Hiring internationally can offer businesses access to top global talent, which can – in turn – help companies grow, innovate and compete. However, in a political climate where immigration policy is changing rapidly, employers can be significantly impacted by a shifting legal landscape that can directly affect their hiring decisions. Under the current Trump administration, which has introduced a series of policy changes that have impacted employment-based immigration at nearly every level, tech companies, agricultural operations and several other businesses have been particularly impacted as a result.
Employers who rely on foreign nationals—whether through H-1B visas, L-1 transfers or green card sponsorship—must remain alert to the ongoing changes. Executive orders, administrative policy shifts and increased scrutiny of visa petitions have made the process of hiring internationally more complex and time-sensitive than ever before. What was routine a few years ago may now be a process riddled by delays, new documentation requirements and/or a higher likelihood of denial.
Adjusting on the fly
One of the most significant trends has been the tightening of adjudication standards by U.S. Citizenship and Immigration Services (USCIS). Petitions that might have once been approved with basic documentation are now subject to lengthy Requests for Evidence (RFEs), which can cause delays and uncertainty. In some cases, policy memos have redefined key terms like “specialty occupation,” narrowing the field of qualifying H-1B positions and adding to the risk of denial.
Meanwhile, executive orders related to national security and broader immigration policy have placed temporary bans on various categories of employment-based visas, disrupted consular processing and changed how foreign workers enter the United States. Even if these restrictions are lifted or modified, the constant state of flux can create planning challenges for employers and their HR departments.
To adapt, companies should work proactively with experienced immigration counsel. Legal teams can help employers monitor new policy developments, interpret their practical impact and work to ensure compliance with evolving rules. They can also assist with strategic planning, such as identifying alternative visa options, exploring remote work arrangements or developing global mobility solutions that account for travel and processing restrictions.
In this environment, flexibility and foresight are important. Policies may continue to change with little notice, but with the right legal support, businesses can continue to build strong, diverse teams and manage immigration risks effectively.
This information is not intended to constitute legal advice nor does it create an attorney-client relationship between Law Offices of Robert P. Gaffney and anyone else. This information is not intended to be used as a substitute for specific legal advice based on an individual or organization’s particular facts and circumstances, and it should not be considered as such.
