With changes to work visa processing times coming amid the tightening of immigration policies by the Trump administration, U.S.-based companies looking to hire international talent must plan proactively, immigration lawyers say. 

Amid rising deportation threats facing foreign nationals already working in the U.S. and greater scrutiny of visa applications from those seeking to enter the country under the new administration, some companies have advised employees with work visas or green cards to avoid unnecessary travel. Immigration lawyers say they also are starting to see tighter vetting around work authorizations and green card petitions. 

“The president signed a day-one executive order requiring maximum possible vetting and screening of all foreign nationals seeking admission to the United States, which is resulting in slower processing times, stricter policies, and increased enforcement,” said Amy Cococcia, a partner at New York-based law firm Fragomen, Del Rey, Bernsen & Loewy said in an email to CFO Dive.  “Immigration changes can be achieved swiftly, with little notice, through simple policy adjustments or memos, and do not always require formal regulatory changes to the law.”

New pressures

New procedural hurdles that could affect work visa petitions — regardless of category — include additional documentation requirements, in-depth interviews and extended background checks, which could contribute to longer wait times, said Cococcia. 

Government staffing cuts could also delay Department of Labor certifications for green card petitions, said Sang Shin, a partner at Houston-based law firm Jackson Walker. 

The pace of change is coming faster than has been typical in previous administrations and companies should plan accordingly, attorneys say.

“President Trump's 2.0 [administration] has come in swinging,” he said. “They already knew what they wanted and so already, from an employment perspective, we are starting to see heightened scrutiny in visa applications,” for all categories. 

Companies should be prepared to beef up explanations around why a role should be filled by a non-U.S. citizen, he said.

“He’s bringing back those ‘America first’ type of considerations," said Shin, in an interview, where he suggested companies could be asked to justify why a U.S. worker can’t be found to do the job in question.

H-1B visa program

Despite these constraints, lawyers say their clients are committed to moving forward with visa petitions this year, including the H-1B skilled worker visa program.

“I’ve never been so busy,” said Shin. “I received more requests to register H-1B visas this year than I have ever had.” 

Sophie Alcorn, founder and CEO of Mountain View, California-based Alcorn Immigration Law, told CFO Dive that the firm has seen an uptick in demand from businesses looking to hire international talent to meet specific needs across various fields, including healthcare, technology and finance.

The H1-B program — which has sparked heated debates — has been a key vehicle for U.S. firms to bring in international talent. President Trump has expressed support for the program, but nonetheless, employers seeking to make use of it may face new hurdles. 

The H1-B Modernization Rule, which took effect Jan. 17, introduces some stricter requirements, including “formally authorizing USCIS [United States Citizenship and Immigration Services] to conduct site visits at employer worksites, third-party locations, and even remote work addresses, including home offices,” said Cococcia. 

Tighter oversight and scrutiny of visa petitions is a reasonable expectation under the new administration, she suggested, noting that it could involve industry-specific approaches, higher wage requirements and the prioritization of highly-skilled positions.

“This oversight may result in stricter interpretation of ‘specialty occupations,’ heightened focus on prevailing wages, enhanced consular vetting of H-1B applicants at U.S. embassies and consulates, as well as increased requests for evidence and higher denial rates from United States Citizenship and Immigration Services,” said Cococcia.

At this stage, it’s unclear what changes the administration might pursue, said Shin. 

The congressionally mandated annual cap on H-1B visas currently stands at 65,000, along with an additional 20,000 visas allocated to individuals who earned a U.S. master’s degree or higher. Top employers that brought in talent under the program last year included Amazon, Infosys, Cognizant, Google and Tata Consultancy Services, among other tech giants, according to data from USCIS.

Consistent with the tech industry’s support for the program, Intuit CFO Sandeep Aujla warned against isolationism and defended the program, telling CFO Dive in a January interview that it allows the firm to continue to access global talent. 

Meanwhile, Jayesh Sanghrajka, CFO of Bengaluru, India–based global consulting and IT services company Infosys, said in a January earnings call that the company is reducing its reliance on H-1B visas to staff its U.S.-based team.

H-1B-independent workers now make up 60% of the company’s U.S. on-site team, he said on the call, noting that the company has built a “resilient model.”

A proactive approach

Immigration lawyers say companies need to think further in advance on staffing plans that involve international talent. 

“You have to be proactive instead of reactive in hiring foreign workers, and that means creating internal policies that you never have done before, addressing things way in advance,” said Shin. “If you're going to use a foreign pipeline, and you need that, planning up to a year in advance … is critical to do now, as opposed to later.”

Planning for specific visa petitions can stretch out six to seven months in advance to account for delays and complexities with the process, he noted.

Employees and employers should be prepared for processing delays, enhanced scrutiny of applications and limited visa appointment slots, said Cococcia. Some businesses are adopting as flexible an approach as possible to hiring, including filling skills gaps from abroad, she added.

Despite recent hurdles, immigration lawyers say companies are still likely to continue to look to visa programs to build their talent pipelines.

“Time and time again, companies have tried not [sponsoring visas] especially in certain fields,” Shin said. But he said they always end up sponsoring non-U.S. workers, because they're not finding the U.S. talent that they need.