It’s been just over five months since the new administration took office, and while things may appear calm on the surface, the undercurrents of change in U.S. immigration policy are already creating ripple effects.
In a recent LinkedIn Live, I shared my perspective as a board-certified immigration attorney on what HR leaders and legal ops teams need to know right now to stay compliant, informed, and prepared.
Present Policy Priorities: What’s Actually Changing (and What Isn’t)
Surprisingly, employment-based immigration has remained relatively stable so far. But don’t mistake silence for stagnation. The administration has made it clear where its focus lies:
- Renewed attention on removal orders and administratively closed cases.
- Asylum and humanitarian programs are still operational, though closely watched.
- Employment-based and family-based processes remain largely unaffected, for now.
- Visa stamping remains a gray area, with guidance still pending.
From what I’ve observed: “Trump 2.0 ≠ Trump 1.0.” While the faces and tone may differ, strategic enforcement priorities are surfacing.
Future Focus: In-Person Interviews and Social Media Scrutiny Are Increasing
If your employee’s LinkedIn doesn’t match their visa petition, you’ve got a problem.
Here are two trends I’m seeing that should have every HR department on alert:
- Social Media Monitoring: The Department of Homeland Security and USCIS are now actively screening social media, including LinkedIn, for inconsistencies and red flags, particularly around issues like terrorism or antisemitism.
- More In-Person Interviews: Even employment-based green card cases are seeing interview requests. Don’t be surprised if your foreign national employees get called in.
- Document Verification: USCIS has started requesting original signed documents in cases where only scans were previously accepted.
Action Step: Review and align public employee profiles with submitted documentation. Be audit-ready, always.
Leadership & Staffing Updates: Who’s Steering the Ship at USCIS?
The nomination of Joseph Edlow as Director of USCIS sends a clear message.
- He’s focused on reducing agency backlogs and limiting the broad use of parole programs.
- Compared to past directors, his alignment leans more toward Stephen Miller’s strict policy lens than a tech-forward modernization agenda.
As I put it during the session: “Less Elon, more Miller.”
Translation: Expect a measured but firm approach, with less automation and more scrutiny.
Best Practices for 2025 and Beyond
Whether you’re managing 10 or 50+ immigration cases, preparation is your best defense. Here’s how to stay ahead:
- Audit public-facing employee information to ensure consistency with filed immigration documents.
- Plan for interview logistics if your team members are called in by USCIS.
- Keep hard copies of original signed documents easily accessible.
- Engage a legal partner early to minimize errors and delays.
Need backup? My team at Nadalin Law offers on-call legal counsel to help HR teams respond to urgent questions, prep for interviews, and avoid compliance pitfalls.
Get in touch with Nadalin Law to schedule a consultation or learn more.
Final Word
The sky isn’t falling, but the system is watching more closely. If your documents are clean, your facts are right, and your employees are prepared, you’ll be fine. But this isn’t the time to coast.
For ongoing updates, bookmark the Nadalin Law LinkedIn page or join us for the next LinkedIn Live, where I’ll share real-time insights tailored to HR leaders navigating corporate immigration.
