Since his inauguration on January 20, 2025, President Donald Trump has implemented numerous executive orders (EOs) impacting US business immigration. The orders address areas such as visa processing, border security, birthright citizenship and trade agreements, with widespread implications for employers and foreign workers.

However, while these changes introduce new challenges, they sit within the context of the new Administration’s broader focus of reinforcing the United States as the world’s premier destination for businesses, investors, entrepreneurs and top-tier talent. The US remains a powerhouse in innovation, technology, finance and industry, and despite regulatory shifts, will continue to attract the best and brightest from around the world. With the new Administration’s strong push for economic expansion, revitalization of domestic industries and the renegotiation of global trade agreements, now more than ever, taking a proactive approach to talent mobility—navigating visa programs, optimizing workforce planning and ensuring compliance—is a critical component of a forward-thinking business strategy.

In this article, we summarize these key changes impacting business immigration to the US, and explore their potential effects on businesses and employers. We also consider what these developments mean in the context of the new Administration’s wider agenda to reshape and renew focus on US economic growth and global competitiveness.

For companies that plan strategically and stay ahead of these developments, this is a time of momentum and opportunity. If you’d like to discuss US-bound talent mobility for your organization, reach out to our experienced US immigration attorneys.

 

Changes in US visa and immigration rules

 

The most significant updates to visa and immigration policies recently brought in by President Trump include:

 

Enhanced Vetting and Travel Bans

 

One of the first directives issued under President Trump’s new immigration policies is the implementation of stricter vetting procedures for visa applicants. The Department of Homeland Security (DHS) and the Department of State (DOS) have been instructed to apply enhanced scrutiny to all visa applications, particularly from individuals originating from “high-risk” countries. These additional layers of security screening mean that more visa applicants will be subjected to prolonged administrative processing, background checks, and possible travel restrictions.

For businesses, this increased scrutiny can significantly delay the hiring and onboarding process for foreign workers. Companies that regularly recruit international talent, particularly from countries that may be subject to future travel bans, will need to prepare for longer wait times and unpredictable consular processing. These new policies could also create obstacles for existing employees who need to travel abroad and return to the US, potentially disrupting ongoing projects and operations.

 

Limiting Birthright Citizenship

 

Perhaps one of the most controversial executive orders signed by President Trump is the attempt to limit birthright citizenship. Under this new directive, children born in the US will only be granted automatic citizenship if at least one parent is a US citizen or a lawful permanent resident (LPR). This move challenges long-standing interpretations of the Fourteenth Amendment and has already sparked legal battles in federal courts.

For employers, this policy raises important concerns for employees on temporary work visas, as their US-born children may no longer be eligible for automatic citizenship. This change could require employees to navigate additional immigration paperwork to secure dependent visas for their children, adding to administrative burdens and legal uncertainties. Companies with foreign workers should be prepared to provide guidance or legal resources to help employees understand how this rule could affect their families.

 

Border Security and Workforce Availability

 

A major theme of President Trump’s immigration policy has been a focus on border security. Declaring a national emergency at the southern border, the administration has increased enforcement measures, deployed additional border agents, and expanded physical barriers to deter unauthorized entry. At the same time, Temporary Protected Status (TPS) programs have been significantly scaled back, reducing the number of individuals eligible to work under humanitarian protections.

For businesses, particularly those in industries that rely heavily on immigrant labor—such as agriculture, construction, hospitality, and manufacturing—these changes could lead to workforce shortages. The reduction in TPS protections means that many long-time workers may lose their legal status and work authorization, forcing employers to fill these roles with a shrinking labor pool. Additionally, stepped-up enforcement efforts, such as ICE worksite audits and I-9 compliance inspections, could lead to increased scrutiny for businesses, even those that have diligently followed employment verification protocols.

 

Reshaping Trade Agreements and Visa Policies

 

In addition to domestic immigration policies, President Trump has initiated a review of international trade agreements, particularly the US-Mexico-Canada Agreement (USMCA), which replaced NAFTA. This review could result in more stringent eligibility requirements for treaty-based visa categories, such as TN visas for Canadian and Mexican professionals, as well as E-1 and E-2 visas for treaty traders and investors.

For businesses that rely on professionals from Canada and Mexico through TN visas, or those employing individuals on E-1 and E-2 visas, the potential tightening of these agreements could present new hurdles. If the visa application process becomes more restrictive, employers may face delays, increased denials, or a need to explore alternative visa options to bring in the international talent they require. Companies should stay informed on any developments in trade negotiations that may impact visa policies.

 

Suspension of Refugee Programs

 

Another major shift in immigration policy under President Trump is the suspension of the US Refugee Admissions Program (USRAP). This action effectively halts the resettlement of refugees, at least temporarily, as the administration re-evaluates policies governing humanitarian programs. In addition, past executive orders related to asylum seekers and humanitarian relief efforts have been rescinded, limiting protections for individuals fleeing conflict or persecution.

For businesses, this policy change is especially concerning for employers that have incorporated refugee hiring initiatives into their workforce strategy. Many industries, including logistics, healthcare, and manufacturing, have benefited from the inclusion of skilled and hardworking refugees in their workforce. The suspension of refugee admissions may create hiring challenges for companies that depend on these workers, requiring businesses to find alternative recruitment strategies to fill employment gaps.

 

Revocation of Biden-Era Policies

 

In a sweeping rollback of immigration policies from the previous administration, President Trump has rescinded multiple executive orders that were designed to streamline the visa process and encourage legal immigration. Some of the most significant changes include stricter criteria for expedited processing, a return to more restrictive public charge standards, and an increase in Requests for Evidence (RFEs) and denials for employment-based petitions.

For employers, these policy shifts mean that visa petitions will take longer to process, and applications will face greater scrutiny. Businesses sponsoring foreign employees should expect increased delays, higher rates of RFEs, and stricter adjudication standards. The rollback of policies that favored STEM and AI workers could also make it harder for companies in these high-demand fields to secure visas for international talent. Employers should be prepared for a return to more rigid immigration processing and should plan for contingencies if key employees face delays or denials.

 

Practical guidance

 

What do the changes mean in practical terms for business immigration?

 

Review and Update Compliance Policies

 

Employers should prioritize reviewing and updating their compliance policies to ensure they meet federal immigration requirements. Conducting regular internal I-9 audits is essential to verify that employee records are accurate, up to date, and compliant with federal regulations. These audits help identify and correct any errors, reducing the risk of penalties during potential Immigration and Customs Enforcement (ICE) audits.

Additionally, employers may consider using E-Verify to validate employee work authorization. Although this program is voluntary in some states, its use demonstrates good-faith compliance with federal laws and helps mitigate risks. Employers should also train human resources and management teams on the importance of proper hiring practices, emphasizing the need to avoid discrimination based on nationality or perceived immigration status.

 

Proactively Plan for Visa and Immigration Delays

 

Given the likelihood of increased processing times due to enhanced vetting and administrative backlogs, businesses must proactively plan for delays in visa and immigration processes. Employers should build contingencies for longer wait times when filing visa applications, renewals, or changes of status to avoid disruptions to operations.

Filing visa applications and petitions as early as possible is crucial, especially for positions that are time-sensitive or require employees to travel internationally. Employers sponsoring green cards should regularly monitor the Visa Bulletin for any retrogressions that might delay processing for employees from backlogged countries, ensuring they can adjust plans accordingly.

 

Evaluate Workforce and Talent Strategies

 

Employers should evaluate their workforce strategies to minimize dependency on immigration processes. Diversifying talent pipelines by expanding recruitment of US workers in underrepresented communities or upskilling current employees can help address labor needs. These efforts not only strengthen the domestic workforce but also reduce reliance on foreign talent when immigration pathways become restrictive.

For roles that can be performed remotely, employers should consider allowing foreign talent to work from their home countries if visa processing delays or obstacles make relocation infeasible. Additionally, businesses should assess their reliance on specific visa categories, such as H-1B, TN, or E-2 visas, and explore alternative immigration or staffing solutions where possible.

 

Address Uncertainty in Birthright Citizenship Rules

 

The new executive order limiting birthright citizenship has created significant uncertainty for employees with families. Employers should inform their employees about the potential implications of this policy and help them understand the process for securing dependent visas for their children born in the US under temporary visa statuses.

It is equally important for businesses to stay informed about ongoing litigation challenging the executive order. Tracking these developments will help employers anticipate changes that could affect employee families and adapt their policies and guidance accordingly.

 

Prepare for Increased Enforcement and Audits

 

Employers must be prepared for heightened enforcement actions, including ICE worksite visits and audits. To remain audit-ready, businesses should ensure that all employee documentation is well-organized and compliant with federal regulations.

Retaining immigration counsel is an essential step in reviewing compliance practices and preparing for potential enforcement actions or legal inquiries. Additionally, employers should educate their employees about their rights if questioned about their immigration status during enforcement actions, ensuring they feel informed and protected.

 

Engage in Strategic Advocacy

 

Strategic advocacy is a powerful tool for businesses seeking to influence immigration policies. Employers should collaborate with industry associations or chambers of commerce that advocate for business-friendly immigration reforms. Collective lobbying efforts can amplify concerns and ensure the voices of the business community are heard in policy discussions.

Engaging with lawmakers is another critical step. Businesses should communicate with their local representatives to highlight how restrictive immigration policies affect their operations and workforce, emphasizing the economic impact of these changes on their industries and communities.

 

Monitor Trade Agreements and Treaty-Based Visas

 

Employers relying on treaty-based visas, such as TN, E-1, and E-2, should closely monitor renegotiations of trade agreements like the US-Mexico-Canada Agreement (USMCA). These agreements may lead to potential rule changes affecting the eligibility or availability of certain visa categories.

To mitigate risks, employers should explore alternative visa categories for roles requiring treaty-based visas. By staying informed and planning for potential changes, businesses can avoid disruptions in staffing and operations.

 

Anticipate Future Legal Developments

 

Many of President Trump’s executive orders are subject to legal challenges, which could result in reversals, delays, or modifications. Employers should stay updated on these cases to adapt their plans accordingly.

It is also important for businesses to recognize that executive orders are temporary and can be reversed by future administrations. Employers should advocate for long-term legislative solutions that create a stable and predictable immigration framework, benefiting both businesses and the broader economy.

 

Protect Vulnerable Employees

 

Employers must be mindful of employees reliant on humanitarian programs like Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA). Identifying these employees and preparing alternative plans for their roles can help mitigate risks if their work authorization is not renewed.

Encouraging employees to carry proof of lawful status is another critical step, especially when traveling domestically or internationally. This documentation ensures employees can demonstrate their legal status if questioned during enforcement actions.

 

Maintain Open Communication

 

Effective communication is essential during periods of immigration policy uncertainty. Employers should keep their workforce informed about changes in immigration policies and how these changes might affect employees’ roles or statuses. Regular updates help foster trust and transparency within the organization.

Providing access to legal resources or immigration counseling is another way to support employees navigating complex immigration situations. Employee assistance programs that address these concerns can alleviate stress and improve employee morale during challenging times.

 

Trump 2.0: a paradox of restriction and expansion

 

President Trump’s second term is shaping up to be a paradox in the world of US immigration. On one hand, his Administration is doubling down on restrictive immigration policies – tightening visa scrutiny, reinstating tougher public charge rules, challenging birthright citizenship and making it harder for lower-skilled foreign workers to enter and stay in the US. On the other hand, Trump’s broader economic and trade agenda is focused on reinforcing America’s dominance as a global business hub, which demands a highly skilled, mobile and globally connected workforce.

So will the US be saddled with tighter immigration restrictions, or is it opening its doors for global business? The answer seems to be both.

Mass immigration crackdowns, stricter asylum policies and increased border enforcement will likely continue. Humanitarian immigration programs, such as Temporary Protected Status (TPS) and broad refugee admissions, will take a backseat. Employers who rely on undocumented or lower-wage immigrant labor — especially in industries like agriculture, construction and hospitality — will find it increasingly difficult to maintain a steady workforce. Companies should prepare for more worksite raids, I-9 audits and scrutiny over labor certification processes.

At the same time, the Trump Administration is unlikely to completely shut the doors on employment-based immigration given his singular vision to position the US as the number one global destination for companies, capital and innovation. The US still needs top-tier talent to compete in tech, finance, healthcare and manufacturing. While family-based and humanitarian immigration are being restricted, there may be more targeted openings for high-skilled, business-driven immigration. We might see a merit-based shift in immigration policy favouring selective openness—where businesses, particularly in high-growth sectors, are still encouraged to bring in top global talent, but with much tighter controls. We may even see new pathways for highly skilled workers, STEM professionals and investors who align with Trump’s “America First” economic vision.

Investment-based immigration may actually expand under Trump. If the Administration sees foreign investment as a way to boost job creation, expect friendlier policies for investors, entrepreneurs and executives looking to establish businesses in the US. Programs like the E-2 investor visa and EB-5 Immigrant Investor Program could see renewed attention, albeit with stricter oversight to prevent fraud.

However, businesses should not expect an easy ride when it comes to visa processing. Even if high-skilled immigration is favored, the bureaucracy will likely get tougher, with more Requests for Evidence (RFEs), heightened vetting and longer processing times. Companies that fail to plan ahead could find themselves losing valuable talent to delays and denials.

So what can businesses, workers & investors expect?

For Employers – If your company depends on foreign talent, be proactive. Expect longer visa processing times and more hurdles, so planning ahead is crucial. Employers relying on undocumented workers will need to brace for stricter enforcement and labor shortages. However, if your business operates in a high-skilled sector, especially tech or finance, you may still have strong immigration pathways—just with a lot more red tape.

For Foreign Workers – The US will still be an attractive destination, but only for highly skilled professionals. If you’re in STEM, finance, or specialized fields, you will likely still have viable visa options—though getting through the system will require patience and strong legal support. Workers in lower-wage industries, however, will face an uphill battle, with fewer options and stricter enforcement.

For Investors and Entrepreneurs – Trump’s policies are likely to favor job-creating investors. If you have capital and a business plan that aligns with US economic goals, you may actually find more opportunities under Trump’s America First strategy. The key is ensuring compliance and meeting evolving investment requirements.

 

Need assistance?

 

President Trump’s executive orders have introduced sweeping changes to US business immigration, emphasizing enforcement and stricter vetting. While these policies aim to enhance national security and prioritize American workers, they may also present significant challenges for employers relying on foreign talent.

Rather than viewing immigration changes as barriers, we are engaging with companies to help turn these shifts into advantages. We expect a tougher, more bureaucratic immigration process with higher barriers – but not a total shutdown. The US is still open for business. Those who plan strategically — businesses that optimize their talent mobility, workers who align with high-skilled demand and investors who bring capital and innovation — can seize opportunities. But there will be no more shortcuts, and navigating the new landscape will require more careful planning than ever before.

For those who can work within this framework, the US remains one of the best places in the world for growth, investment and career advancement. It’s not a closed door—it’s just a more complicated one to open.

For expert guidance on US-bound talent mobility, strategy and compliance, speak to our US immigration attorneys.