President Trump’s Executive Order: “INITIAL RESCISSIONS OF HARMFUL EXECUTIVE ORDERS AND ACTIONS”
Issued on January 20, 2025, President Trump’s Executive Order represents a significant policy shift, rolling back 78 executive actions from the prior administration. The rescissions focus on national security, immigration compliance, and humanitarian considerations. Of particular concern to employers and foreign nationals, two of these rescinded orders directly impact employment and STEM immigration programs, potentially creating ripple effects across industries reliant on skilled foreign talent.
Key Provisions and Expected Outcomes
1. Disruption of Immigration System Reforms
The rescinded measures had aimed to address inefficiencies in U.S. immigration processes, including efforts to reduce visa backlogs and streamline adjudications. Reversing these reforms is expected to have far-reaching consequences.
- Impact on Visa Backlogs: Processing times for employment-based visas (e.g., EB-2, EB-3) and family-sponsored visas are likely to worsen, exacerbating existing backlogs.
- Employer Compliance Challenges: Increased delays and inefficiencies may create additional compliance burdens for employers sponsoring foreign workers.
Rescinded Reference:
EO 14012 Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, Section 3(a)(i): “…the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall…Identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers….”
2. Disruption in STEM Talent Acquisition
The revocation of targeted initiatives for STEM talent, particularly in AI fields, complicates recruitment and retention of foreign professionals.
- Barriers to Talent Recruitment: Special visa categories, expedited processing pathways, and global outreach programs to attract AI and STEM professionals have been rescinded.
- Increased Competitive Pressure: Companies may struggle to attract top talent, as existing backlogs and delays disincentivize foreign professionals from pursuing U.S. opportunities.
Rescinded Reference:
EO 14110 Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, Section 5.1(c)(ii): “…the Secretary of State shall…Establish and increase connections with that talent to educate them on opportunities and resources for research and employment in the United States, including overseas educational components to inform top STEM talent of nonimmigrant and immigrant visa options and potential expedited adjudication of their visa petitions and applications.”
Preventative and Actionable Measures for Employers
To mitigate the impacts of these policy changes, U.S. employers should adopt proactive and strategic measures to maintain compliance and ensure access to foreign talent.
1. Proactive Compliance
- Regular Audits: Conduct regular reviews of employment eligibility (e.g., I-9 forms) to ensure compliance with federal immigration laws.
- Policy Awareness: Partner with experts, such as USILAW, to stay informed about ongoing policy changes and regulatory requirements.
2. Scenario Planning
- Contingency Workforce Strategies: Develop plans to address potential disruptions in workforce availability, including diversifying recruitment strategies and preparing for visa delays.
3. Optimize Internal Processes
- Streamlined Visa Sponsorships: Establish clear internal timelines and protocols for visa sponsorships to minimize disruptions caused by processing delays.
4. Prepare for Alternate Pathways
- Leverage Other Visa Categories: Focus on utilizing visa categories that remain viable, such as:
- O-1 Visas: For individuals with extraordinary ability.
- EB-2 National Interest Waivers (NIW): For individuals whose work is in the national interest.
- International Expansion or Near Shoring: Consider a more global workforce solutions with offices in nearby jurisdictions with more favorable immigration policies.
Contributed by Ciara Melville, Anthony Waddell, Nan Park