On January 20, 2025, President Trump issued 26 Executive Orders and additional actions focused on immigration enforcement, significantly impacting employment-based immigration. These directives introduce stricter vetting processes, potential visa delays, and heightened scrutiny for foreign workers—especially from countries subject to visa bans. Employers must brace for longer processing times, increased administrative burdens, and additional compliance requirements. While legal challenges to these measures are inevitable, businesses should prepare for immediate disruptions by consulting immigration counsel and proactively supporting affected employees.
Key Changes to Employment-Based Immigration
Stricter Vetting and National Security Measures
One of the major Executive Orders (EOs), titled Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, mandates a multi-agency effort to reinforce vetting and screening processes. Within 30 days, government agencies must:
- Review all visa programs to prevent misuse by foreign actors deemed harmful to U.S. security, economy, and culture.
- Recommend measures to counter foreign nationals who allegedly undermine U.S. constitutional rights.
- Evaluate and recommend enhancements to immigrant assimilation programs to align with U.S. values.
Within 60 days, agencies must submit a report identifying countries with inadequate vetting systems, recommending visa restrictions or suspensions. This directive revives many of the extreme vetting measures from Trump’s first term, potentially leading to increased visa denials and administrative delays.
Implications for Mobility Professionals
Mobility professionals must anticipate:
- Longer visa processing times: Increased security screenings may delay visa issuance, requiring employers to adjust timelines.
- More requests for evidence (RFEs) and denials: USCIS will likely intensify scrutiny of work visa petitions.
- On-site inspections and remote work restrictions: Fraud Detection and National Security (FDNS) visits may increase at employer locations and even at personal residences of remote workers.
- Potential revival of travel bans: Countries deemed security risks could face renewed visa suspensions, affecting global mobility planning.
- Heightened documentation requirements: Foreign workers may need to carry proof of lawful status at all times.
Ending Birthright Citizenship: A Legal Challenge in the Making
Another controversial EO, Protecting the Meaning and Value of American Citizenship, attempts to end birthright citizenship for certain children born to noncitizens. The order reinterprets the 14th Amendment by declaring that U.S. citizenship should not automatically be granted if:
- The mother was unlawfully present in the U.S. at the time of birth.
- The mother was in the U.S. on a temporary visa, and the father was neither a U.S. citizen nor a lawful permanent resident.
Legal experts widely expect this EO to be challenged in court, as the 14th Amendment has historically guaranteed birthright citizenship. However, if enforced, it could create legal uncertainty for children born to noncitizens and add another layer of complexity to immigration policies.
What Should Employers and Mobility Professionals Do?
Given the evolving landscape, businesses and mobility professionals should:
- Review immigration policies: Ensure compliance with new requirements and assess potential risks for foreign employees.
- Prepare for delays: Encourage employees to apply for visas and renewals as early as possible.
- Consult legal counsel: Stay informed about litigation outcomes and regulatory changes.
- Advocate for exemptions: In case of travel bans, work with attorneys to secure national interest waivers.
- Educate employees: Inform noncitizen employees about documentation requirements and potential risks associated with public activities or social media posts.
Final Thoughts
While the full impact of these executive orders remains uncertain, mobility professionals must stay vigilant and proactive. As legal challenges unfold, businesses should focus on compliance, employee support, and strategic planning to navigate the complexities of Trump’s immigration policies effectively. By taking preemptive measures now, organizations can mitigate disruptions and ensure continued access to global talent.