Immigration Policy Shifts Under the Trump Administration: Executive Order Impacts for Employers to Date

On January 20, 2025, the Trump Administration issued a series of Executive Orders (EOs) that significantly reshape U.S. immigration policy. These orders focus on border security, rescinding humanitarian programs, increasing visa applicant vetting, and attempting to limit birthright citizenship. Additionally, several executive actions implemented under the Biden Administration have been revoked. Below, we explore the most pressing implications for employers who rely on foreign national talent.

Rescission of Biden-Era Executive Orders

Several Executive Orders from the Biden Administration aimed at improving employment-based immigration processes were immediately rescinded. One key EO previously directed U.S. Citizenship & Immigration Services (USCIS) to modernize policies by streamlining adjudications, reducing the issuance of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), and extending validity periods for Employment Authorization Documents (EADs). Its repeal suggests a return to bureaucratic hurdles that may slow immigration processing.

Another rescinded EO focused on expanding opportunities for foreign-born STEM professionals, particularly in artificial intelligence (AI). That initiative instructed the Department of Homeland Security (DHS) and the Department of Labor (DOL) to create immigration pathways for top global talent. USCIS had begun adjusting policies related to O-1A (extraordinary ability), EB-1 (extraordinary ability), and EB-2 National Interest Waivers (NIW) to attract experts in these fields. The revocation of this EO signals a departure from these talent-attraction efforts.

Although these reversals do not immediately alter immigration regulations, they indicate a return to policies that may reduce efficiency and increase scrutiny in employment-based sponsorship cases.

Increased Vetting for Visa Applicants

One of the new EOs reinstates the Trump Administration’s previous focus on enhanced vetting for individuals seeking U.S. visas, admission, or other immigration benefits. The administration claims that increased security screening is necessary to prevent threats to national security and public safety. Employers and visa applicants should prepare for potential processing delays due to:

• Additional security-related questions on visa applications.
• Extended background checks, often referred to as administrative processing.
• Greater scrutiny of employment-based petitions, likely leading to more RFEs.
• Potential visa denials based on heightened security concerns.

Moreover, within 60 days, federal agencies must review and identify countries that may pose a security risk, which could lead to new travel restrictions or bans similar to those imposed in 2017.

Challenges to Birthright Citizenship

A newly issued EO titled “Protecting the Meaning and Value of American Citizenship” seeks to reinterpret the 14th Amendment’s birthright citizenship provisions. Historically, individuals born within U.S. borders have automatically acquired citizenship. The new EO attempts to restrict this right to children with at least one U.S. citizen or lawful permanent resident parent.

If implemented, this policy would mean that children born in the U.S. to temporary visa holders—including those on employment-based visas—would no longer be granted automatic citizenship. The EO is set to take effect on February 19, 2025, but legal challenges are already underway. Many constitutional scholars argue that such a reinterpretation of the 14th Amendment is unlikely to withstand judicial scrutiny.

Additional Measures Impacting Work Authorization

The Trump Administration has also introduced two immigration-related EOs, “Securing Our Borders” and “Protecting the American People Against Invasion,” which contain provisions that could significantly impact work authorization for various groups. Key provisions include:

• Termination of categorical humanitarian parole under the Cuba-Nicaragua-Haiti-Venezuela program established under Biden.
• Review of Temporary Protected Status (TPS) designations to ensure they are “appropriately limited in scope.”
• Reassessment of employment authorization policies, with a focus on restricting work eligibility for individuals without legal immigration status.
• Encouraging voluntary departures of undocumented individuals and increasing detention prior to removal proceedings.

Employers with workers who rely on humanitarian programs or TPS designations should prepare for potential disruptions to their workforce.

Federal Hiring Freeze and Its Impact on Immigration Processing

A separate EO implemented on January 20 places a federal civilian hiring freeze, which could significantly impact immigration case processing. Additionally, another order mandates that all federal employees return to in-office work as soon as feasible. These measures may have the following effects on immigration agencies:

• If USCIS officers resign or are terminated, their roles cannot currently be backfilled, leading to longer processing times for visa petitions and applications.
• Many USCIS officers have worked remotely since the COVID-19 pandemic. The new return-to-office mandate could result in further staffing disruptions.
• When hiring resumes, a wave of new officers with limited experience could lead to inconsistent adjudications and increased errors in immigration decision-making.

What Employers Should Do Now

Given the broad scope of these immigration changes, employers should take proactive steps to mitigate potential disruptions, including:

1. Assess ongoing and upcoming immigration cases – Expect delays and increased scrutiny, particularly for work visa applications.
2. Plan for additional documentation and compliance measures – Ensure all employment-based sponsorship applications are meticulously prepared to withstand heightened review.
3. Monitor travel risks for employees – Increased vetting and possible new travel restrictions could impact global mobility.
4. Engage legal counsel for strategy – Immigration attorneys can help navigate these evolving policies and implement risk mitigation strategies.

Conclusion

The Trump Administration’s new immigration policies signal a shift toward stricter enforcement, increased bureaucracy, and a departure from initiatives aimed at attracting global talent. Employers must stay informed and proactive to manage the potential impact on their foreign national employees. While some of these changes are subject to legal challenges, companies should prepare for a more restrictive immigration landscape in the near future. We will continue to share impacts to corporate immigration matters as they are announced by the Trump administration.