Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website
Brian Calley President and Chief Executive Officer at Small Business Association of Michigan | Official website
The current immigration landscape is presenting new challenges for employers as recent policy changes impact workforce planning. Key developments include alterations in the processing of H-4 and L-2 dependent applications, tightened visa interview waiver eligibility, increased TN visa denials in Mexico, termination of Haiti's Temporary Protected Status (TPS), and a legal injunction against certain ICE enforcement actions.
As of January 18, 2025, U.S. Citizenship and Immigration Services (USCIS) is no longer required to process H-4 and L-2 dependent applications concurrently with principal H-1B or L-1 petitions. This change could result in employment gaps for spouses due to delays in work authorization approvals. Employers are advised to consider premium processing to mitigate these disruptions.
On February 18, 2025, the U.S. Department of State (DOS) revised visa interview waiver eligibility criteria, limiting waivers to renewals within 12 months instead of the previous 48-month window. This adjustment has led to appointment cancellations and processing delays affecting international hires and business travel.
Since late 2023, there has been an increase in TN visa denials for professionals from Mexico. The DOS attributes this trend to efforts to standardize decisions across consulates and concerns over potential misuse of the TN visa category. Employers are encouraged to align job descriptions with updated standards using the Department of Labor’s O*NET database.
Additionally, on February 20, 2025, DHS Secretary Kristi Noem announced that Haiti's TPS designation will end on August 3, 2025. Employers must update Form I-9 records accordingly and prepare for potential workforce disruptions unless affected employees transition to another valid status.
A federal judge in Maryland recently blocked ICE enforcement at specific places of worship affiliated with Quakers, Cooperative Baptists, and Sikhs. While limited in scope, this ruling may indicate future legal challenges to broader immigration enforcement policies.
Employers are urged to engage in proactive immigration planning amid these evolving policies to retain global talent and maintain compliance.
For more information or assistance with immigration needs, contact Warner Norcross+Judd's Immigration Practice Group members Sarah Bileti, Daniel Persinger, or Christopher LeClair.
Article courtesy of Warner Norcross+Judd.
Alerts Sign-up