- Plan for delays in your hiring timeline for global talent, accounting for potential delays in visa processing, background checks, and security clearances. We could see via processing times increase in high-volume countries like India, China, and the Philippines.
Communicate realistic timelines to foreign talent candidates and other employees to manage expectations and ensure transparency about the process.
Stay informed of changes in processing times and additional vetting procedures announced by USCIS, DHS, or DOS to adjust plans accordingly.
The president has prioritized immigration enforcement, targeting both undocumented and legal entrants — especially at the southern border — citing national security and economic concerns as key policy drivers.
Key initiatives include mass deportations, stricter border controls, narrowed asylum eligibility, and enhanced vetting for all foreign nationals. Workplace enforcement will expand through E-Verify, increased employer scrutiny, and aggressive worksite audits.
These priorities significantly affect employers in sectors relying on foreign-born labor, such as agriculture, construction, hospitality, and retail. The heightened presence of U.S. Immigration and Customs Enforcement (ICE) personnel is creating anxiety, making strict compliance with Form I-9 procedures and accurate documentation essential to mitigate legal and operational risks.
The Executive Actions
Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats
This executive order directs agencies to maximize vetting and screening of all foreign nationals seeking admission to, or already in, the U.S., restoring “uniform baseline” standards. It strengthens measures to block individuals posing security threats, with heightened protocols for high-risk countries and programs. The order ensures a coordinated, consistent approach across federal agencies, enhancing national security while maintaining comprehensive screening and vetting procedures.
Protecting the American People Against Invasion
This action emphasizes that enforcing U.S. immigration laws is vital for national security and public safety. It prioritizes strict enforcement, directs the attorney general to explore halting federal funding to so-called sanctuary jurisdictions, and revokes prior policies on unauthorized entry. It also establishes Homeland Security Task Forces (HSTFs) nationwide, with the attorney general and secretary of Homeland Security jointly responsible for creating and overseeing HSTFs in every state.
Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States
This presidential proclamation, issued on Dec. 16, continued, expanded, and modified restrictions on the entry of foreign nationals from designated countries deemed to have “deficient screening and vetting information.” The proclamation fully or partially suspends immigrant and nonimmigrant entries of individuals from 39 countries and those traveling on Palestinian Authority-issued or endorsed documents. The restrictions took effect at 12:01 a.m. Eastern Time on Jan. 1, 2026, and are subject to periodic review. Like its predecessor, Proclamation 10949, issued on June 4, 2025, the proclamation does not invalidate current visas.
On Jan. 1, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum directing staff to place holds on all pending benefit applications covered by Presidential Proclamation 10998, conduct a comprehensive review of related policies and screening processes, and re-review benefit requests approved on or after Jan. 20, 2021.
Restriction on Entry of Certain Nonimmigrant Workers
On Sept. 19, 2025, the president issued a Proclamation restricting the entry of certain H-1B workers, effective Sept. 21, 2025. Under the Proclamation, new H-1B petitions for foreign nationals outside the U.S. must include a $100,000 payment, unless the Secretary of Homeland Security grants a rare national interest waiver. These waivers may cover a single employee, an entire company, or an industry. Following the Proclamation, key agencies issued initial guidance: USCIS released implementing instructions, the White House published an H-1B FAQ, and the Department of State and other agencies provided additional guidance.
Workplace Impact
These immigration priorities have far-reaching implications across the entire world of work —affecting employers, employees, and all aspects of workforce planning. The impact is particularly acute for employers in sectors that rely heavily on foreign-born labor, such as agriculture, construction, hospitality, and retail, but it also influences talent availability, workforce mobility, compliance obligations, and long-term workforce strategies across industries. Companies must ensure strict compliance with employment eligibility verification (Form I-9) procedures and maintain accurate documentation to mitigate legal and operational risks.
The Trump administration has also issued new guidance for visa interviews, restricted certain visas, and revoked Temporary Protected Status for people from multiple countries, potentially removing their legal work status. These measures disrupt workforce planning and increase uncertainty for employers and employees. Enhanced vetting may slow hiring and raise administrative burdens.
HR leaders must ensure compliance, update policies, and support affected workers, while industries should monitor developments as the administration intensifies immigration oversight and identity verification.
Action Items for Employers
Evaluate current and future talent needs to identify gaps that cannot be filled with domestic talent. Then decide which visa categories (e.g., H-1B, L-1, O-1, or green card sponsorship) best align with your goals. If your goals are to diversity your workforce, look into the J-1 Visa Program a cultural exchange program utilized by many U.S. companies.
Focus on retention by investing in long-term sponsorship strategies that help retain foreign national employees, such as transitioning from temporary visas to permanent residency.
SHRM will continue to advocate for legislative proposals that aim to modernize immigration systems, such as expanding employment-based visa categories or removing country caps.
- Regularly audit I-9 forms for discrepancies and provide ongoing training to HR teams on compliance and verification procedures.
Ensure visa applications, sponsorships, and employment practices comply with regulations, and promptly address any issues through re-verification or legal consultation.
Monitor updates from federal agencies (e.g., ICE and DHS) regarding changes to I-9 rules or temporary measures (such as remote verification policies).
Identify employees, candidates, interns, exchange visitors, and contractors who may be nationals of affected countries or rely on impacted visa categories. Assess risks related to visa renewals, onboarding, travel, and program continuity.
Develop contingency plans for role coverage, project timelines, and knowledge transfer if affected employees or participants are unable to travel or renew visas.
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Member Tools
Sample I-9 Audit Checklist: Form I-9 Violations to Look for and Correct
This downloadable sample checklist provides a starting point to help you identify errors on the Form I-9 during a routine internal audit.
CHECKLIST: Immigration (ICE) Workplace Visit Preparedness Plan
These tips will help your company get ready in case of any type of ICE visit.
Comprehensive I-9 Toolkit
SHRM’s I-9 toolkit is a powerful, members-only resource designed to help HR professionals stay compliant, audit-ready, and fine-free.
News & Updates
Employers should be moving from a reactive stance to a proactive one when preparing for immigration worksite enforcement, speakers said during a Feb. 19 SHRM webcast.
Experts believe that HR professionals should be prepared for an increase in worksite immigration enforcement, including the potential for workplace raids.
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