The return of Donald Trump to the U.S. presidency could have far-reaching consequences for employment-based immigration policies. Rooted in his “America First” philosophy, these changes are expected to prioritize American workers and national security, which could significantly impact how businesses recruit and retain international talent. This post explores key players in Trump cabinet, detailing anticipated reforms, their implications, and data to contextualize their significance.
Trump’s Picks
Kristi Noem – Secretary of Homeland Security
Trump has nominated Kristi Noem, the former Governor of South Dakota, to lead the Department of Homeland Security (DHS), which oversees immigration agencies such as U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). Noem has advocated for strong border enforcement, including deploying National Guard troops to curb illegal immigration.
Under her leadership, businesses may face increased audits of employment-based visa programs like H-1B, which accounted for over 400,000 workers in 2023, many of them in critical sectors such as technology. These audits, in addition to potential I-9 audits and PERM-related recruitment audits, could require companies to provide extensive documentation to prove compliance with legal and wage obligations. During Trump’s first term, H-1B denial rates rose from 6% in 2015 to 24% by 2018, highlighting how stricter scrutiny reshaped visa approvals. This trend could re-emerge, increasing administrative burdens for companies already grappling with talent shortages.
During Trump’s first term, H-1B denial rates rose from 6% in 2015 to 24% by 2018, highlighting how stricter scrutiny reshaped visa approvals. This trend could re-emerge, increasing administrative burdens for companies already grappling with talent shortages.
Tom Homan – Border Czar
Tom Homan, a former Acting Director of ICE, has been tapped as “Border Czar,” tasked with overseeing border security and immigration enforcement. Homan’s strong emphasis on compliance suggests that businesses employing individuals on non-dual intent visas, such as TN and E-2, will need to provide more comprehensive documentation to demonstrate that employees meet temporary visa requirements and have home ties. Non-dual intent visas require applicants to prove they intend to return to their home country after their authorized stay in the U.S.
The technology sector, heavily reliant on international workers, could encounter significant challenges due to consular processing delays and stricter adjudications, often involving additional reviews or security checks on applications. In 2021, foreign professionals accounted for over 60% of tech positions requiring advanced skills, many on H-1B visas. Heightened scrutiny risks making it increasingly difficult for companies to secure the skilled labor necessary for critical fields like artificial intelligence and cybersecurity.
Stephen Miller – Deputy Chief of Staff for Policy
Stephen Miller, a key architect of the Trump administration’s immigration policies, played a central role in shaping a more restrictive approach during Trump’s first term. His initiatives included tightening visa eligibility criteria, restricting asylum access, and implementing controversial measures like travel bans. These policies were designed to significantly reduce both legal and illegal immigration while emphasizing stricter enforcement of existing laws.
Miller’s return as Deputy Chief of Staff for Policy signals a likely revival of similar strategies aimed at curbing immigration benefits. For instance, revisiting wage-based H-1B requirements could prioritize higher-paying roles, effectively limiting visa approvals to senior-level professionals while excluding entry- and mid-level positions. This shift would disproportionately affect industries that rely on mid-tier talent, such as IT consulting and healthcare. Similarly, potential changes to the Optional Practical Training (OPT) and STEM OPT programs — which allow international students to work in the U.S. after graduation — could impose stricter eligibility requirements or shorten the duration of these programs, disrupting a key talent pipeline for STEM industries. Revisiting H-4 EAD benefits, which grant work authorization to the spouses of H-1B visa holders, could further deter foreign families from pursuing employment opportunities in the U.S., creating additional barriers for skilled workers.
Data from the Migration Policy Institute highlights the potential impact of these changes: 74% of H-1B visa holders work in STEM fields, with many earning salaries below the top wage tiers. If wage prioritization policies return, companies may need to adjust their hiring strategies to meet new requirements, leading to higher costs and reduced flexibility. Such measures could make it significantly harder for businesses to access the talent needed to compete in critical areas like IT, artificial intelligence, and healthcare, further straining an already tight labor market.
Rodney Scott – Commissioner of U.S. Customs and Border Protection
Rodney Scott, a former Chief of the U.S. Border Patrol, has been nominated as Commissioner of Customs and Border Protection (CBP). Known for his staunch approach to border enforcement, Scott’s leadership emphasizes strict adherence to immigration laws and bolstering physical and technological border security. His appointment is likely to bring intensified scrutiny of cross-border trade and immigration processes, particularly affecting industries that rely on foreign supply chains or international talent.
Scott’s history suggests a focus on expanding the use of advanced surveillance systems, such as drones and biometric entry/exit systems, to monitor border activities more effectively. These measures could lead to stricter enforcement of nonimmigrant visa compliance, particularly for industries dependent on seasonal workers under programs like H-2A and H-2B. Businesses may face additional compliance requirements, including documentation of employees’ immigration status and proof of adherence to labor regulations. This heightened oversight could create significant challenges for sectors like agriculture, hospitality, and construction, which rely heavily on foreign labor.
Caleb Vitello – Acting Director of Immigration and Customs Enforcement
Caleb Vitello, stepping into the role of Acting Director of Immigration and Customs Enforcement (ICE), is expected to further the administration’s aggressive enforcement agenda. Vitello’s approach emphasizes identifying and prosecuting visa fraud and holding employers accountable for unauthorized employment. Employers sponsoring foreign workers through programs such as the H-1B, L-1, and O-1 visas can anticipate an uptick in workplace raids, I-9 audits, and investigations into compliance with wage and labor laws.
The administration’s focus under Vitello could include expanding data-sharing initiatives between ICE and other federal agencies, such as the Department of Labor and USCIS, to identify potential discrepancies in employment records. Companies in industries such as tech, healthcare, and engineering — which employ a significant proportion of foreign workers — may need to invest in robust compliance systems to mitigate risks and avoid substantial penalties for violations.
Tony Salisbury – Deputy Homeland Security Advisor
Tony Salisbury has been selected as Deputy Homeland Security Advisor, a key position advising on immigration policies within the broader context of national security. Salisbury’s role is expected to involve coordination between agencies like DHS, ICE, and CBP to implement comprehensive immigration enforcement strategies. This may include revisiting Trump-era policies like the “Remain in Mexico” program and increasing the use of expedited removal processes for individuals deemed ineligible for asylum or other relief.
For businesses, Salisbury’s influence could extend to shaping policies that tighten eligibility for employment-based green cards and scrutinize pathways such as EB-2 and EB-3 visas. Employers may need to prepare for increased documentation requirements to prove that hiring foreign workers does not adversely affect U.S. labor market conditions. Additionally, stricter adjudication standards for PERM labor certifications could raise hurdles for businesses seeking to sponsor skilled foreign professionals for permanent residency.
Marco Rubio – Secretary of State
As Secretary of State, Marco Rubio could play a role in reinforcing restrictive employment-based immigration policies aligned with the administration’s broader objectives. Rubio could influence visa processing through measures aimed at increasing scrutiny for employment-based categories like H-1B, L-1, and E-3 visas. This might result in longer processing times, increased denial rates, and stricter compliance requirements for employers hiring foreign professionals.
The Bottom Line
With this group of appointees, the administration signals a shift toward stricter immigration policies and enforcement. Businesses relying on international talent should prepare for increased scrutiny, potential changes to key visa programs like H-1B and L-1, and a focus on compliance. Proactive planning and adaptability will be essential to navigate the evolving landscape efficiently.