- Incoming Presidential Administration’s Agenda: As the incoming presidential administration has placed immigration at the top of the agenda for 2025, executive actions and new policy could be implemented quickly.
- Increased Security Checks and Consular Delays: Increased security is expected at airports and ports of entry to the United States. Companies may want to prepare employees for longer wait times and more questioning by immigration upon entering the country. In addition, increased administrative processing/security vetting at consulates is expected, which may increase visa processing times. There is likely to be a particular emphasis on vetting applicants coming from countries designated as state sponsors of terrorism.
- Workplace Compliance: The incoming administration has noted that compliance is a priority, so companies’ compliance concerns will likely not be limited solely to their foreign national population. A continued focus on Form I-9, E-Verify, and potential discrimination in the hiring process is anticipated, as well as increased site visits for those on work-authorized visas.
- Crossover of Employment and Immigration Law: As employment law varies from state to state, companies should understand the differences in local law in each jurisdiction where they operate and adjust company policy and procedures accordingly. The increase in remote work and corresponding mobility of the U.S. workforce may also give rise to additional immigration and labor and employment considerations.
- Lengthy Government ProcessingTimes: Current processing times for most immigration benefits are lengthy, and this is unlikely to change significantly under the Trump administration; though there may be additional delays if immigration benefits become more highly scrutinized. An increase in the filing of mandamus requests in federal court is anticipated, as foreign nationals seek to compel the adjudication of long-pending immigration applications.
About the authors:
Kate Kalmykov and Courtney B. Noce are co-chairs of the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, they work with employers of all sizes across a variety of industries on the full range of employment-based immigration. The practice advises multinational corporations on a variety of employment-related immigration issues, focusing on strategic immigration planning for U.S. and international companies for the international relocation of personnel both from and into the United States. GT’s team of dedicated immigration attorneys work with clients to address the visa and work authorization needs of U.S. and global personnel, including professionals, managers and executives, treaty investors/traders, essential workers, persons of extraordinary ability, corporate trainees, and students. Greenberg Traurig’s legislative and advocacy lawyers have been called upon by congressional offices, the White House, and other agencies to lend their technical knowledge and the I-9 Compliance group assists companies with drafting employment verification compliance policies, training sessions, internal audits, as well as representation in government audits. The firm’s Immigration and Compliance Practice also defends businesses involving large-scale government raids and audits.