With the start of a second Trump administration, U.S. employers and foreign workers are once again facing uncertainty about the future of employment-based immigration policies, said Jason Finkelman, J.D., an immigration attorney and owner of Finkelman Immigration Law in Austin, Texas.
In addition to the other pressures HR faces, “you all have to be a little bit of an immigration expert,” Finkelman said during his June 30 session at SHRM25 in San Diego.
Finkelman urged HR practitioners to shift from a reactive to a proactive approach to employment-based immigration, given the rapidly changing nature of immigration policies.
Employers continue to experience labor shortages, particularly for highly skilled workers, Finkelman said. But despite visa eligibility restrictions and increased scrutiny, employers are still going through the visa sponsorship process for foreign workers.
The re-election of President Donald Trump has brought back the “America First” immigration policies seen during the president’s first term, Finkelman said. “That’s interpreted to mean protecting American jobs, tightening eligibility requirements and increasing scrutiny to limit legal immigration. That also means the rollback of Biden-era policies, which introduced more leniency into the immigration process,” he said.
Employers are experiencing stricter standards, increased visa processing times, and an uptick in Form I-9 audits.
“These policy changes and regulations are coming...
United States President Donald Trump has taken to social media to announce that South Africa will not be allowed to attend next year’s Group of 20 (G20) intergovernmental forum in Miami, Florida. ...