Search
Contact
Login
Share this article
With the 2024 election behind us and the inauguration set for January 20, 2025, now is the time for employers to take stock of their talent strategy and communications protocols to prepare for a second Trump administration.
We are entering a challenging environment for immigration policy. Based on the experience of the first Trump administration, employers should anticipate rapid and dramatic changes from the past four years. The good news is that we know more today than we did during the transition to the first Trump administration, and those learnings can inform the way employers organize their global talent programs and communicate with their foreign national employees.
Many of the individuals joining the second Trump administration bring with them the experience of his first term. They have a deeper understanding of the levers of government and how to use them. We know that they are using the time leading up to the inauguration to firm up immigration plans, draft policies and prepare new regulations so they can hit the ground running on Day 1.
At the end of Trump’s first term, the change in administrations allowed the Biden team to slow-walk and reverse many of Trump’s immigration policies. This is something the incoming administration is aware of and will want to use to their advantage. While we cannot say for certain exactly what those changes will be, the incoming Trump administration has made it clear that its overall approach is to restrict the number of immigrants entering the United States and to remove undocumented immigrants in large numbers. It’s important to recognize that under the anticipated enforcement priorities, there are no categories of undocumented immigrants who are considered safe from removal proceedings.
We also know from the experience of the first Trump administration that policy changes, travel bans and other business-disrupting events were often communicated via social media posts or press releases late on Fridays. Employers should be prepared to act quickly — often over weekends or holidays — to accommodate these changes, as they often went into effect on the following Monday.
While we have the experience of managing global talent under a Trump administration, it’s important to recognize some of the ways the world has changed since the first term.
If we think of public sentiment towards immigration as a pendulum, there is a center point that reflects prevailing feelings about how we approach immigration as a country. Each political party pushes the legal pendulum as far as they can in the direction they believe is most beneficial for the country. With this election, that center point has moved further to the right. The Republican party ran hard on immigration issues and was rewarded with not only the Presidency, but control of both houses of Congress. We should expect that these wins will embolden dramatic changes in the immigration landscape in a way that the 2016 election did not.
Additionally, under the first Trump administration, the U.S. Citizenship and Immigration Services (USCIS) was nearly bankrupt. Because USCIS funding comes primarily from filing fees and not tax dollars, the decline in global immigration during the pandemic resulted in severe budget shortfalls. At one time, the agency planned to furlough workers in an effort to save money. The second Trump administration’s stated focus on “government efficiency” combined with plans to curtail legal immigration could result in a similar underfunding, which in turn would slow the pace of processing for those in the immigration system.
Based on actions taken in the first administration, there are three main areas that the Trump administration is likely to prioritize that would impact corporate immigration programs: travel bans, business policy changes and worksite enforcement.
Shortly after taking office in January 2017, Trump signed an executive order, commonly referred to as the “Muslim Ban,” that prevented nationals from several countries from obtaining visas and traveling to the U.S. While these actions quickly led to legal challenges, the incoming administration now has legal precedent to rely on when creating new executive orders that will withstand scrutiny by the courts.
New travel bans are expected as soon as Day 1 of the second Trump administration. While there may be limited exceptions or waivers for some groups of people, it’s too early to know exactly what form these bans will take. Based on statements from members of the incoming administration, there are three additional categories of people who should give additional thought to whether they should be outside of the U.S. at the time of the inauguration: Chinese nationals, H and L travelers and F-1 students.
Historically, travel bans go into effect 72 hours after they are announced, so while there is a small window, it may not be sufficient for those outside of the U.S. to return before a ban goes into effect. Individuals who could be affected by travel bans should consider returning to the U.S. prior to the inauguration.
Other policy changes, however, can go into effect immediately, with no warning. Business policies can be used to slow the rate of processing, which has a net effect of reducing overall immigration — a goal of the new administration. Petitioners should expect to see more Requests for Evidence (RFEs), increased denial rates and revocation of Biden-era guidance that was intended to make the process work more smoothly.
For example, Biden reinstituted the pre-Trump policy of deference to prior determinations when considering renewal requests. For applicants requesting extensions where there were no material changes in facts since the previously approved petition, USCIS generally deferred to the previous decision and granted extensions. If the deference policy is not codified before Trump takes office, employers and petitioners should expect that Trump will revert to the policy of his first administration, reviewing every application as though it was the applicant’s first. The additional administrative burden will slow the application review process, so renewals that can be expedited now, should be.
Like executive orders, regulatory changes can take more time to come into effect. The first Trump administration moved to prioritize H-1B lottery selection by wage and increase salary thresholds by an average of 40% to discourage the hiring of foreign nationals. While they published final versions of these rules, the incoming Biden administration delayed them before they went into effect. The Trump administration would likely be interested in implementing similar policy changes, and they know from previous experience that administrations can run out of time to effect change. While there would be a very tight timeline to implement salary requirements between the inauguration and the H-1B registration period in 2025, employers should expect to see the incoming administration signaling the direction it intends to take on these issues early on.
Finally, employers should expect to see an increase in worksite visits, similar to the uptick we saw in the first Trump administration. There are two different groups that employers may see: USCIS and U.S. Immigration and Customs Enforcement (ICE).
First, the Fraud Detection and National Security (FDNS) division of USCIS conducts site visits under the Administrative Site Visit and Verification Program (ASVVP), either via e-mail or phone or at the addresses listed on a petition. Since these could be either employer-owned locations or in the case of remote workers, the beneficiary’s residence, employers should consider reviewing the petitions of their foreign national employees on H and L visas and ensuring that anyone working remotely knows who to call in the event that FDNS reaches out or appears in-person at their homes.
Second, ICE conducts Form I-9 audits. Whether employers collect and store Form I-9 on paper or electronically, every worksite should know who to contact internally when ICE arrives and be prepared to produce the requested documentation. The Trump team has also expressed an intent to resume conducting unannounced worksite raids, and to expedite removal proceedings for undocumented workers identified, though how that process will work is not yet clear.
While we may not know the specifics of how the immigration landscape will change, we do know that change is coming and that employers need to be prepared to react quickly and communicate rapidly to affected workers.
Coordinate internally on company priorities
Leadership will need to determine and communicate the organization’s position in a new political environment, and organizations will likely pursue a different playbook than they did during Trump’s first term. Employers may want to form working groups that include public affairs, HR, communications, key business groups and legal.
Create a plan for January 20
Corporate travel policies should be updated and communicated — either directly by the company or through their law firm — prior to the inauguration to account for employees who cannot enter the United States. COVID travel policies can provide a good framework, as travel guidance shifted constantly and employers had to provide proactive and reactive guidance on short notice. Employers should also determine now whether they have the resources to aid employees who are unable to reenter the U.S. If not, employees who need to travel outside of the U.S. should be encouraged to return prior to January 20.
Establish an internal communications process and platform
Knowing that policies can change quickly and outside of standard business hours, it’s imperative to establish a method for keeping employees informed during the transition. One key area to address is how communications will be developed, reviewed and approved, knowing that major changes may be announced on Fridays and holidays. Our firm has developed a proprietary communications tool that allows our government strategies team to immediately push out updates to clients.
Develop a defensive strategy for worksite enforcement visits
Set up an internal rapid response team and ensure that front desk and security personnel know who to call in the event that agents or inspectors arrive on-site. Generally, in the event of an ICE audit, employers have 72 hours to respond with I-9s, which could reside with HR or a third-party. The internal rapid response team should know the process for assembling requested documents.
Revisit your talent strategy to prepare for a new administration
Under previous administrations, a company’s talent strategy could remain fairly stable over four or even eight years. However, knowing that the incoming administration is looking to move quickly and dramatically, it may make sense to regroup quarterly to adjust to changing policies and regulations.
In anticipation of a more restrictive immigration policy environment, now is the time to organize internally to determine how your organization will respond and communicate those changes to employees.
This article was originally published on Law360.com.
Looking forward, the European Union is currently in the process of implementing two separate but interconnected systems that will soon have a tremendous impact on non-EU citizens traveling to most EU countries. Meanwhile, the United Kingdom is expanding its worldwide rollout of its new electronic travel authorization (ETA) system that will have a major impact on travel and transit through the U.K. in 2025 and beyond.
Presently, countries like the United States and Canada have similar ETA systems already in place that act as a digital permit for certain individuals to travel to or transit through these countries. These existing digital infrastructures collect traveler data, assess risk and grant entry via a digital process, specifically allowing eligible foreign travelers to enter without a visa. Across the world, similar programs are either in place currently or being introduced to allow more countries the ability to screen travelers before they arrive and increase visibility and security.
ETAs represent a modern approach to border control and visa management that is transforming the world’s travel experience. More and more countries are installing ETA systems to simplify the application process and increase security. In recent years, the ETA has become a vital digital process for international travelers.
Here is a look at the essential features and functions of ETAs through a breakdown of the major travel registration systems currently in place and those set to be released in the future — and, more importantly, what your company can do to prepare.
One of the most well-known ETA systems is the Electronic System for Travel Authorization (ESTA) online service in the United States for those who wish to travel under the Visa Waiver Program (VWP). These travelers must apply for authorization via an automated system that determines VWP eligibility for U.S. inbound travel. Authorization via ESTA does not determine whether a traveler is admissible; rather, U.S. Customs and Border Protection officials determine admissibility upon travelers’ arrival. The ESTA application collects biographic information and asks questions regarding VWP eligibility. Travelers are encouraged to apply as soon as they begin preparing travel plans or prior to purchasing airline tickets.
Canada’s electronic travel authorization (eTA) is required for visa-exempt foreign nationals traveling by air and is valid for up to five years or until the passport expires, whichever comes first. American citizens, including American Canadian citizens, do not need an eTA to enter Canada. These individuals still must carry proper identification and meet the basic requirements to enter Canada. Authorities launched the eTA system in 2016 for visa-exempt air travelers, and it is electronically linked to a traveler’s passport. With a valid eTA, eligible foreign nationals can travel to Canada as often as desired for short stays — up to six months at a time. Four types of travelers need an eTA to enter Canada, and applicants can apply for an eTA on the official Government of Canada website.
Australia was one of the first countries to implement an ETA system with the Subclass 601, Electronic Travel Authority that allows eligible foreign nationals to visit Australia as often as desired in a 12-month period with stays of up to three months each time. Different from the U.S. and Canada, this system is not meant for visa-free nationals — who can still enter Australia with just their passport for tourism/business — but rather for those nationals who require a visa (e.g., Indian nationals). With this visa, individuals can visit as a tourist or arrive as a business visitor. This visa is temporary and does not require a fee; however, there is an application service fee of AU$20 (about US$13) to use the Australian ETA app. Individuals must be outside of Australia when they apply for the ETA and outside of Australia when the visa is granted.
Introduced in 2019, the New Zealand Electronic Travel Authority (NZeTA) is for visitors from visa-waiver countries (including Korean nationals) traveling to or transiting through New Zealand. Individuals can apply online through the official Immigration New Zealand (INZ) website or mobile app. Applicants need to provide a passport number, nationality and reference number. The NZeTA costs NZ$9 (about US$5) when requested through the INZ mobile app and NZ$12 (about US$7) when requested through the website form. It is valid for up to two years and can be used for multiple visits within that time frame.
The South Korean government implemented the Korea Electronic Travel Authorization (K-ETA) on Sept. 1, 2021. Nationals of countries who are eligible for visa-free entry need to obtain K-ETA approval in advance to board flights or ships bound for the Republic of Korea.
The government currently exempts certain travelers from 67 visa-exempt countries from the K-ETA requirement but this exemption is due to expire on Dec. 31, 2024. Unless the South Korean government announces otherwise, the K-ETA requirement will be reintroduced as of Jan. 1, 2025, and travelers who plan to enter after this date must have an approved K-ETA authorization.
These new electronic travel registration systems are still in the process of being finalized, and plans and details on how each system will function may change.
The Entry/Exit System (EES) is an automated IT system for registering non-EU nationals who are traveling for a short stay to any of the European countries using the system.
Non-EU nationals are those who do not hold the nationality of any European Union country or the nationality of Iceland, Liechtenstein, Norway or Switzerland. These individuals will be required to register through the EES each time they cross the external borders of any of the participating countries for a short stay, whether they possess a short-stay visa or do not need a visa to stay for a maximum of 90 days in any 180-day period.
Registration exemptions in the EES do apply, and more information can be found here. The EES will not affect people traveling within the Schengen area; it applies only to third-country nationals as they enter or exit the area.
The European Travel Information and Authorization System (ETIAS) is targeted to launch in 2025. ETIAS will require travelers from visa-exempt countries and territories to apply for a travel authorization in order to visit any of the 30 European countries implementing ETIAS for a short-term stay. A valid ETIAS travel authorization will be linked to a traveler’s passport and will be valid for up to three years or until the passport expires, whichever comes first. Individuals will need to get a new ETIAS travel authorization if a new passport is acquired. The registration cost will be €7 (about US$7 — free for travelers under 18 or over 70) and allow for short-term stays — in line with current Schengen rules (normally for up to 90 days in any 180-day period) — for tourism, business or transit purposes. Certain visitors, workers, students and others must still obtain the relevant work permits, student permits, residence permits, etc.
The U.K. recently launched its Electronic Travel Authorization (ETA) system for certain visitors who do not need a visa on short stays in the U.K. (including European nationals) or those who do not already have a U.K. immigration status prior to traveling. An ETA costs £10 (about US$13), permits multiple journeys and is valid for two years or until the holder’s passport expires, whichever is sooner.
Under the ETA system, visitors will be allowed to stay in the U.K. for up to six months for tourism, visiting family and friends, business or study, or three months under the creative worker visa concession.
For more information on the EU’s ETIAS and the U.K. ETA, check out our in-depth breakdown of the two most significant travel systems coming in 2025.
The second-largest economy in Southeast Asia is implementing an ETA system to increase tourism and spur economic growth. The new ETA system coincides with government expansion of visa-free and visa-on-arrival programs to include additional nationalities. Thai officials recently stated the ETA will apply to visa-free (15- and 30-day stays), visa-on-arrival and visa exemption (60-day stay) travelers of all nationalities, with no exemptions for any non-Thai citizens.
The ETA will not be mandatory for long-term visa holders (including nonimmigrant visas), Destination Thailand Visa holders or holders of tourist visas that are issued by the embassy prior to entry. Holders of diplomatic passports will be exempt from the ETA.
Once the system is launched, applications are expected to be available via the existing e-visa platform; however, the official channel has not yet been announced. The Ministry of Foreign Affairs has not yet released all pertinent details, and the start date remains tentative, with further changes to the applicable visa types possible.
The expansion of ETA systems around the world highlights a growing trend in border security. Specifically, border management authorities are focusing on new ways to improve security and increase efficiency. In support of these efforts, authorities are also exploring digitizing travel credentials and enhancing data-sharing agreements along with ETAs to improve travel safety and capacity.
Recently, the EU Commission proposed an “EU Digital Travel application” to digitize passports and identity cards for individuals traveling to and from the Schengen area. This common framework, expected to become available in 2030, would create digital travel credentials for both EU citizens and non-EU citizens when completing systematic checks at EU external borders. These new rules for digital passports and ID cards are designed to make it easier for authorities to verify the authenticity and integrity of travel documents, deter migrant smuggling and detect fraudulent documentation.
In 2023, almost 600 million crossings were recorded at EU external borders. Officials say this number indicates a need to speed up border controls and ensure smoother travel, while maintaining a high level of security. Since 2021, the Schengen strategy has committed to further digitizing procedures at external borders, and the Commission’s Digital Decade framework showcases the EU’s efforts to ensure the digital transformation in Europe in the next decade.
In Canada, the government signed an agreement with EU officials to enhance border security, specifically creating a new information-sharing agreement between the two organizations concerning the transfer and processing of passenger name record (PNR) data. The new agreement forms a legal basis for the transfer and use of PNR data from flights departing from the EU to the Canada Border Services Agency (CBSA). CBSA can use the data to assess the risk of travelers before their arrival in Canada and identify potential security threats. Air carriers will collect information such as number of bags, payment method, seat selection and frequent flyer numbers. Canadian officials stated the agreement strengthens law enforcement cooperation between Canada and EU partners while ensuring strong privacy protections for passengers.
These actions and policies highlight the emerging digital trend in border security guided by principles of secure and sustainable digital infrastructures. With more innovations expected soon, the new ETA systems, digitized travel credentials and increased data-sharing initiatives demonstrate a digital travel transformation currently taking place across the world.
What can travelers do to prepare?
Travelers can take several concrete actions now to prepare for these new travel registration programs:
What can employers do to prepare?
Employers also can consider initiatives to take now to prepare for the new travel registration programs:
BAL delivers global coverage that is centrally managed and locally delivered with on-the-ground support in 170-plus countries. Our team provides comprehensive round-the-clock program support and individual casework, all under a unified tech platform. Whether it is strategic advice, critical program analysis or compliance and government strategies support, BAL supports all global immigration needs.
In the world of immigration, a Request for Evidence (RFE) is a notice issued by U.S. Citizenship and Immigration Services (USCIS) requesting additional information or documentation for an immigration petition or application prior to rendering a final decision. While an RFE may be discouraging, it does not necessarily mean that an immigration petition or application will be denied, but it may lead to uncertainty and delays when applying for an employment-based visa or work authorization. With the support of your legal partner, you may address USCIS’ queries and overcome the RFE successfully.
By developing a strong employment-based visa application initially, you are more likely to avoid RFEs and achieve faster, more favorable outcomes. Moreover, even if USCIS issues an RFE, strong employment-based applications filed initially often provide robust foundations to push back on any USCIS challenge. Here are some of the common reasons for RFEs, strategies to increase your chance of approval and how to manage RFEs if you do receive one.
While RFEs can seem intimidating and create significant delays, they’re more common than you might think. For fiscal year (FY) 2023, 9.9% of H-1B applications received RFEs — as well as 31.5% of L-1A applications, 38.2% of L-1B applications, 22.6% of O applications and 17.2% of TN applications. Similar trends are evident for FY 2024.
Percentage of visa applications that received RFEs per fiscal year
Source: USCIS Immigration and Citizenship data
During the first Trump administration, the percentage of visa applications that received RFEs climbed to 40% for H-1B, nearly 54% for L-1A, 58% for L-1B, 30% for O and 28% for TN.
Specific reasons for getting an RFE vary depending on the visa type, but there are several common issues across various applications:
Preparation and attention to detail are crucial in avoiding unnecessary delays or denials. While you can’t guarantee a visa application won’t result in an RFE, you can take precautionary measures to reduce the risk.
Understand the specific evidentiary requirements for your case
Each immigration case is unique, so it’s important to thoroughly understand the specific evidentiary requirements for the visa type you apply for. Review USCIS guidelines and instructions to ensure you provide all necessary documentation.
For example, if the petition you are filing requires that the offered position must be a “specialty occupation,” such as an H-1B or an E-3 petition, you must provide a detailed job description as well as supporting documentation that demonstrates the complex nature of the role.
Submit complete and accurate documentation
Incomplete documentation is a common trigger for RFEs, and inaccurate documentation or information can result in the rejection of your petition, or it can greatly increase the difficulty of addressing the RFE itself.
Double-check all forms, supporting materials and evidence to ensure they are complete and up to date. Ensure you submit all required educational transcripts, diplomas and evaluations to demonstrate the foreign national’s qualifications for the position, as well as all the documentation required on behalf of the company.
By providing a comprehensive, well-organized package, you minimize the chances of receiving an RFE.
Address potential red flags proactively
USCIS officers are trained to identify potential red flags in petitions and/or applications. Take a proactive approach by addressing any potential concerns or red flags in your initial submission. Include explanatory letters, additional evidence and relevant supporting documentation to clarify any issues.
For example, one common red flag for adjudicating officers is whether or not a legitimate employee-employer relationship exists between the company and the employee. Make sure to include employment contracts, offer letters, pay stubs and tax documents to establish a clear employer-employee connection.
BAL has developed AI and automation-powered analysis tools specific to immigration policy and industry benchmarking of historical data, enabling us to identify potential high-risk areas in a case and take proactive measures to achieve swifter, more favorable decisions.
In one case, BAL’s data analysis increased a client’s overall approval rate on some immigration case types by as much as 20%.
If you do receive an RFE on a visa application or petition, there is still a good chance it can be approved — you just need to respond to each of the issues identified in the Service’s request promptly and thoroughly.
Follow these steps to increase your chances of approval:
In general, stay organized, thorough and focused on addressing the concerns raised.
Hiring foreign national talent can help fill skills gaps and bring specialty knowledge into your workforce, but RFEs can cause major delays, unnecessary stress and additional expenses in the work authorization process.
BAL’s attorneys work diligently to avoid RFEs and ensure a seamless process. Our innovative technology and decades of experience in employment-based immigration law have led to a lower percentage of RFEs than the national average. For example, while 9.6% of H-1B petitions resulted in RFEs for FY 2023, only 5.3% of H-1B petitions filed by BAL received RFEs in the same period.
Contact our team to learn how we can provide a smooth, error-free visa application or petition process.
The O-1A visa is a nonimmigrant work visa for individuals who are considered experts in the fields of science, business, education or athletics. Unlike the H-1B visa, a common route for highly skilled foreign nationals, the O-1A visa can be filed at any time during the fiscal year and can be extended indefinitely — plus, it’s not subject to a cap.
There’s been a 29% increase in O-1 filings from fiscal year 2021 to FY 2023, with an approval rate of over 90% in that same period.
U.S. employers continue to seek high-skilled talent to fill skills gaps and remain competitive, and the majority of graduate students in critical STEM fields like electrical engineering and computer sciences are foreign-born. Yet employers have few alternatives outside of H-1B visas to recruit and retain high-skilled foreign nationals.
Foreign nationals with extraordinary abilities and accomplishments in STEM fields and business may have another route via the O-1A visa. Learn more about requirements for the O-1 visa and contact BAL to schedule a consultation.
CONTACT US
In January 2024, two decades after the 9/11 terrorist attacks led to the discontinuance of domestic nonimmigrant visa renewals, the U.S. Department of State conducted a domestic visa renewal pilot program. The limited-time initiative allowed certain H-1B visas to be renewed in the U.S. instead of in a foreign country. The pilot program was used to assess the viability of a domestic visa renewal program and its efficacy in reducing visa wait times.
From Jan. 24, 2024, until April 1, 2024, certain H-1B visa holders were able to apply to renew their H-1B visa in the U.S. Prior to the pilot, BAL created a pre-assessment questionnaire to help applicants determine whether they might qualify to participate in the pilot. The State Department also released its own pre-assessment questionnaire on travel.state.gov.
Reaction to the program was largely positive, with experiences exceeding expectations related to timing and ease of participation. BAL subsequently provided program feedback, as did the American Immigration Lawyers Association, including recommendations for program improvements, expansion and permanence.
Although the Visa Office has indicated that it is actively pursuing a broader, long-term program to provide domestic visa renewals, it does not anticipate being able to launch a program until 2025. The result of the 2024 presidential election may change the program’s trajectory entirely.
Under the current Biden administration, the government plans to implement a domestic visa renewal program, with a program launch expected in 2025. The program would include H-1B visa holders who were not originally included in the pilot (e.g., someone whose H-1B visa was issued somewhere other than in Canada or India). Moreover, unlike the pilot, family members on H-4 visas would be eligible to apply for domestic visa renewal. The program is also expected to include other visa categories. (Note: Current regulations already permit the government to issue E, H, I, L, O or P visas in the U.S., so the Visa Office can expand domestic renewal to all of these categories without changing its regulations.)
If Vice President Kamala Harris is elected, the government will likely continue to move forward with its plans to create a domestic visa renewal program, though it is unclear if any particular visa categories or other visa policies may be prioritized over others.
If former President Trump is elected, the future of the domestic visa renewal program may be in jeopardy. During the prior Trump administration, the government limited interview waiver authorities, requiring visa applicants to be interviewed at a U.S. embassy or consulate for visa renewal. As any domestic visa renewal program requires the individual to qualify for interview waiver, should Trump return to office, the program may never get off the ground — at least for another four years.
Whether the Biden administration tries to push domestic visa renewal forward before inauguration is not known. If they do, and if the program is operational before President Biden’s term officially ends, dismantling it might prove difficult for the next administration, as businesses would surely apply a great deal of pressure to keep the program in place. If a domestic visa renewal program isn’t in place prior to the 2025 inauguration, it is unlikely that a second Trump administration would revive it — even if all planning and details were already in place and an announcement were imminent.
BAL sees three challenges that need to be overcome before a new domestic visa renewal program could successfully be implemented:
Due to the election, any projected timeline in connection with the current administration’s plan for a domestic visa renewal program is up in the air. Should the government move forward with implementing a new domestic visa renewal program in 2025, BAL expects that some of the eligibility criteria for visa renewals would be similar to that of interview waiver applicants applying for visas abroad and the pilot criteria, with some exceptions. For example, during the pilot, applications and materials had to be submitted to the Visa Office within a specific period, whereas in a new program, applicants should be able to apply whenever the need would arise.
Criteria limiting visas issued within a certain time frame and at certain consular posts also is unlikely to apply. The State Department may not immediately open the program to all eligible visa classes but may gradually add applicants over time.
To get the latest updates on domestic visa renewals, immigration news and more expert analysis, subscribe to BAL’s newsletter.
The impact of artificial intelligence in our personal and professional lives grows exponentially day by day. According to a recent Forbes study, 64% of businesses expect AI to increase productivity and 42% expect it to streamline job processes.
As AI technology continues to revolutionize various industries, it is transforming the way companies operate and significantly impacting how employers effectively recruit and manage global talent.
This analysis of our recent AI technology survey results provides insights on the sentiments shared by human resources and mobility professionals who work with foreign national employees and manage in-house immigration programs. The survey reflects how they are leveraging AI to improve communications, compliance and workflows.
A total of 125 responses were received from companies across various industries revealing the following trends:
According to our survey data, more than 80% of participants indicated that human resources and global mobility professionals are the primary users of the AI tools used in their immigration processes.
Document verification and compliance monitoring ranked almost equally among respondents as the immigration processes that could benefit the most from AI.
As previously noted, 57% of respondents identified compliance with immigration laws, along with accuracy and reliability, as their top concerns regarding the use of AI in immigration and visa management processes. Additionally, data privacy/security and cost of implementation are significant concerns.
*Respondents were able to select multiple concerns
Although 57.6% of the companies responding will be making moderate or significant investments in AI technology, 42.4% noted that they will be making either minimal or no investment in AI technology, suggesting reluctance or economic caution by a sizable share of the audience.
Overall, companies with foreign national employees and immigration programs have been adopting AI technology to facilitate workflows, despite evident concerns about risking further investment in AI technology. The survey results underscore the critical role that AI technology plays in streamlining HR and global mobility processes for foreign national employees.
Among the respondents, almost 60% are not currently working with immigration law firms to help with managing their immigration programs. However, to fully leverage the technological advancements in AI, partnering with a leading corporate immigration law firm is essential. BAL provides innovative AI technology and exceptional legal expertise to help ensure compliance and reduce risk. We provide tailored services that can adapt to the unique needs of any size organization to keep you in compliance with immigration laws, minimize delays and increase visa approval rates so you can get the top talent you want.
If you are interested in speaking with an immigration expert about how BAL leverages AI to power its proprietary platform and help clients secure top global talent, improve their immigration programs and navigate complex visa processes for foreign national employees, contact us here.
BAL’s AI technology survey was open to the public Sept. 16 through Oct. 4. There was a total of 125 survey respondents, with the number of foreign nationals employed ranging from 10 to 1,000+. Respondents included a mix of in-house attorneys, immigration program managers and human resources and global mobility professionals. Over half (52.8%) of the respondents divide immigration management across various departments, with 42.4% handling all immigration management within one department.
The outcome of the 2024 presidential election will have significant implications for immigration policy, particularly concerning high-skilled immigration. Both candidates are expected to implement very different policies, impacting how companies hire and build out their talent pipelines. Lynden Melmed, BAL partner and head of Government Strategies, joined Bloomberg Technology hosts Ed Ludlow and Caroline Hyde to discuss that while there is a commonality among voters from both parties that high-skilled immigration benefits the U.S., the candidates have opposing views on immigration policy.
For instance, if former president Donald Trump is re-elected, we can anticipate swift action on travel bans and restrictions on immigration, which will impact businesses’ ability to hire foreign-born talent. Companies are preparing for any election result and are ready to act quickly during the post-election period if necessary.
For more insights, watch the full segment on Bloomberg TV. You can also explore BAL’s Election Resource Center and download our guide to prepare for any election outcome.
During the first Trump administration, U.S. Immigration and Customs Enforcement (ICE) ramped up investigations for Form I-9 violations. From 2017-18, I-9 investigations increased 340%, workplace criminal arrests rose 460%, workplace administrative arrests jumped 787% and the number of workplace enforcement cases initiated increased 305%.
Regardless of the election outcome, companies should be proactive about I-9 compliance — especially in the event of a second Trump term. Here are some reminders concerning I-9 compliance and tips to safeguard your organization from potential I-9 violations and penalties.
Form I-9, Employment Eligibility Verification, is the form all U.S. employers are required to use by law to verify that new hires are authorized to work in the United States. Employers must also “re-verify” the employment authorization of employees who have temporary forms of work authorization (i.e., with an expiration date).
While maintaining compliance with Form I-9 obligations may appear straightforward, there are varied rules and requirements around what documentation employees may present to verify their identity and authorization to work, and how the employer must record and maintain that information.
Requirements associated with Form I-9 also change frequently. For example, rules around automatic extensions of certain employment authorization documents have evolved significantly in recent years. The government also launched a new “virtual” I-9 review option for certain E-Verify employers in 2023 that brought its own opportunities and challenges for employers.
Violations found during a government I-9 audit can result in steep fines and penalties for the employer. The Department of Homeland Security recently increased fines for I-9 paperwork violations. As of 2024, fines range from $281 to $2,789 per I-9 violation. In addition, employers that fail to administer their employment eligibility verification programs in a nondiscriminatory manner may be subject to investigation by the U.S. Department of Justice Immigrant and Employee Rights Section (IER).
Companies regularly work with in-house counsel to audit their financial and tax records as part of their routine compliance regime. The same should be true of I-9 records. You should proactively conduct internal I-9 audits to ensure you are compliant with all I-9 requirements and prepared in the event of an official government audit.
Since penalties are assessed for each noncompliant I-9 form, they can quickly multiply if, for example, the same incorrect procedure is applied across multiple I-9 forms. If your company’s self-audit turns up I-9 errors and HR tries to correct them internally, it is critical to ensure the correction is both accurate and adheres to appropriate procedures.
Companies often use commercial or proprietary Form I-9 software programs to complete the Form I-9 and E-Verify processes. In a fact sheet released in December 2023, IER and ICE stressed that using such programs do not “guarantee an employer’s compliance with federal law.”
Your organization remains liable for any errors or violations on the Form I-9, regardless of whether you leverage an electronic system. For this reason, you should fully vet any Form I-9 software before transitioning to an electronic solution and put in place rigorous quality control measures.
The simplest way to ensure compliance is to partner with a law firm that specializes in immigration law, is well-versed in the various Form I-9 requirements and is at the forefront of changes in policy and government enforcement trends.
BAL has an entire team of professionals who can assist companies in running I-9 compliance and E-Verify programs, as well as assist with complex matters such as I-9 audits.
Contact our team of I-9 legal experts to discuss how we can help ensure compliance in preparation of potential audits.
Jeff Robins, a top immigration litigator, will chair BAL’s litigation group and join the Government Strategies team.
DALLAS, October 22, 2024 /PRNewswire/ — BAL, the world’s leading corporate immigration law firm, announced today that Jeff Robins, one of the most experienced immigration litigators in the country, has joined the firm. Jeff will chair the firm’s litigation group and be a part of Government Strategies team.
“There is no one else like him in the country,” said Lynden Melmed, partner at BAL and former Chief Counsel of U.S. Citizenship and Immigration Services (USCIS). “Jeff started his career at USCIS and then spent almost two decades litigating immigration cases on behalf of the government. His knowledge of federal litigation in the immigration arena is unparalleled.”
Prior to joining BAL, Jeff served as Deputy Director of the Office of Immigration Litigation District Court Section, placing him at the forefront of the litigation of immigration-related issues including jurisdictional issues, class actions and programmatic, regulatory and constitutional challenges. He advised senior leadership in the Departments of Justice, Homeland Security, State and Health and Human Services, as well as U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement and U.S. Customs and Border Patrol.
Over the course of his career Jeff has litigated cases in more than 20 federal district courts and a majority of the 13 federal courts of appeal. Jeff has been at the center of high-stakes immigration cases that include complex H-1B visa litigation, the creation and operation of the Deferred Action for Childhood Arrivals and U Visa programs, Temporary Protected Status, conditions of confinement at immigration detention facilities and Denaturalization.
“Litigation is an increasing area of focus for our clients,” said Frieda Garcia, managing partner at BAL. “Companies must monitor ongoing litigation and evaluate when and how to pursue relief on their own. But we also know that there are sensitivities surrounding immigration and that litigating against the federal government requires excellent judgment. We are confident that Jeff will help clients achieve their objectives without creating public relations or political risks.”
Jeff joins the leading Government Strategies team at a critical time for U.S. immigration. Irrespective of who wins the 2024 presidential election, companies will need to adapt in the upcoming year to rapidly changing policies and enforcement priorities.
To learn more about the firm’s Government Strategies team or to set up a consultation, please email balgov@bal.com.
About BAL
Established in 1980, BAL powers human achievement through immigration expertise, people-centered client services and innovative technology. BAL, with 13 offices across the United States and global coverage in more than 185 countries around the world, operates as a single entity through its oneBAL culture — a uniquely holistic approach, intentionally structured as one team, one brand, one P&L, one standard of excellence and one unifying technology. This united approach enables the firm to deliver the highest level of knowledge, insights and resources from across the entire organization. At BAL, we pursue the exceptional. To learn more, visit bal.com.
The stakes are high for the 2024 presidential election, especially for immigration programs. A change in administrations could result in a reactionary environment and swift immigration challenges on day one.
As we count down to the election, now is the time to prepare your immigration program for any outcome. Download this action plan for guidance on organizing a dedicated working group, identifying foreign national employees who require proactive protection and communicating real-time updates to key stakeholders.
DOWNLOAD