department of Labor; and
- Potential return of anti-fraud site visits to employers using the H-1B through U.S. Citizenship and Immigration Services (“USCIS”) Fraud Detection and National Security (“FDNS”) Unit. Note: this may also include the L-1 program.
- Travel Restrictions
- Entry limitations, including travel restrictions (e.g., travel bans) and stricter security screenings by U.S. Customs and Border Protection (“CBP”).
- Special Programs
- Limiting the availability of humanitarian immigration programs, including renewed efforts to terminate the Deferred Action for Childhood Arrivals (“DACA”) Program, declining to renew the Temporary Protected Status (“TPS”) designations (which includes the related work authorization), as well as efforts to end the humanitarian parole programs (and the related work authorization).
- General
- Longer processing times at government agencies charged with immigration processes, stricter filing mandates and increased filing fee costs;
- More stringent administrative protocols by USCIS; and
- Increase in issuance of Requests for Additional Evidence (“RFE”).
Some changes could come as early as January 2025 through Executive Orders, and changes in policy as a result of new leadership. Other changes will require new regulations. Employees who are sponsored by your organization may have questions and concerns regarding the upcoming anticipated changes.
Should you wish to receive further information concerning these potential business immigration impacts under the new presidential administration and/or other immigration matters, please contact Gunster’s Immigration Law practice.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
About Gunster
Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 12 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 300 attorneys and consultants, and over 290 committed support staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com
