Trump win may result in significant policy changes for noncitizen employees

President-elect Trump ran on immigration reform. It was a cornerstone of his campaign. By all accounts, the new administration will be cracking down on undocumented employees and may roll back the ability for employers to hire noncitizens. Employers should be aware now of the possible changes that lie ahead and proactively address the potential changes immediately.

What’s past is prologue

Although Trump version 2.0 has promised a more robust anti-immigration policy, much can be learned from his previous administration. During his first term, the president-elect imposed bans on travel from certain countries.

Travel bans pose two problems for employers: It means certain potential employees from banned countries cannot come to the United States, and employees in the United States cannot leave for personal or business reasons because they may not be able to return. There are waivers available, but a waiver is not a guarantee the employee will be able to return after leaving the United States.

Many employers rely on employees with an H-1B visa. An H-1B is a visa in the United States that allows U.S. employers to employ foreign workers in specialty occupations. Under the first Trump administration, the definition of what education correlated with a specific work title was more narrowly construed. Thus, it was more difficult for employers to bring in employees from other countries with H-1B visas. Employers would often hire consultants to assist in the visa process to show the nexus between the degree and the specialty occupation.