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| 2 minute read

Navigating Immigration Uncertainty as a Mobility Leader

As the U.S. undergoes a leadership transition, global mobility leaders face a rapidly evolving immigration landscape. Proposed changes under the incoming Trump administration could have significant implications for foreign workers and the programs that support their mobility. 

Our discussion today is prompted by this article from HR Executive: Rely on foreign workers? 4 suggestions for HR leaders as Trump takes office.  We're sharing some of the key points from Kripa Upadhyay, who is Of Counsel at law firm Buchalter.

With the new administration, potential changes are likely to create some unique situations and circumstances for mobility leaders to navigate, such as:

  1. Phasing Out Critical Immigration Programs
    Programs like Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) are at risk of being reworked or phased out completely. Most corporate mobility programs don't involve moving undocumented immigrants, but in rare cases mobility leaders may have to support employees covered by these protections. If these programs disappear, affected employees may face challenges maintaining their work authorization and stability. 
  2. Longer Wait Times
    Government bandwidth for immigration administration may be reduced. If this happens, it could lead to longer wait times for all immigration programs. Companies must be prepared to navigate these disruptions.
  3. Barriers to Skilled Immigration
    Proposed increases in application fees, limitations on fee waivers, and suspensions in backlogged categories could delay or block access to visas for specialized talent. For mobility teams, this creates challenges in planning relocations and retaining critical employees, especially in high-skill industries like technology, healthcare, and finance.
  4. Revised Global Mobility Strategies
    Visa issues and extended consular processing delays may hinder the ability of employees to re-enter the U.S. after travel or relocation. Mobility teams might want to built out some contingency plans, such as nearshoring employees to Canada or Mexico or enabling remote work options through foreign subsidiaries.
  5. Policy Uncertainty and Workforce Morale
    Changes to policies may create anxiety among employees who rely on visa and immigration support from your company. Mobility teams will play a critical role in providing stability and ensuring workforce morale by addressing employee concerns with clarity and personalized support.

That's what mobility leaders could be dealing with over the next few years. If you don't have a plan in place already, you might want to look at these recommendations as part of your preparation.

  1. Review Compliance Practices
    Regularly look at your company's visa applications, sponsorship records, and compliance documentation. Work with legal counsel to preemptively address potential issues and streamline the application processes.
  2. Develop Contingency Plans
    Consider some backup strategies for employees impacted by visa delays or restrictions. This may include transitioning employees to international offices or setting up temporary remote work arrangements.
  3. Communicate
    Proactively communicate policy updates to employees, especially those directly affected by changes. Offer access to legal resources or immigration specialists for employees who need help. Similarly, keep hiring managers and recruiters aware of timeline challenges and delays.
  4. Build Your Network
    Collaborate with industry organizations, legal experts, and advocacy groups to share best practices. Working with mobility peers can help reduce uncertainty and help your company respond to your own unique talent challenges.  

Global mobility professionals are uniquely positioned to support companies. Relocation has a critical role in helping your stakeholders prepare for what might happen. This directly builds flexibility and resilience into your talent management. Focus on compliance, contingency planning, and employee well-being. Your company needs the stability and adaptability that mobility can offer. 

For even more information, consider joining Fragomen’s upcoming webcast (Immigration Policy Shift: What the Trump Administration Means for Global Companies and Talent) on January 23. This webinar will look at how policy changes may impact global companies and talent. 

Additional resources:

SHRM: Employers Face Looming Immigration Changes Under Trump Administration

EY: What Trump’s second term could mean for cross-border businesses

WERC: Key Actions Needed as U.S. Immigration Changes Loom

With Inauguration Day for President-elect Trump fast approaching, it is an understatement to say that U.S. immigration, especially in the context of employment of foreign workers, will change in ways that even we attorneys cannot fully fathom. Related: Read more about the presidential transition and expected impacts on HR. Any national election shines a bright light on undocumented immigration and border security; much less publicly discussed is the immigration policy plan put forth by senior members of the prior Trump administration that will dramatically impact business, human resources and employment-based immigration.

Tags

global mobility, immigration, 2025, changes, preparation, concerns, talent management, expatriates, foreign workers, disruption, foreign nationals, hr leaders, deportation, workplace raids, h-2a agricultural program, daca, increasing application fees