February 17, 2025
Immigration policies have begun changing in reaction to the new presidential administration. These changes will significantly impact employers, who should prepare to change their employment policies as necessary.
One recent change concerns a Department of Homeland Security (DHS) announcement. According to the DHS, it will begin conducting raids in major cities in search of undocumented workers and the employers harboring them. The border czar also said they would address safety threats through these raids. As a result, employers should prepare to receive a Notice of Inspection.
Employers receiving a notice will have three days to produce the requested Form I-9s and any additional records. As such, any employers subjected to a DHS audit should consider promptly contacting an attorney and collecting the requested documents. Employers should correct any errors once the DHS completes the audit to ensure compliance and prevent further challenges. Businesses subjected to a raid could face immediate inspections and possible detentions.
The President has signed several executive orders concerning immigration, some of which could affect workplaces. For example, employers find that federal agencies are more strictly enforcing processes like employment eligibility verification (Form I-9). Many expect significant changes in immigration policies in the future during this administration.
Here are some areas where changes might occur:
E-Verify: E-Verify is an internet-based system that employers can use to verify the work eligibility of their employees. The system compares information provided by employees to the records of the Social Security Administration and the DHS. Though it would take time, E-Verify could become mandatory.
H-1B Visas: This program allows employers to employ non-immigrant workers for specific fields, such as fashion models of distinguished merit and ability or specialty occupations. The law defines specialty occupations as “[those] that require the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.” This program has several requirements intended to protect U.S. workers and non-immigrant workers and is very popular among employers.
The program currently has a visa cap of 85,000, which the demand exceeds. To address this demand, the U.S. Citizenship and Immigration Services (USCIS) holds a lottery to determine which employers receive the visas. Whether the current presidential administration will expand the cap, leave it as is, or eliminate the program remains uncertain.
Visa Program: The President has ordered enhanced vetting and screening when issuing visas. This order is part of the “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” executive order. This order could make it more difficult for employers to recruit and keep foreign workers.
It remains unclear what changes to expect to immigration policies and how these will affect workplaces. Regardless, it is essential to have correctly completed Form I-9s readily available. One way to prepare for an audit is to conduct periodic internal I-9 audits and correct discrepancies as needed.