Employers need to be aware of anticipated changes to immigration policy under the new Trump administration and be prepared for the impact those changes may have on their workforce.
All employers should make sure their I-9s are in order and that E-verify is used at least in states that require such use. There are significant fines and penalties associated with I-9 violations, which include everything from simple mistakes on the I-9 form itself, to knowingly hiring or retaining employees who are not authorized to work. If your company has not completed an I-9 audit, this may be a good time to do so.
If your company is in an industry that has been associated with a significant number of undocumented workers (most construction trades, agriculture, hospitality, transportation, warehousing, and manufacturing) even conducting an I-9 audit and confirming everything looks in order will not guarantee that your workplace will not be raided. If the Immigration and Customs Enforcement (ICE) finds that you have undocumented workers, even if their documents looked legitimate to you, your company will be expected to terminate those employees and you may face an immediate, unplanned, and potentially devastating loss of critical employees.
It is also important to educate your workforce on what to do if ICE or other local, state, or federal authorities show up at your workforce and demand access to the premises. Having a system in place will be essential to protect your employees and your company.
For employers who sponsor employees on work visas, the Trump administration may pose additional concerns. We expect closer scrutiny on paperwork compliance such as maintaining H-1B public access files and PERM documentation. Additionally, the last Trump administration imposed numerous travel bans that wreaked havoc on some foreign nationals traveling internationally. Many companies are advising their foreign workers who are traveling over the holidays to return to the U.S. prior to inauguration day, January 20, 2025.
There is also an expectation that the new administration will tighten the requirements for many work visas, thereby making it more difficult to initially secure the visa and to later renew it. During the last Trump administration, the number of Requests for Evidence rose 45 percent, dramatically increasing the cost of obtaining or renewing a visa. Additional background vetting of visa applicants both here and at U.S. consulates abroad will undoubtedly slow an already extremely backlogged adjudication process.
With the use of Executive Orders, it is anticipated that many of the changes will occur swiftly after the Trump administration takes office. While other shifts in policy or interpretation may evolve more gradually, companies should prepare for a more restrictive immigration landscape that has enforcement, including deportation, at the forefront, followed by more stringent restrictions on qualifying for existing work visas.
