Skip to Content

Impact of Immigration Enforcement on Employees and Employers

8 May

With renewed leadership under the Trump administration, U.S. immigration law and policy have once again shifted toward restriction, heightened enforcement, and increased scrutiny across nearly all immigration categories. While the scope and timing of specific changes continue to evolve, recent actions and policy signals provide insight into what employers and foreign nationals can expect. 

  • Border Security and Enforcement 

Border security and interior enforcement continue to be principal areas of focus. The administration has emphasized deterrence-based border initiatives, expanded interior enforcement authority, and broader removal priorities. As in prior Trump administration policies, enforcement efforts may extend beyond individuals with serious criminal histories to include those with prior removal orders or prolonged undocumented presence in the United States. 

  • Immigrant and Nonimmigrant Visa Travel Restrictions 

One of the most significant developments affecting employers and foreign nationals alike is the reintroduction and expansion of travel-related restrictions impacting both immigrant visa (IV) and nonimmigrant visa (NIV) applicants. Similar to prior travel bans, these measures may limit visa issuance and entry into the United States for nationals of designated countries. These restrictions can result in prolonged consular delays, heightened security screening, and uncertainty surrounding international travel.  

  • Immigrant Visas 

Beginning January 21, 2026, the U.S. State Department directed U.S. embassies and consulates to stop issuing new immigrant visas to applicants from 75 designated countries. Familybased, employmentbased, and diversity visa applicants are all affected, including those cases previously approved, but awaiting final issuance. Dual nationals applying with a passport from a nondesignated country are exempt.  

Additionally, nationals of 36 countries are subject to a suspension of immigrant visas and certain nonimmigrant visas under a twotier system. For 19 countries, the suspension applies to nearly all visa categories. For the remaining 17 countries, the suspension generally applies to immigrant visas and selected highvolume nonimmigrant categories, including visitor and student visas. 

  • Nonimmigrant Visas 

In line with broader immigration goals, nonimmigrant visa categories are again subject to heightened scrutiny. Employers may see increased Requests for Evidence, higher denial rates, and narrower interpretations of eligibility criteria across employment-based classifications such as H-1B, L-1, TN, O-1, and E visas. 

  • Termination of Temporary Protected Status (TPS) 

The administration has also moved to terminate or decline to extend certain Temporary Protected Status (TPS) designations. As TPS periods expire, affected individuals lose TPS-based employment authorization unless they independently qualify for another lawful status or work authorization. Employers must pay close attention to Employment Authorization Document (EAD) expiration dates and conduct timely reverification where required.  

  • What Employers Can Do 

Given the likelihood of continued immigration policy shifts, employers are encouraged to proactively assess immigration compliance and workforce planning strategies. Employers should monitor work authorization expiration dates, evaluate travel risks for foreign national employees, and prepare contingency plans for processing delays and employment interruptions. 

Working closely with immigration counsel will be critical to minimizing disruption and mitigating potential liability as new policies continue to emerge. 

For the latest alerts and guidance, please visit our website at www.fosterglobal.com or contact your Foster Global immigration professional with casespecific questions.