Employment-Based Visas and 2025 Executive Orders: Legal Challenges and Employer Strategies

On Jan. 20, 2025, President Trump issued a series of executive orders that imposed significant changes to the immigration system, affecting employers who rely on foreign talent. These orders include limiting birthright citizenship, reviewing trade agreements impacting TN visas, prioritizing American citizens in foreign policy, changing federal recognition of gender, enforcing immigration laws more strictly, rescinding Biden-era policies, and implementing extreme vetting and potential travel bans.

Employers must navigate these complex changes to ensure compliance and support their foreign employees. The new regulations pose challenges such as higher wage thresholds for H-1B visas, enhanced documentation for L-1 visas, and more rigorous background checks for EB-5 investor visas. Additionally, the increased scrutiny and delays in visa processing will impact various industries differently.

Listen as our expert panel guides counsel through the implications of these executive orders for employers. The panel will discuss best practices for adapting to the new regulations, supporting affected employees, and ensuring compliance with the latest immigration policies.

1. Understanding the January 2025 executive orders
   1. Summary of key provisions
   2. Objectives and rationale behind the orders
2. Implications for birthright citizenship
   1. Impact on employees with temporary visas
   2. Strategies for supporting affected families
3. Trade agreement reviews and TN visas
   1. Potential changes to TN visa eligibility
   2. Effects on industries relying on treaty-based visas
4. Prioritizing American citizens in foreign policy
   1. Increased scrutiny for employment-based visas
   2. Navigating challenges similar to Buy American Hire American policies
5. Gender recognition changes
   1. Impact on transgender and nonbinary noncitizens
   2. Employer strategies for compliance and support
6. Enhanced immigration law enforcement
   1. Effects on workers with existing work authorization
   2. Mitigating risks of disruptions for employers
7. Rescission of Biden-era policies
   1. Slower processing times and higher denial rates
   2. Adapting to reinstated administrative barriers
8. Extreme vetting and travel bans
   1. Increased scrutiny and delays for visa applicants
   2. Supporting employees from affected regions

The panel will review these and other key issues:

• What are the most significant legal challenges and hurdles facing employers due to the new executive orders?
• What are the primary visa options affected, and what are the new eligibility requirements?
• What compliance considerations and best practices should counsel keep in mind when adapting to the new regulations?