Images of the newly re-elected president signing numerous executive orders have been seen worldwide. Many of these orders directly address immigration policies, signaling significant impacts on the employment landscape. This will affect both international workers and domestic companies. How will these changes influence the recruitment of international talent? Is the American Dream still accessible for those looking to build their careers in the US?
Recent developments in US immigration policy
Five executive orders on immigration were enacted immediately. The first significant change came with the malfunction of the "CBP One" app, which is used to schedule asylum appointments. Its unexpected shutdown dismayed many who had appointments on the day it stopped working. Another controversial action is the revision of birthright citizenship, aiming to end automatic citizenship for children born in the US to undocumented immigrants. This decree faced immediate legal challenges; on January 23, a federal court in Washington issued a temporary restraining order, valid for 14 days, to halt the enforcement of this measure. Six other courts are currently considering similar legal actions.
Additionally, a national emergency has been declared at the U.S.-Mexico border, with enhanced border controls now in effect. Businesses operating near the border can expect stricter scrutiny of their employment practices. The "Remain in Mexico" policy, which requires asylum seekers to wait in Mexico while their claims are processed, has been reinstated to curb expatriations. Lastly, the latest decree designates Mexican criminal cartels as terrorist organizations, intensifying the US stance against these groups.
Implications for the job market and recruitment of foreign talent
The tightening of employment verification procedures at companies near the Mexican border may soon expand across the entire nation. Advocates for stricter regulations are pushing to make E-Verify mandatory for all employers. E-Verify is an online system that enables employers to verify the work authorization of new hires. By entering information from the employee's Form I-9 (employment eligibility verification form) into the E-Verify website, employers can quickly receive government confirmation of the employee's eligibility to work. However, national implementation of E-Verify would require significant time and resources, and currently, it is not mandatory.
Further impacting foreign recruitment, the Trump administration has announced more stringent screenings for visa officers. These tougher measures could lead to increased waiting times and more stringent conditions for visa issuance, directly affecting the recruitment of foreign talent and their entry into the US job market.
Future of the H-1B Visa program
The H-1B visa, a popular temporary permit for skilled foreign workers, may soon undergo significant changes. Advocates for the visa, including prominent figures like Elon Musk, are pushing to increase the current annual cap of 85,000 visas to allow more qualified foreigners to work in the US Conversely, some Republicans, such as Steve Bannon, are campaigning for the complete elimination of the H-1B program.
Despite a noticeable decline in applications in 2024, the H-1B visa continues to be a cornerstone for hiring in the tech industry. Critical roles such as cybersecurity experts, data scientists, blockchain developers, and AI engineers frequently depend on this visa for recruiting foreign talent. In a surprising turn of events on December 28, President Trump expressed support for the potential of H-1B visas, despite previous attempts to abolish the program at the end of his first term. However, this stance is not universally shared within his party, highlighting ongoing debates over the future of this key immigration tool.
Potential changes to visa programs under the USMCA
During his campaign, Donald Trump hinted at the possibility of withdrawing from the United States-Mexico-Canada Agreement (USMCA), which encompasses trade relations, including labor, environmental, and digital aspects. While an immediate withdrawal by the United States seems unlikely, the ongoing uncertainty has raised concerns among employers, especially in the agriculture and livestock sectors. Visas such as the H-2A for agricultural workers, H-2B for non-agricultural workers, and TN visas for Mexicans and Canadians could be directly affected by a US exit from the USMCA. These sectors rely heavily on foreign labor, and any changes to the agreement could have significant repercussions. Currently, the US plans to review the USMCA in 2026, leaving the future of these visa programs in a state of anticipation.
Prospects for pursuing international careers in the US
Should foreign talents be concerned about their prospects in the US? Recruitment agencies suggest there is less cause for worry for those who are highly qualified, particularly in sectors with high demand such as technology. These industries continue to hire, and their recruitment strategies are evolving alongside innovations such as AI, independent of political changes.
However, other experts offer a more cautious outlook. While pursuing a career in the United States remains possible, the process may become lengthier and more restrictive. Critics point out that US immigration was already challenging before Trump's return to office, and his policies could lead to increased visa fees, tighter restrictions on who qualifies for visas, and reduced quotas. These changes could adversely affect the US economy, which relies significantly on foreign labor in several large sectors.
Moreover, while the US has historically benefited from its inherent appeal to international workers, overly stringent immigration policies could diminish its attractiveness. There is a concern that tightening immigration rules may not only hinder the entry of highly qualified talent but could also deter them from considering the US as a destination for their careers.
