Published: February 25, 2025
Immigration plays a crucial role in stimulating the US economy, which relies on foreign workers filling open jobs and growing the labor force size.
In 2023, the Bureau of Labor Statistics (BLS) reported that approximately 18.6 percent of the foreign-born population participated in the US labor force. This encompasses documented and undocumented immigrants, refugees, and temporary residents.
Although prone to a myriad of challenges, current US employment-based visa pathways and policies have remained favorable for employers and immigrant workers. However, potential reforms can impact the eligibility criteria, application, process, and timelines at any time.
US immigration policies are unpredictable. Employers and foreign workers can expect changes under a new administration in 2025. As a result, staying informed and prepared is crucial to position yourself for success. We’ll explore what changes you can anticipate for employment-based visas and how to get ready effectively.
What Changes You Can Anticipate for Employment-Based Visas
Substantial shifts to immigration processes are likely as the new administration assumes office. Although it’s challenging to foresee what they will exactly implement, below are some of the possibilities to expect for employment-based immigration.
Processing changes
A more stringent screening process for visa applicants can be introduced to enhance national security. With this, employment-based green card applicants may experience increased scrutiny and longer processing times in their petitions.
Specifically, individuals remaining with the same employer and in their current role will likely experience more rigorous examinations in their visa renewals. Likewise, employment-based visa applications filed within the US require more time-consuming in-person interviews.
Updates to the H visa categories
Legislative or regulatory changes are likely to target the H visa categories. As H-1 B petitions become more intricate, wage requirements and legal fees may increase. These heightened costs can result in higher operational expenses for companies utilizing H-1B workers.
Another possibility is to limit the number of H-2A visas annually. This could eventually cause the decline of the H-2A visa program, which enables employers to hire foreign workers for seasonal or temporary agricultural jobs.
Stricter worksite investigations
Employers sponsoring foreign workers may experience heightened scrutiny in compliance and enforcement, which can affect their operations. For instance, there’s a proposal to make e-verify mandatory for all employers. Currently, it’s an optional program used for employment eligibility verification.
The Department of Labor will also likely conduct more investigations into suspected fraud. That includes issues associated with the misuse or falsification of labor-related visa applications. For instance, it may target employers who falsify employment records or applicants who misrepresent their eligibility to secure visas.
How to Prepare for Potential Employment-Based Visa Changes
Changes in employment-based visas can have unfavorable impacts on employers and foreign workers. You can proactively mitigate the negative consequences and maximize the likelihood of successful outcomes with thorough preparation. Consider these tips to get ready for the possible changes:
Be ready for processing delays
Processing times for employment-based visas may lengthen due to more stringent processing and stricter worksite enforcement. Therefore, filing your application as early as possible is a good idea to make allowances for potential delays.
Since the application process will include more demanding in-person interviews, familiarize yourself with common interview questions. Moreover, have all the required documentation in order and readily available.
Craft a strong visa application
Securing a US visa requires several steps. Since US immigration authorities rigorously examine applications, you must craft a strong one to boost your chances of getting a visa approval.
Ensure to research the specific qualifications associated with the employment-based visa category that best suits you. The expertise of an experienced immigration lawyer is highly advantageous in complying with the intricate and time-consuming nature of requirements.
Strengthen compliance measures
Besides staying informed on possible policy changes, employers must strengthen compliance measures. It’s time to examine the existing compliance processes, from visa sponsorship application to employment verification. They must ensure that all steps are thoroughly documented and adhere to current immigration policies.
Secure an Employment-Based Visa With ALG Lawyers
The demand for highly skilled foreign talents isn’t likely to diminish any time soon. With the right education and skills, you can be eligible to secure permanent residency in the US. However, the varying categories and specific requirements in employment-based visas make navigating this pathway challenging without a lawyer’s assistance.
Considering its complexities, getting legal guidance from a Los Angeles immigration lawyer is indispensable in ensuring your eligibility and exploring the category that best fits your circumstances. Our team at ALG Lawyers will assist you at every step of the application process. Connect with our law firm today to discuss your immigration concerns.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)