Business Immigration Policies in 2025: What Lies Ahead?

With Trump’s return to the presidency, businesses and individuals should anticipate significant shifts in immigration policy, especially in the realm of employment-based immigration. Understanding these potential changes is essential for companies to navigate the uncertain landscape effectively.

During a recent webinar, our business immigration partner, Matthew Kolodziej, Esq., discussed key areas of concern, including stricter visa standards, heightened compliance requirements, and possible delays in processing times. He also outlined strategic steps businesses can take to mitigate risks, such as reviewing employee visa statuses, ensuring compliance with labor certifications, and preparing for increased scrutiny in filings.

In this article, we provide a detailed summary of these insights and actionable recommendations to help your company and employees adapt to the anticipated policy changes under the new administration. If you would like to discuss or work with us to develop a customized mobility plan, please feel free to contact us.

General Summary

Upon being elected, Trump appointed Tom Homan, an immigration hardliner, as the new “Border Tsar.” Based on Trump’s previous presidency and Homan’s intended policies, we anticipate the administration to implement more restrictive measures across all visa types. While some visas will be impacted more than others, in general, applicants should expect:

• Increased Requests for Evidence (RFE)

• Longer processing times

• Stricter adjudication standards

During Trump’s last presidency, we successfully secured approvals for our clients by emphasizing thorough application preparation and meticulous responses to RFEs, a strategy we will continue to apply for all our clients.

A notable area of concern is work visa renewals. Previously routine renewals and extensions will likely face greater scrutiny under the new administration. Employers must ensure applications are well-prepared to address stricter standards. The USCIS is also expected to increase site visits, so employers should prepare for any potential compliance checks. Additionally, starting January 20th, employees traveling abroad may face more intensive questioning at consulates and U.S. borders.

Impact on Certain Visa Types

Student OPT/CPT and other discretionary work permits

Differing from specific visa types, student work authorization is influenced by administrative policies instead of immigration laws. It is highly likely that students and schools seeking to apply for OPT and CPT will receive more scrutiny during the application process. The nature of Student work authorization also means that Trump may eventually decide to cancel certain student work authorizations (such as OPT STEM extensions) and other discretionary work permits such as TPS, H-4 EADs, etc. We therefore suggest employers to seriously consider sponsoring any employees who are currently on OPT for H-1B in the upcoming lottery or other suitable work visas.

B-1 & B-2 Visas and ESTA

Employees traveling on business (B-1) or tourism (B-2) visas or using the ESTA visa waiver program should carry comprehensive documentation proving their short-term stay, including but not limited to return tickets, hotel bookings, employment and resources abroad, and evidence of ties to their home country. In addition, under no circumstances can a foreign national provide their services to a company during their stay, as this may be considered authorized employment. Visitor status does not allow "employment" in the U.S., even if the salary is being paid from abroad.

H-1B Visas

Trump is likely to revisit efforts to change wage requirements and tighten scrutiny on H-1B applicants, particularly those working for smaller companies at lower wage levels. Employers will also need to ensure alignment between job requirements and the applicant's educational background. While previous administrations are more accepting of degrees in related fields, similar requirements will not be enforced with such leniency under Trump.

As mentioned above, the Employer should also be prepared for potential site visits to their office address. If your company has any employees applying for H-1B transfer, extension, or amendment, more efforts should be put into their application since renewal or amendment will be processed under stricter standards.

TN Visas

With stricter standards being applied to work visas across the board, employers should place greater emphasis on aligning applicants' educational backgrounds with their job titles and descriptions. Additionally, wages may face heightened scrutiny during the application process.

TN application for Mexican nationals, already difficult during the Biden administration, will become increasingly difficult due to the known biases of the Trump administration.

L-1A Visas & EB-1C Green Cards

Similar to H-1B, L-1A applications might receive site visits from the USCIS to authenticate different aspects of the applications. Therefore, a well and accurate definition of the manager’s managerial duties and responsibilities needs to be detailed in the application. The new administration is also expected to be less lenient towards smaller and newer companies with fewer employees.

EB-2 & EB-3 Green Cards through PERM/labor certification

Longer processing times and increased RFEs should be expected for Green Card applications. The Department of Labor will also likely increase audits for PERM labor certifications, that is, they will request the employer to submit evidence of the recruitment process, showcasing the lack of qualified applications from U.S. workers. Employers should, therefore, keep meticulous records of the recruitment process.

While it is not 100% certain what effect the new Trump administration will have on the backlog of Green Card applications, the backlog for nationals from China and India became disproportionately longer during his last presidency. Employers are thus encouraged to evaluate initiating the Green Card process early for all foreign national employees, and Chinese and Indian nationals in particular, given the potential for longer backlogs and extended processing times.

E-2 Visas

E-2 visa approvals for investors may require higher initial investments and job creation. Renewals will likely demand evidence of sustained or increased employment levels while Managers or non-investors applying for E-2 visas will need to provide extensive proof of their specialized knowledge.

E-3 Visas for Australians

Under Trump, it is probable that E-3 application will require more information on the specialty occupations, emphasizing how the applicant’s degree aligns with the job requirements and proof of the position's degree requirements.

Employer Actions

Despite the challenges during Trump’s last administration, JLG successfully guided our clients through the evolving immigration landscape. We are fully prepared to provide the same level of support moving forward.

We recommend the following actions:

1. Conduct an internal review of your foreign national employees, including their current visa types and I-94 expiration dates, and arrange one-on-one consultations as needed to address their immigration challenges.

2. Start renewals of non-immigrant visa statuses (H-1B, E-2, E-3, O-1, etc.) early. Start green card sponsorship for valued employees earlier, especially those on time-limited visas (H-1B, L-1) or with time-limited work permits that may be canceled by Trump (OPT, STEM OPT, TPS, H-4 EAD, etc.). If employees wish to travel internationally, inform them that renewing their visa stamp abroad may involve additional risks and wait times.

3. Conduct an internal I-9 audit to ensure all employees' work authorization is documented (this applies to all employees in the US, not just foreign nationals on visas).

4. Review H-1B Public Access (PAF) files and ensure H-1B employees are working in the positions and locations authorized in the H-1B petition, and that they are being paid in accordance with the H-1B LCA wage.

5. Prepare your staff for probable site visits by ICE; tell receptionists and public facing employees how to respond to a site visit, and train HR how to manage it. Make sure foreign national employees and their managers are aware of their work visa's requirements and how to answer questions.

   
   

You are always welcome to contact us at any time regarding employees’ immigration status, whether it’s an employee in need of visa renewal, or if you are planning on hiring additional foreign employees.

Next Steps and Support

If you have any questions regarding the topics outlined above or would like to discuss how these potential changes may impact your employees or personal immigration matters, please do not hesitate to reach out to us.

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