- 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 Executive Order
This EO concerns enhanced vetting and screening. It will identify all resources that may be used to ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible. Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, through the Assistant to the President for Homeland Security, a report identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries. Additionally, all visa programs will be evaluated to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States.
Workplace Impact
This will impact hiring processes. Enhanced vetting and screening of aliens seeking admission to the U.S. could impact the hiring process for businesses that employ foreign nationals. This might lead to longer processing times for visas and work permits, affecting the ability to hire international talent and potentially leading to workforce shortages in certain industries.
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).
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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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