The Volatility of Workplace Immigration Under Trump
By Jerome G. Grzeca Founder & Managing Partner, Grzeca Law Group, S.C. | March 2025
This article was co-authored by Theodore Evert, Legal Assistant, Grzeca Law Group
The first three months of President Trump’s second Administration has been defined by a flurry of Executive Orders and changes to government agencies, many impacting the nation’s immigration policy.
Understanding how these changes will impact your foreign national workers is essential to assisting your workforce. By examining the policies implemented during President Trump’s initial Administration and his current Administration, we can begin to build a picture of potential immigration-related implications for your foreign national workers.
With immigration restrictions being a cornerstone of the second Trump Administration, it is necessary to remain informed on the issues and potential complications that your foreign worker populations will be facing. From expanded scrutiny, prolonged processing times, and increases in denial rates, to the attempted and accomplished revocation of certain nonimmigrant classifications, this article will serve as a roadmap on how to navigate the upcoming four years.
What’s Happened So Far
1. Firing of Federal Employees
President Trump has moved swiftly to reshape the federal workforce, implementing a hiring freeze, eliminating telework, and reclassifying positions to facilitate dismissals. On January 24, 2025, he abruptly fired at least 17 inspectors general from key federal agencies, sparking legal concerns over the lack of required notice to Congress. His administration also offered buyouts to federal employees; a move critics see as an effort to purge those not aligned with his agenda.
In addition, on February 14, 2025, nearly 50 U.S. Citizenship and Immigration Services (USCIS) employees were terminated. A reduction in the workforce at USCIS could result in a strong negative impact to the agency’s effectiveness, both from backlogs and delays and a loss of experienced staff. Furthermore, the Department of State (DOS) has also seen a reduction in workforce, mainly at U.S. consulates and embassies across the world in response to President Trump’s “One Voice for America’s Foreign Relations” executive order. A reduction in consular officers abroad will lengthen wait times and decrease the ability to hire skilled, qualified foreign workers in a timely manner.
2. Birthright Citizenship
On January 20, 2025, President Donald Trump signed an Executive Order called “Protecting the Meaning and Value of American Citizenship” which will effectively deny citizenship by birth to any individuals born in the United States whose mother is present in the country unlawfully or temporarily, and whose father is not a U.S. Citizen or Lawful Permanent Resident at the time of the individual’s birth. This would effectively deny U.S. Citizenship to a child born in the U.S. to not only undocumented parents but parents in the U.S. on valid nonimmigrant visas.
Although this Executive Order is being challenged in court, and while it will not directly impact the employability of the workforce, this will impact the stress and desire of individuals in this situation to obtain a Green Card to alleviate that anxiety.
3. Revocation of TPS Status
Temporary Protected Status (TPS) is designated by the Secretary of Homeland Security, allowing nationals from designated nations subject to national disasters, epidemics, armed conflicts and extraordinary circumstances to remain in the United States following a vetting process. Individuals who hold TPS are eligible for open employment authorization.
In January 2025, the Trump administration announced the termination of TPS for approximately 300,000 Venezuelans, citing improved conditions in Venezuela. This decision has been met with bipartisan opposition, notably from both Democrats and Republicans in Miami, who argue that returning individuals to Venezuela remains unsafe.
In February 2025, President Trump took further steps to curtail the TPS program by announcing that TPS status would be revoked for 500,000 Haitian migrants in August, following severe criticism of this population while on the campaign trail. Furthermore, President Trump has stated that he will be “looking at” revoking the TPS designation for Ukrainian Nationals living in the U.S.
The future of other TPS holders is unknown, and left to the determination of the Secretary, and ultimately President Trump. This program has faced criticism from President Trump and his allies. While not specifically named, others may be at risk as well.
4. Alien Registration Requirement
In March 2025, an Interim Final Rule was published in the Federal Register titled “Alien Registration Form and Evidence of Registration.” This Rule, if implemented, would require noncitizens over the age of 14 to “register” with USCIS by providing a list of addresses and fingerprints for those who did not provide this information during their visa interview and will remain in the U.S. for 30 or more days. For those noncitizen individuals under the age of 14, a parent or guardian is responsible for providing this information.
5. Past Policies
Freeze on the Issuance of Green Cards and H-1B, H-2B, L-1, and J-1 Visas
In 2020, the Trump Administration froze the issuance of Green Cards and overseas issuance of H-1B, H-2B, L-1, and L-1 visas through executive orders. The first executive order was signed in April 2020, which instated a 60-day freeze on the issuance of the specific visa classifications. Another executive order was signed in June 2020, extending that freeze through the end of the year. During the height of the COVID-19 pandemic, President Trump signed these executive orders to protect hundreds of thousands of jobs that had been lost, many in the hospitality industry.
However, it resulted in difficulties with maintaining a highly skilled workforce, especially in those industries that rely on global mobility. While the COVID-19 pandemic was the rationale for this action, it is possible that other high-profile circumstances could lead to a freeze in the second administration.
6. Deference to Previously Approved Petitions
Deference given to previously approved petitions by USCIS adjudicators is an area of immigration that is particularly tumultuous. For most of the 21st century, adjudicators deferred to previous determinations of eligibility. However, USCIS rescinded deference to prior petitions under the initial Trump Administration, which was a target of the second Trump Administration. In December 2024, the Biden Administration codified deference to previously-approved petitions without a material change in circumstances, eligibility or prior errors. Therefore, although USCIS will initially defer to previously approved petitions, the Trump Administration may rescinding the prior deference.
7. Issues with H-1B Petitions
During the first Trump Administration, companies experienced increased denial rates for H-1B petitions as a result of an executive order signed by President Trump to push companies to “Buy American and Hire American.” The United States only allocates 85,000 additional H-1B visa numbers every year, despite high demand. In FY2015, the H-1B denial rate was 6%, increasing to 24% by FY2018. In addition, during FY2018, more than 2 in 3 H-1B petitions received a Request for Evidence (RFE). An RFE is the government’s way of pushing back on visa petition filings through a burdensome process of answering questions and providing evidence, many times already answered and provided. As such, companies must use additional resources and funds.
8. Visa Renewal Limitations
In July 2019, Customs and Border Protection (CBP) rescinded the ability for Canadians to renew their L-1 status at Ports of Entry and pre-flight inspection. Without this option, businesses are required to incur additional expenses through USCIS filing fees and must preplan strategies for status renewals months before previously necessary.
9. Forced Wage Increases
In October 2020, the Department of Labor (DOL) attempted to greatly increase the wage that companies were obligated to pay their H-1B, H-1B1, and E-3 foreign workers, far above the wage of similarly situated U.S. workers. This attempt carried into the Green Card process. The DOL was challenged in court and the rule was vacated. However, the DOL may make similar attempts in the upcoming years.
10. Employment-Based Green Card Interviews
During the first Trump Administration, a longstanding practice of allowing high-skilled employees to waive a final in-person USCIS interview, was rescinded. USCIS, under the Biden Administration, waived interviews for many employment-based applicants to decrease the backlog. The Trump Administration may reverse this practice.
11. Campaign Rhetoric and Potential Changes
DACA
In 2012, President Obama, through executive order, created the Deferred Action for Childhood Arrivals program (DACA). This program granted Dreamers who were brought to the United States as children protection from deportation and legal work authorization. In 2017, President Trump and Attorney General Jeff Sessions attempted to rescind this program, claiming that it was created unconstitutionally. This action was challenged in court, and eventually made its way to the Supreme Court of the United States (SCOTUS).
The Court found that Attorney General Sessions did not legitimately justify the end of DACA and blocked the Trump Administration’s attempt to end the program. However, the Court maintained that DACA can be rescinded, if proper procedural methods are followed. With this precedent set, it is reasonable to expect additional legal challenges to the program in the coming administration.
Interestingly, President Trump’s position on DACA may have changed. In December 2024, during an interview with NBC’s Meet the Press, President Trump said “Republicans are very open to the Dreamers. The Dreamers, we’re talking many years ago. They were brought into this country many years ago, some of them are no longer young people, and in many cases, they become successful.” President Trump clarified that he does believe Dreamers should remain in the country, which could signal potential expanded protections for Dreamers. However, these protections would need to come as a result of congressional action. With majorities in both the House of Representatives and Senate, Congressional Republicans will inevitably be the group determining the future of DACA.
12. Worksite Raids During the Second Trump Administration
Worksite raids are a common cause for concern for both employers and employees. They are disruptive to operations and cause distress among individuals. Tom Homan, the Director of Immigration and Customs Enforcement (ICE) for both Trump Administrations, is an advocate for a zero-tolerance immigration platform, saying “if you’re in the country illegally, you shouldn’t feel comfortable, absolutely not.” He is a staunch supporter of worksite raids, claiming that they curtail and identify victims of labor and sex trafficking.
13. Increased Scrutiny and Extreme Vetting
You should also expect increased scrutiny of petitions for your foreign workers, whether that be filing with USCIS or presenting a visa application abroad. While the standard of proof in a visa petition is “preponderance of the evidence,” it is difficult to prove that a USCIS officer is holding a petition to a higher standard. However, you can expect increased scrutiny of the evidence submitted, with broad statements about insufficiency in the government’s denial. This may cause additional delays while working with outside counsel to assemble necessary documentation.
This scrutiny has extended to CBP, with extreme consistency being required when entering the country. Questions of whether the individual’s position is “bona fide” have resulted in nonimmigrants being placed in expedited removal proceedings due to issues in consistency between the nonimmigrant’s attestation and the employer’s attestation when called upon to answer for the position.
What Your Hotel Should Be Doing
Preparation for Compliance Reviews
USCIS may conduct compliance reviews under the Administrative Site Visit and Verification Program. These reviews allow USCIS to verify documentation submitted with visa petitions and incudes review entails review of documentation, taking photographs of the worksite, and verification of information submitted to USCIS, among other things. It is important to note that participation with USCIS in a compliance review is voluntary. However, a compliance officer may also request to speak with the foreign worker. In preparation for these unannounced visits from USCIS officers, we recommend maintaining robust and readily accessible files for your foreign workers that can be presented with a short window of notice.
Prepare for I-9 Audits and Raids
With record-breaking I-9 raids and audits during the first Trump Administration and promises of crackdowns on undocumented immigration, it is expected that audits and raids will continue during President Trump’s second administration. Issues with I-9 and E-Verify compliance are particularly applicable to hotels who utilize third-party staffing agencies to employ temporary workers as you need to ensure that your records and the staffing agency’s records are accurate and up to date.
Working with outside counsel to conduct internal I-9 audits will increase your hotel’s preparedness for audits and raids conducted by ICE. In addition, working with a law firm, rather than a non-legal consulting agency, offers attorney-client privilege, in the event your records are subpoenaed. Audits and raids can result in both civil and criminal financial penalties. In the first month of the Trump Administration, there has been an increase of workplace raids throughout the country, from Florida to California. It is essential for employers to remain vigilant and ensure compliance with immigration laws to mitigate potential risks.
There is an important distinction between an audit and a raid. An audit is a pre-announced inspection of paperwork and files and employers are given at least 3 business days to produce their I-9 documentation. Raids are unannounced ICE agents attempting to enter your workplace. During a raid, you must understand your rights as an employer and train your employees to understand what they should and should not do during the raid. A raid requires a judicial warrant authorizing inspection of private areas of your business and seizure of documentation.
Because ICE agents have no legal right to search your business without a judicial warrant, if agents attempt to enter private areas of your business you should ask to see a judicial warrant signed by a judge.
Rapid Response Policy
Implementing a Rapid Response Policy is essential to ensuring that your organization is prepared for government audits, inspections, or raids. The policy should clearly outline who within the organization is authorized to interact with government agencies and under what circumstances they may permit entry, speak with employees, or provide documentation.
Renew Visas as Soon as Possible or Instruct Your Foreign Workers to Remain in the United States
We recommend examining your foreign national’s visa expiration dates. During the first Trump Administration, visa validity periods decreased, and substantive changes to visa petition adjudications at U.S. Embassies and Consulates may not have occurred this early. However, if your workforce frequently travels internationally, those workers who require visas to enter the United States should renew them promptly to avoid incurring unnecessary costs associated with additional visa renewals. There may be a “visa ban” coming for nationals of certain countries. Do not let these individuals travel internationally without speaking to immigration counsel first.
Prepare for Delays
When onboarding new foreign workers or extending the status of your current foreign workers, you should plan to encounter delays. These delays occur from a variety of sources throughout the process, including limited availability of visa appointments at U.S. Embassies and Consulates abroad and individuals being placed in Administrative Processing, meaning that the Embassy or Consulate does not adjudicate your employee’s case immediately. Administrative Processing can be indefinite, although usually resolved within 6 months. These delays cause great hardship for your operations, so it is advisable to maintain contingency plans to ensure the ongoing success of your operations.
Budget for an Increase in Immigration Spend
As RFE and denial rates are expected to increase to reflect those of the previous Trump Administration, expect rising costs associated with the visa process to combat government delays and requests. In addition, increases in costs associated with producing a higher level of documentation, whether that be through processes like document translation or from the cost
Conclusion
Moving forward through the next four years, it is important to understand how your global mobility operations will be impacted by a second Trump Administration. Understanding previous and proposed policies alongside preparing your hotel for delays, verifying up-to-date global mobility policies of your foreign workers, and maintaining consistent and accurate I-9 records will ensure the smooth operations of your hotel.
Mr. EvertThis article was co-authored by Theodore Evert. Theodore Evert is a Legal Assistant at Grzeca Law Group. With a focus in business immigration, Mr. Evert specializes in temporary work authorization including the L-1B, TN, and H-1B Classifications. He also assists with individuals seeking Permanent Residency through the PERM process. He emphasizes a client-first work ethic and strives for clear and concise communication to deliver the results that clients want to achieve. He also finds purpose in assisting Foreign Nationals further their career goals while working in the United States. Mr. Evert received a B.A. in Environmental Policy & Planning, Political Science, and Democracy & Justice Studies from the University of Wisconsin - Green Bay in 2022.
Mr. Grzeca
Jerome Grzeca, Managing Partner of Grzeca Law Group, S.C., has practiced business immigration law for thirty years in both Washington, D.C. and Milwaukee, Wisconsin. He has extensive experience providing legal services to the international business community for the hire and transfer of key personnel around the world. He has represented clients in the hospitality, healthcare, biotechnology, mining, energy, information technology, automotive, transportation logistics, architectural, professional services, academia and manufacturing industries, among others. Mr. Grzeca most recently served as Chair of AILA's DOS Liaison Committee. He is a past Director on the AILA Board of Governors and Chair of the Taskforce on Affiliate Programs (2009); Vice Chair of the DOS Liaison Committee (2009-2010); Executive Director Search Committee (2009); Department of State Liaison Committee (2007-2008); USCIS National Benefits Policy Liaison Committee (2005-2007); Chair of the Wisconsin Advocacy Committee (2005-present); Chair of the Nebraska Service Center (NSC) Liaison Committee (2004-2006); Wisconsin Chapter Chair and Chair of the Milwaukee Bar Association (Immigration and Nationality Section) (2001-2003). He is a seasoned speaker and author of a variety of topics relating to business immigration law, and has served on more than fifty professional panels, webinars and round-table discussions for businesses needing expertise in immigration matters.
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