What Employers Should Know in 2025: Potential H-1B Prevailing Wage Changes, Worksite Enforcement, Visa Delay, Travel Ban

Employers should brace for significant shifts in U.S. immigration policy. Based on Trump’s first term and recent campaign promises, including the hiring of American workers first, I anticipate a mix of aggressive enforcement, procedural delays, and visa restrictions—particularly for employment-based immigration under the incoming Trump administration. President Trump’s first term saw increased scrutiny and restrictive measures, especially on the H-1B visa program, which could indicate similar approaches in his second term.

As political winds shift in Washington, U.S. employers and their foreign-born employees face renewed uncertainty over work visas due to talk of “extreme vetting” and potential travel bans under a second Trump administration or hardline immigration policy resurgence.

From Silicon Valley tech giants to healthcare systems and universities, U.S. businesses depend on talent from around the world. But if new restrictions are implemented—similar to those attempted between 2017–2021—key nonimmigrant work visa holders like those on H-1B, L-1, E-2, O-1, and J-1 could face delayed entries, prolonged background checks, and even outright denials.

Employers relying on the H-1B visa program may soon face sweeping changes—especially regarding how much they must pay foreign workers. Based on policies from his first term and proposals from conservative think tanks, businesses should prepare for a sharp shift in how prevailing wages are calculated and applied.

Key Changes Employers Should Prepare For

Immigration lawyers and policy experts forecast:

Increased worksite enforcement and I-9 audits
Slower adjudication of visa petitions due to heightened scrutiny
Tighter restrictions on employment-based visas
Continued Rollbacks of Biden-era policies, including DACA and TPS
Use of executive actions to bypass Congress

“We’ll likely see the same restrictive tactics from Trump’s first term—but more intensified,” said Cecilia Esterline of the Niskanen Center.

H-1B Visas: Renewed Scrutiny and Reform

The future of the H-1B visa program—a cornerstone of America’s high-skilled immigration system—could look very different under President Trump’s administration and its potential impact on the H-1B visa program. The role of foreign workers within the H-1B visa program is crucial, as changes might affect prevailing wage requirements and employer obligations, ensuring fair compensation compared to domestic employees.

Surprisingly, recent public statements suggest a softer, more industry-aligned approach to H-1B visas, marking a shift from the “America First” tone of Trump’s first term.

Experts expect a return to aggressive oversight of the H-1B program:

Increased Requests for Evidence (RFEs) and denial rates
Re-evaluation of the “specialty occupation” definition
Possible elimination of deference for extensions
Revival of a merit-based or points-based system

From 2015 to 2018, the H-1B denial rate surged from 6% to 24% before dropping back to 4% after legal challenges. RFEs hit 60% during the Trump era and fell to 10% under Biden.

Regulatory Reversals and Legal Battles Ahead

The previous Trump administration is likely to:

Reinstate stalled rules increasing prevailing wage levels
Reintroduce barriers for H-4 spouse work permits
Attempt to limit offsite work for H-1B employees

Changes in prevailing wage determination, as published by the Department of Labor (DOL), may affect employers and foreign workers by complicating the application process for employment-based visas due to new minimum wage requirements.

However, a major shift in legal landscape—the end of judicial deference to federal agencies—means more immigration rules will face court scrutiny.

A Surprising Shift in Tone from Trump and His Advisors

On December 28, 2024, former President Donald Trump publicly declared himself a “believer in H-1B”—a surprising endorsement considering his prior efforts to restrict the program. This announcement came shortly after his appointment of Sriram Krishnan, an advocate for skilled immigration, as a senior advisor on artificial intelligence.

Trump’s embrace of skilled immigration has been echoed by key allies like Elon Musk and Vivek Ramaswamy, signaling that the H-1B program may be reframed as a strategic tool for global tech competitiveness rather than a threat to American jobs.

What Is the H-1B Visa and Why Is It So Important?

Introduced in 1990, the H-1B visa allows U.S. companies to temporarily employ foreign professionals in “specialty occupations,” which require at least a bachelor’s degree or equivalent.

Industries That Rely Heavily on H-1B Talent:

Technology and Software Development
Life Sciences and Biotechnology
Engineering and Manufacturing
Healthcare and Research
Finance and Data Science

Why It Matters

Helps fill critical STEM workforce shortages
Drives innovation by recruiting global talent
Contributes significantly to U.S. economic output

Between 1990 and 2023, the share of foreign-born workers in STEM fields doubled to 26%, reflecting the increasing demand for specialized talent.

Explore official H-1B program characteristics via the FY 2022 Congressional Report

Common Criticisms—and the Facts That Refute Them

Criticism 1: H-1B Promotes Cheap Labor

Reality: H-1B workers are protected by prevailing wage laws enforced by the Department of Labor (DOL). Employers must compensate foreign workers with at least the higher of the prevailing wage or the actual wages paid to similar U.S. employees. These wage protections ensure that foreign workers are paid at least the same wages as their U.S. counterparts, thereby guarding against wage suppression and the replacement of U.S. workers with lower-cost foreign labor.

According to USCIS, the average salary for H-1B workers in computer-related fields is nearly $130,000/year.

Check current prevailing wages at the DOL’s Wage Center

Criticism 2: H-1B Workers Are “Trapped” by Employers

Reality:
Thanks to the American Competitiveness in the Twenty-First Century Act, H-1B workers enjoy job portability—they can switch employers while maintaining their status.

In FY 2023, USCIS received 75,843 “change of employer” petitions, nearly 90% of the annual cap, proving the system’s flexibility.

Criticism 3: Universities and Research Institutions Get a Pass

Reality:
Yes, these institutions are cap-exempt—but for good reason. Their work supports cutting-edge research, innovation, and public health goals. Overlooking their role undermines U.S. competitiveness in global knowledge sectors.

High Demand Continues to Outpace Supply

The H-1B cap has not kept up with industry demand. For FY 2025:

USCIS received 470,342 registrations
Only 85,000 visas are available under the cap (65,000 regular + 20,000 advanced degree exemption)

This overwhelming demand signals the continued relevance and necessity of the program to the U.S. labor market.

H-1B FY2026 Cap Registration: Dates and Process

USCIS has officially announced the initial registration period for the FY2026 H-1B cap:

Opens: March 7, 2025, at 12:00 PM (Eastern)
Closes: March 24, 2025, at 12:00 PM (Eastern)

During this window, employers or their legal representatives must register each H-1B candidate through their USCIS online account. A $215 registration fee is required per beneficiary.

Key Features of FY2026 Registration

Continues the beneficiary-centric selection model introduced in FY2025.
USCIS will select unique beneficiaries, not registrations (to reduce duplicate entries).
Notifications of selection will be issued by March 31, 2025.
If the number of unique registrations is insufficient, USCIS may extend the window.

Learn more about the H-1B Cap Season

What’s New: The H-1B Modernization Rule (Effective January 17, 2025)

Just before President Trump’s inauguration, the Department of Homeland Security (DHS) rolled out the long-anticipated H-1B Modernization Rule. This final rule brings updates designed to clarify requirements, improve flexibility for workers and employers, and enhance compliance enforcement.

Key Provisions of the Modernization Rule

1. Clarifying “Specialty Occupation” Requirements

Employers no longer need to show they “always” require a bachelor’s degree—only that they “normally” do.
Clarifies that multiple degree fields can qualify if directly related to the job duties.
Extension and amendment petitions must now include proof that the H-1B worker maintained valid status.

2. Expanded Cap-Exempt Eligibility

Cap-exempt status now includes nonprofits and government agencies where research is a “fundamental activity”, not just a primary mission.
Remote, telework, and offsite work now count as working “at” a cap-exempt employer.
Clarifies tax exemption requirements under 501(c)(3), (c)(4), and (c)(6) for ACWIA fee exemptions.

Check DOL’s Cap-Exempt Resources

3. Redefining the Employer-Employee Relationship

Removes rigid “hire/fire/supervise” language.
Allows startups and beneficiary-owned companies to qualify if they:
- Have a U.S. presence,
- Possess a valid IRS Tax ID, and
- Are subject to U.S. legal jurisdiction.

This change opens doors for entrepreneurs and small business owners to sponsor themselves or others.

4. Strengthened Compliance and Site Visit Authority

USCIS now formally authorized to conduct site visits at:
- Employer worksites,
- Third-party locations,
- Even remote work addresses, including homes.
Employers must cooperate fully—or risk petition denial or revocation.

5. Automatic OPT Work Authorization Extensions (Cap-Gap)

Extends F-1 OPT employment through April 1, rather than October 1, ensuring uninterrupted work authorization while waiting for H-1B approval.

Review Cap-Gap Extension Info

USCIS Filing Enhancements for FY2026

To support legal representatives and employers, USCIS has added new tools to streamline the registration and petition process:

Account Improvements

Paralegals can now be linked to multiple attorneys across accounts.
Legal reps can add paralegals more easily to organizational accounts.
Pre-population of Form I-129 from registration data to reduce redundant entry.
Bulk data upload: Employers can now use spreadsheets to upload H-1B beneficiary info in batches.

Access USCIS Account Management Info

What Trump is Likely to Do on H1B?

Though the Trump administration has not yet introduced new H-1B-specific rules, signs point to potential shifts in direction, especially based on the previous administration’s actions.

Possible Areas of Reform

Stricter interpretation of “specialty occupations” (as seen in 2017–2020)
Renewed focus on prevailing wage increases to align foreign salaries with U.S. wages
More RFEs (Requests for Evidence) and heightened scrutiny of degree relevance
Enhanced consular vetting of H-1B applicants at U.S. embassies and consulates
Tighter restrictions on third-party placement and contract-based work

Explore historical H-1B denial trends

While Trump previously aligned with restrictive policies, recent signs may suggest a more balanced approach, focused on:

Prioritizing higher-wage, high-skill positions
Supporting AI, tech, and critical infrastructure industries
Modernizing the H-1B lottery or application system

This could lead to policy reforms that boost selectivity but also acknowledge the program’s role in innovation.

What Is the Prevailing Wage, and Why It Matters

The H-1B visa allows U.S. companies to hire skilled foreign professionals in fields like tech, engineering, finance, healthcare, and research. A central requirement is the prevailing wage rule, which ensures that employers comply with prevailing wage requirements, significantly impacting employers who hire international talent. Skilled foreign workers play a critical role in the U.S. economy, and prevailing wage requirements ensure they receive fair compensation.

Employers pay foreign workers at least the same wage as comparable U.S. employees.
Wage levels are determined by occupation, experience level, and geographic location, using Department of Labor (DOL) data.
It protects U.S. workers by discouraging wage undercutting and exploitation of foreign talent.

You can explore current prevailing wage data using the DOL’s Foreign Labor Certification Data Center.

Trump’s First-Term Actions on Wages: A Quick Recap

During his first term, the Trump administration announced significant changes impacting wage levels for H-1B visa holders. The Department of Labor’s rule strengthened wage protections for both temporary and permanent employment of certain aliens, emphasizing changes in prevailing wage levels mandated by this regulation.

Raised prevailing wage levels significantly, especially for entry-level (Level I) positions.
Pushed reforms through the Department of Labor, bypassing Congress.
Argued the changes would help align H-1B wages with the true U.S. labor market.

However, courts struck down these changes in 2020 due to lack of proper rulemaking procedures. The Biden administration later rolled them back.

But now, these same policies—or more aggressive ones—are expected to return.

How Much Higher Could Wages Go?

Here’s how Trump’s proposed reforms could impact entry-level salaries, based on national averages:

Job Role	Previous Level I Wage	Proposed Under Trump	% Increase
Software Developers	$85,000	$130,000	53%
Computer Research Scientists	$85,000	$122,000	43%
Petroleum Engineers	$87,000	$174,000	100%

Mechanical Engineers, for example, could see a minimum wage hike from $65,000 to $85,000 for new hires.

Wage-Based Selection System: What That Means

Beyond raising the wage floor, Trump may also revive the idea of a wage-based H-1B lottery system, where visas are distributed based on salary rankings rather than chance. This would:

Prioritize higher-paid positions
Shift focus away from entry-level roles
Incentivize companies to offer more competitive compensation

For background, see the DHS’s past regulatory proposal on wage-based selection.

Who Could Be Most Affected?

Industries at Risk:

Tech startups relying on early-career foreign engineers
Academic institutions hiring researchers with limited budgets
Healthcare providers seeking to fill rural or underserved areas

Likely Winners:

Large corporations offering six-figure salaries
Highly specialized roles (AI, cybersecurity, petroleum engineering)

Entry-Level Hiring at Risk

The biggest shock may come for companies relying on recent graduates. Startups and mid-sized firms may struggle to offer salaries high enough to compete for H-1B spots—especially if the wage-based selection rule returns.

Alternative Visa Strategies to Consider

If H-1B becomes less accessible, employers might need to shift toward alternative immigration pathways, such as:

L-1 Visa: For transferring employees from international offices.
O-1 Visa: For individuals with extraordinary abilities in their field.
TN Visa: For Canadian and Mexican citizens under NAFTA/USMCA.

Learn more about each option at the U.S. Citizenship and Immigration Services page.

Employer Guidance: What to Do Now to Prepare for Potential H1B Changes

Given the ongoing uncertainty, now is the time for HR and legal teams to prepare:

Action Steps

· Consult immigration counsel to review job descriptions, degree requirements, and prevailing wages.

· Prepare supporting documents that clearly demonstrate specialty occupation status.

· Audit current salaries to assess how they align with proposed prevailing wage levels. Compare them to DOL’s wage database

· Explore cap-exempt sponsorships through research partnerships or affiliated nonprofits.

· Plan for alternative strategies. Consider alternatives like O-1, TN, or L-1 visas depending on nationality and job function.

· Budget for increased costs related to compliance and legal consultations.

· Strengthen domestic hiring pipelines, including upskilling and training programs.

· Consider hybrid or remote models, where possible, to offset wage-related costs tied to location.

· Prioritize high-salary roles in future H-1B lottery entries

· Explore workforce diversification strategies, including domestic recruitment

· Monitor USCIS, DHS, and Trump administration announcements closely for rule changes or executive orders.

· Track policy updates and public statements from the Trump campaign and immigration advisors.

· Monitor changes via Regulations.gov and USCIS H-1B hub.

· Identify roles most critical to international recruitment—and determine whether they can support higher wages.

· Engage in policy advocacy through trade associations or direct comment submissions

Advocacy and Employer Engagement

Employers concerned about the impact of these reforms should engage proactively:

Join industry coalitions advocating for fair and balanced immigration policies.
Submit public comments when new rules are proposed (tracked at Regulations.gov).
Contact your representatives to explain how changes affect your ability to hire and grow.
Promote employee voices—foreign workers sharing their stories can help shift public opinion.

What This Means for U.S. Competitiveness

Raising the wage floor for H-1B workers may sound like a win for American jobs—but it could also:

Reduce innovation capacity in sectors like AI, biotech, and quantum computing.
Delay critical projects due to talent shortages.
Push global companies to invest elsewhere if U.S. hiring becomes too complex or costly.

For a global perspective, explore the OECD’s international skilled migration database.

Consular Processing and Visa Delays Due to Extreme Vetting and Travel Bans

Increased vetting, more in-person interviews, and fewer interview waivers are expected:

Longer wait times at U.S. embassies and consulates
Reinstitution of travel bans for certain countries
Expanded biometric and background checks

What Is “Extreme Vetting”?

“Extreme vetting” refers to a broad expansion of security screening measures imposed on foreign nationals seeking entry to the U.S. It includes:

Deep background checks (travel history, education, employment, social media activity)
Mandatory disclosure of social media accounts and digital footprints
Extended security clearance checks by multiple agencies
Delays in visa issuance and renewals

While framed as a national security tool, critics say it becomes a bureaucratic barrier that disproportionately affects professionals and students from certain regions or backgrounds—even when they’ve already passed standard visa scrutiny.

Who Will Be Affected?

Visa Types at Risk of Delays or Denials:

H-1B (Skilled workers) – Especially in STEM fields, tech, engineering, and healthcare
L-1 (Intra-company transfers) – For multinational companies moving staff into U.S. offices
E-2 (Investors and essential employees) – Common for entrepreneurs and executives
O-1 (Extraordinary ability) – Used by top scientists, athletes, artists, and researchers
J-1 (Exchange visitors) – Covers scholars, researchers, interns, and cultural exchange
TN (for Canadians/Mexicans under USMCA) – May face increased scrutiny despite regional agreements

These categories are nonimmigrant, meaning holders are authorized to live and work in the U.S. temporarily. But extreme vetting and policy shifts can affect both new applicants abroad and those renewing or adjusting status within the U.S.

Impact on Employers

Talent Acquisition Delays
- New hires abroad may be stuck in administrative processing or visa appointment backlogs.
- Employers may lose competitive candidates due to uncertainty or lengthy wait times.
Disruptions to Operations
- L-1 intracompany transfers and H-1B hires are often essential for project continuity.
- Delays or denials could stall contracts, software rollouts, or medical staffing.
Retention and Morale Issues
- Employees may fear traveling internationally due to risk of being denied reentry.
- Families of workers (on dependent H-4, L-2, etc.) could also face barriers.
Increased Legal and Compliance Costs
- Navigating increased vetting often requires additional legal review, document prep, and ongoing case monitoring.
Chilling Effect on Future Hiring
- Uncertainty discourages international students from remaining in the U.S.
- Companies may shift roles overseas rather than navigating a volatile visa system.

Travel Ban 2.0?

During his first term, former President Trump issued Presidential Proclamations 9645 and 9983, collectively known as the “Muslim Ban” and expanded travel bans, which barred entry from several countries. Although later rescinded by the Biden administration, a similar or broader ban could return under a future administration, targeting:

Specific nationalities or religious groups
Countries deemed “uncooperative” with U.S. vetting standards
Entire visa categories (as seen during the COVID-era ban on H-1B and L visas)

Such bans could suspend or severely restrict visa issuance, even for individuals with job offers or ongoing projects in the U.S.

Real-World Examples

H1B computer programmer fom India with an approved visa and job offer had her visa interview rescheduled five times due to enhanced vetting, delaying her entry for a year
A J-1 research scholar from the Middle East faced a 9-month “administrative processing” delay, missing a postdoctoral opportunity and losing their university funding.
A Canadian L-1 manager was stopped at the border and subject to unexpected secondary inspection and review of personal devices under heightened vetting protocols.

What Employers Can Do Now

Plan for Delays
Start visa petitions early and account for possible processing delays, especially for consular applications.
Prepare Comprehensive Documentation
Ensure all petitions are well-supported with clear job descriptions, business justifications, and evidence of qualifications.
Educate Employees
Provide updated travel and reentry guidance to visa holders, especially those with upcoming trips abroad.
Partner with Immigration Counsel
Work closely with attorneys to track changes in policy and assess risks tied to specific visa types or nationalities.
Advocate and Engage
Join business coalitions and industry groups pushing back on policies that hurt high-skilled immigration and workforce stability.

H-1B Visa Stamping Delays in 2025: What’s Causing Them and What Applicants Can Do

As the FY 2026 H-1B season unfolds, thousands of professionals are facing long waits and uncertainty when trying to get their visas stamped at U.S. embassies and consulates abroad.

Whether it’s initial H-1B stamping for newly selected registrants or renewals for existing visa holders, applicants are encountering significant delays in getting interview appointments, especially in India, Canada, and several Southeast Asian countries. Here’s what’s going on and how to navigate the process.

What Is H-1B Stamping?

H-1B stamping is the process of obtaining a visa stamp in your passport at a U.S. consulate or embassy abroad after receiving H-1B approval from USCIS. Without this stamp, even approved H-1B workers cannot enter the U.S.

For most applicants, stamping is required:

Before their initial entry to the U.S.
After a change of employer, if traveling abroad
When their current visa stamp expires, even if their H-1B petition is still valid

The Delays: How Long Are People Waiting?

As of March 2025, wait times for visa stamping appointments vary widely:

Mumbai, India: 60–100+ days
Hyderabad, India: 70–110+ days
Toronto, Canada: 60–90 days
Singapore: 40–60 days
Mexico (various locations): 30–60 days
Europe (Germany, UK, etc.): 30–50 days

Some embassies offer emergency appointment requests, but these are rarely granted except for compelling humanitarian or urgent business needs.

Key Reasons Behind the Delays

1. High Volume of Applicants

With the FY 2026 H-1B season in full swing, tens of thousands of selected applicants are rushing to secure appointments.
Post-pandemic backlogs and increased demand from Indian IT professionals are still straining resources.

2. Limited Consular Staffing

Many U.S. consulates are still dealing with staff shortages or haven’t returned to pre-COVID levels of staffing.
This impacts the number of daily appointment slots they can handle.

3. Security and Administrative Processing (221g)

More applicants are being flagged for administrative processing, particularly in tech-related fields.
This can add weeks or even months of delay after the visa interview, especially if additional documentation is requested.

4. Location Constraints

Some countries like India and Canada see overwhelming demand due to proximity and large H-1B populations.
Consulates in these countries often prioritize student (F-1) and visitor visa applicants during peak periods.

5. Policy Shifts and Uncertainty

Potential policy changes under the 2024 U.S. election results have created a rush among applicants seeking to secure their status ahead of possible restrictions under a second Trump administration.
Some consulates are prioritizing other visa types ahead of H-1Bs.

Is Dropbox (Interview Waiver) Helping?

Yes, it was. But the rules have changed. The interview waiver program (commonly called “Dropbox”) allows certain H-1B visa holders to renew without an interview if:

Their prior visa was issued in the same category
It expired within the past 12 months (changed from 48 months)
They meet age and country-specific criteria

But even Dropbox appointments are scarce in key locations like India. Also, some Dropbox cases still get flagged for in-person interviews or 221(g) administrative processing.

What About the U.S. Stateside Visa Stamping Pilot?

In 2024, the U.S. State Department launched a pilot program allowing a small number of H-1B workers to get visa stamps from within the U.S. (no consulate trip required). However:

It was limited to about 20,000 people
Only certain H-1B renewals were eligible (not first-time stamps)
The pilot ran Jan 29 – Apr 1, 2024 and did not cover dependents (H-4s)

As of March 2025, it’s unclear whether the program will be expanded, but many are hopeful for a broader rollout.

Tips for H-1B Applicants Facing Delays

Plan Early & Reconsider Travel
- As soon as your H-1B is approved, check appointment availability and book the earliest possible slot—even if far in advance.
- If you can avoid it, you should not travel at this time.
Be Flexible on Location
- Consider less crowded consulates (e.g., Germany, Thailand, Vietnam, some cities in Mexico) if eligible.
- Some third-country nationals can apply in Canada or Mexico—but beware of denials or delays if it’s your first H-1B.
Monitor for Appointment Drops
- Use services like VisaGrader, TravelGov, and Telegram groups that share real-time updates on appointment availability.
Prepare for 221(g)
- Bring complete documentation (client letters, employer info, project details).
- Be ready for extra scrutiny if in fields like AI, cybersecurity, or biotech.
Track for Emergency Appointment Criteria
- Some business travelers or those facing urgent return needs may qualify for expedited requests—but documentation is key.

Why Employers Are Growing Concerned About Key Non-Citizen Employees Facing Arrest or Deportation Under National Security and Foreign Policy Grounds

In an increasingly global workforce, many U.S. companies rely on highly skilled non-citizen employees—green card holders and visa workers alike. But a lesser-known provision of immigration law is causing rising concern among employers: the broad and discretionary powers granted to immigration authorities to arrest and deport individuals—even lawful permanent residents—on the basis of national security or foreign policy concerns.

This risk, often underestimated, has become more prominent as immigration enforcement agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) increase scrutiny of international ties, digital activity, and even political opinions.

The Legal Basis: INA § 212(a)(3)(C) and Related Provisions

At the heart of this issue is Section 212(a)(3)(C) of the Immigration and Nationality Act (INA), which states that a non-citizen may be inadmissible if the Secretary of State or Secretary of Homeland Security determines that their presence or activities in the U.S. could have “potentially serious adverse foreign policy consequences.” Similar provisions under INA § 237(a)(4)(A) provide grounds for deportability.

This language is intentionally vague and allows U.S. officials to deny entry, revoke visas, or initiate removal proceedings—often with limited judicial oversight.

Who Is At Risk? Not Just Tourists

The affected population isn’t limited to those arriving on visitor visas. Employers need to understand that even green card holders and individuals on H-1B, L-1, O-1, and other employment-based visas may be subject to enforcement under these provisions.

Key risk factors include:

Frequent travel to certain countries
Social media activity deemed politically sensitive
Affiliation (even indirect) with controversial organizations abroad
Academic research in sensitive technological or defense-related areas
Foreign government funding or scholarships
Dual nationality involving countries under sanctions or export controls

Why Employers Are Concerned

1. Disruption of Operations

Losing a critical engineer, scientist, or executive with little or no notice can cause cascading project delays or compliance issues. In some industries like biotech, aerospace, or fintech, these employees are not easily replaceable.

2. Employee Anxiety and Retention Risks

Uncertainty around immigration status—especially for those who travel frequently—can create stress for employees and make them more likely to leave for roles in countries with less aggressive enforcement climates.

3. Damage to Employer Brand

If a prominent employee is detained or denied re-entry due to perceived foreign policy risks, it can raise questions about the company’s global affiliations, government partnerships, and due diligence practices.

4. Compliance and National Security Investigations

Companies involved in sensitive industries may face follow-up from agencies like the FBI, DHS, or the Department of Commerce regarding employees’ affiliations or technology access. This can expose firms to ITAR/EAR violations, export control risks, and even CFIUS inquiries.

Recent Trends: Increased Use of INA § 212(a)(3)(C)

Under both Democratic and Republican administrations, CBP and ICE have used this provision to quietly deny entry or remove individuals whose backgrounds, travels, or affiliations are perceived as problematic—even if they have never been charged with a crime.

High-profile examples include:

Academics with Chinese government ties blocked from entering the U.S.
Iranian graduate students and professionals denied boarding despite valid visas.
Green card holders flagged for removal based on travel to sanctioned countries or past military service in foreign governments.

With the potential return of a Trump administration in 2025, there is concern this provision could be used more aggressively—particularly toward immigrants from China, Iran, Venezuela, Russia, and Cuba.

What Employers Can Do

Conduct Internal Risk Reviews

Proactively identify key non-citizen personnel in sensitive roles or those who frequently travel abroad. Review their visa types, reentry risks, and background factors that might trigger national security scrutiny.

Update Travel and Reentry Policies

Encourage employees to consult immigration counsel before international travel—especially if they hold dual nationality or have worked in sensitive sectors.

Offer Legal Support and Resources

Provide access to immigration attorneys who can help employees understand the risks and prepare documentation (e.g., employment verification, travel itineraries, letters of support).

Monitor Political and Regulatory Changes

Stay informed about policy changes from DHS, State, and DOJ that could impact employee admissibility, and consider subscribing to government alerts or legal bulletins.

Educate HR, Security, and Compliance Teams

Train relevant departments to recognize red flags in visa renewals, travel plans, or government inquiries.

ICE & DHS Worksite Raids and Inspections: What Employers Need to Know and How to Prepare

Immigration-related workplace inspections and raids by U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) are high-stakes events that can disrupt business operations, lead to costly fines, and damage an employer’s reputation. While such enforcement actions often target employers suspected of knowingly hiring undocumented workers or engaging in immigration fraud, any business can be subject to a Form I-9 audit or inspection at any time.

In today’s shifting immigration landscape—with political uncertainty, evolving enforcement priorities, and heightened scrutiny of employment practices—it is more important than ever for employers to be informed and prepared.

Types of Enforcement Actions

There are several ways DHS and ICE may inspect or investigate a workplace:

1. Form I-9 Audits (Administrative Inspections)

The most common form of worksite enforcement. ICE reviews an employer’s I-9 records to verify compliance with federal employment eligibility laws.

Employers receive a Notice of Inspection (NOI), often accompanied by a subpoena.
You typically have 3 business days to produce I-9 forms and related documentation.
If violations are found, ICE may issue Notices of Suspect Documents, Notices of Technical or Procedural Failures, or fines.

2. Worksite Raids (Criminal or Civil Enforcement Actions)

Less common but far more disruptive. These involve unannounced on-site visits by ICE agents.

Officers may detain workers suspected of being unauthorized.
Raids may be triggered by tips, investigations, or ongoing employer surveillance.
These are usually focused on employers suspected of knowingly employing undocumented workers or participating in fraud, wage theft, or worker exploitation.

3. Surprise Site Visits by USCIS Fraud Detection and National Security (FDNS)

Employers who sponsor foreign workers (H-1B, L-1, etc.) may receive unannounced FDNS visits to verify information in visa petitions. These are less aggressive but still official.

Common Industries Targeted

ICE tends to focus enforcement efforts on industries known for high levels of unauthorized employment or labor abuses. These include:

Agriculture and food processing
Construction and landscaping
Hospitality and restaurants
Warehousing and logistics
Manufacturing
Staffing agencies

However, no industry is immune, especially as enforcement expands beyond traditional sectors.

Legal Risks for Employers

If ICE or DHS uncovers violations, employers may face:

Civil fines for I-9 violations or hiring unauthorized workers
Criminal charges in cases of fraud, harboring, or document abuse
Debarment from federal contracts or grant programs
Worksite disruption, staff shortages, and reputational damage

Even minor paperwork errors on Form I-9s can result in thousands of dollars in penalties.

How Employers Can Prepare: A Step-by-Step Guide

1. Conduct Internal I-9 Audits

Review all I-9 forms to ensure completeness and accuracy. Use DHS guidelines to correct errors properly and document the audit process. Retain I-9s for:

Three years after the date of hire, or
One year after termination, whichever is later.

2. Train HR and Frontline Managers

Ensure hiring personnel are trained on Form I-9 rules, document verification, and anti-discrimination laws. They should know what to do during a raid or audit.

3. Create a Response Plan

Develop a written plan for how to respond if ICE visits your worksite. This should include:

Who will meet agents at the door
Who to contact (legal counsel, corporate HR, etc.)
What documentation to provide and when
A communications plan for employees and the public

4. Engage Immigration Counsel

Work with an experienced immigration attorney to:

Prepare for audits or raids
Review your I-9 practices
Respond to subpoenas, NOIs, or notices of fines
Guide your response if employees are detained

5. Know Your Rights—and Your Limits

You are not required to allow ICE into non-public areas without a judicial warrant.
Employers can ask agents to wait for legal counsel before answering questions.
Do not obstruct or interfere with an enforcement action—this can result in additional legal issues.

6. Treat Workers Lawfully and Fairly

Avoid document abuse or discriminatory hiring/firing practices. The Department of Justice’s Immigrant and Employee Rights Section (IER) enforces laws that prohibit:

Asking for specific documents from non-U.S. citizens
Rejecting valid documents because they “look suspicious”
Firing workers based on national origin or perceived immigration status

7. Use E-Verify (If Required or Beneficial)

E-Verify can help identify employment eligibility issues early. Some states require it, and federal contractors may be obligated to use it.

After a Raid or Audit: What to Expect

If ICE or DHS conducts a raid or audit at your workplace:

You may receive a Notice of Inspection or a request for records.
Affected workers may be detained or placed in removal proceedings.
You’ll be expected to produce documentation within days, if not immediately.
You should contact immigration counsel right away to manage next steps and protect your business.

Depending on findings, you may face fines or prosecution—or you may be given a chance to correct violations through settlement agreements or monitoring programs.

Immigration and Customs Enforcement (ICE) may increase arrests, but logistical and resource limits make mass deportation unlikely.

New Restrictions on DACA, TPS, and Humanitarian Parole

Programs offering temporary legal status and work authorization have been targeted:

DACA protections for over 535,000 Dreamers face legal threats
TPS (Temporary Protected Status) have been rescinded for hundreds of thousands from El Salvador, Haiti, Venezuela, and others
Humanitarian parole programs benefiting over 530,000 migrants from Cuba, Haiti, Nicaragua, and Ukraine have been revoked

This loss of legal workforce will impact many industries, particularly those in hospitality, construction, manufacturing and agriculture.

FAQs for Employers on Immigration Changes in 2025

1. What immigration changes in 2025 should employers be most concerned about?
Employers should watch for increased enforcement of worksite compliance, changes to employment-based visa adjudication standards (particularly H-1B, L-1, and O-1), stricter USCIS scrutiny of petitions, a potential rollback of humanitarian protections (DACA, TPS, parole programs), and possible restrictions under a second Trump administration, including mass deportations or tighter eligibility criteria for nonimmigrant and immigrant workers.

2. Are H-1B program changes expected in 2025?
Yes. The H-1B Modernization Rule took effect for FY2026 (registration March 2025), which changes how beneficiaries are selected (one entry per person), increases employer obligations, and lays the groundwork for stricter oversight. Future changes may include higher wage level requirements, reduced eligibility for third-party placements, and changes in specialty occupation interpretations.

3. Could L-1 visa usage become more difficult in 2025?
Yes. Regulatory changes or executive actions may narrow eligibility for L-1B specialized knowledge workers, increase scrutiny of managerial roles (L-1A), and revive previous policies that targeted consulting or IT firms. FDNS site visits are also increasing for L-1 employers.

4. Will there be more I-9 audits or worksite inspections in 2025?
Yes. ICE has indicated a renewed focus on employer compliance through Form I-9 audits, inspections, and penalties. Employers in industries like construction, hospitality, manufacturing, and staffing should expect increased attention. If the political climate shifts, workplace raids may return.

5. How can I prepare for a Form I-9 audit or ICE inspection?
Employers should conduct internal I-9 audits, correct technical errors, train HR staff, retain records correctly, and have a written response protocol. Legal counsel should be contacted immediately upon receiving a Notice of Inspection or visit from ICE.

6. What should I do if USCIS conducts a surprise site visit?
Designate an internal point of contact, train staff on what to do, and contact immigration counsel immediately. USCIS site visits are common for H-1B and L-1 petitions. Officers may ask to interview employees or view workspaces to confirm petition information.

7. Are E-Verify requirements changing in 2025?
Some states have expanded mandatory E-Verify use for public contracts or private employers (e.g., Florida, Texas). Federal legislation may follow. Employers should stay updated on state-specific mandates and be prepared for possible federal-level expansion.

8. Can I still sponsor international students on OPT or STEM OPT?
Yes, but increased scrutiny is expected. Employers must ensure compliance with training plans, supervision requirements, and wage parity. Misuse of OPT/STEM OPT, especially through staffing firms or minimal oversight, may result in penalties or disqualification.

9. Are there new risks for using foreign contractors or freelancers abroad?
Yes. U.S. immigration authorities may question whether a contractor is truly independent or misclassified. If services are performed in the U.S. without proper work authorization, both the worker and employer can face serious penalties.

10. Is there a risk that my foreign employees on parole (e.g., CHNV, humanitarian) will lose their work authorization?
Yes. If parole programs are rolled back or rescinded—as seen with recent attempts to terminate CHNV—employees may lose work authorization with little notice. Employers should identify any workers reliant on discretionary parole and consult counsel on options.

11. What should I know about changes to PERM and the green card process?
DOL is expected to update the PERM system and wage determinations. Backlogs remain severe for countries like India and China. Employers should plan long-term sponsorship early, considering the slow timelines and risks of status loss for workers on nonimmigrant visas.

12. Should we continue sponsoring H-1B workers if program changes are coming?
Yes, but with caution. The H-1B visa remains a critical tool for attracting global talent. Employers should work closely with counsel to ensure petitions meet evolving standards, especially around degree requirements, wage levels, and job duties.

13. What can we do to reduce immigration compliance risks?
Best practices include regular I-9 audits, E-Verify use where applicable, HR training, establishing an immigration compliance policy, legal review of petitions, and ongoing communication with immigration counsel.

14. Are TN, E-2, or O-1 visas expected to be impacted?
While these visas are currently stable, future changes could increase documentation requirements or narrow eligibility. For example, O-1 visa standards may be raised, and E-2 investors may face more scrutiny over the source and control of funds.

15. How should we handle employee anxiety about immigration policy changes?
Employers should be transparent, avoid offering legal advice, and refer employees to trusted immigration attorneys. Supporting affected employees through flexible policies, counseling services, and informational resources helps maintain trust and morale.

16. Is it legal to ask employees about their immigration status?
Generally, no. Employers may not ask about immigration status unless required for Form I-9 purposes. After hire, avoid inquiring unless related to sponsorship needs or compliance. Treat all employees equally to avoid discrimination claims.

17. How long should we retain I-9 records?
Keep I-9 forms for three years after the date of hire or one year after the employee’s termination, whichever is later. Maintain them in a secure, centralized system accessible in the event of an audit.

18. What should be included in an immigration compliance policy?
Your policy should include I-9 procedures, audit schedules, E-Verify use, HR training plans, designated legal contacts, a response plan for government visits, and a system for tracking visa expiration dates and sponsorship obligations.

19. Are third-party placements (e.g., consulting firms) still viable under H-1B or L-1?
USCIS continues to scrutinize third-party work arrangements. Petitions must clearly establish employer-employee relationships, detailed contracts, worksite locations, and supervision plans. Employers should be cautious and fully document the nature of the relationship.

20. Should we consult with an immigration attorney now or wait until a problem arises?
Employers should proactively consult with experienced immigration counsel. Early planning reduces risks, ensures compliance, and helps you stay ahead of rapidly changing policies that could affect your workforce and operations.

Conclusion

Immigration remains a political flashpoint. Employers relying on foreign talent must stay informed, prepare for uncertainty, and support their workforce through evolving policies like extreme vetting, potential travel bans, potential changes to H1B prevailing wage and specialty occupation definitions, and the loss of employment authorization for those whose TPS or parole has been revoked.

While the future of these measures remains uncertain, proactive planning and advocacy are essential to minimizing disruption.

Why You Should Consult Attorney Richard Herman

With over 30 years of experience navigating the complexities of U.S. immigration law, Attorney Richard Herman is a nationally recognized leader in employment-based immigration solutions. Whether your company is hiring global talent on H-1B, L-1, TN, E-2, O-1, or J-1 visas, or facing challenges in maintaining compliance, Attorney Herman offers the strategic guidance, legal insight, and hands-on support needed to protect your business and workforce.

In a time of rapid policy shifts and heightened scrutiny—especially with potential changes under a second Trump administration—employers cannot afford to take a wait-and-see approach. From stricter adjudication standards to expanded site visits, new filing requirements, and enhanced penalties for noncompliance, 2025 is shaping up to be a pivotal year for employment immigration.

Attorney Herman and his team help employers:

Navigate the 2025 H-1B cap and registration changes
Respond to Requests for Evidence (RFEs) and site visits
Design strong strategies for O-1, L-1A/B, and TN visa petitions
Ensure I-9 compliance and prepare for potential ICE audits
Develop immigration policies aligned with corporate growth and risk management

Whether you’re a startup, staffing agency, multinational company, or university, Attorney Herman provides clear, practical legal solutions tailored to your industry and needs.

Don’t leave your immigration strategy to chance. Schedule a consultation with Attorney Richard Herman today and prepare your business for success in an uncertain legal landscape.

Call: 216-696-6170

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Related Resources:

USCIS I-9 Central