With the upcoming inauguration of President-elect Donald Trump on January 20, 2025, U.S. employers of foreign national engineers and other skilled professionals on nonimmigrant visas — such as H-1B and L-1 — should closely monitor the possibility of new or reinstated travel restrictions. Although concrete policies have yet to be announced, campaign statements and historical precedent suggest that significant immigration-related executive actions could occur early next year.
Background: The Prior Travel Bans and Their Impact
In 2017, soon after President Trump first assumed office, he issued a series of executive orders commonly referred to as “travel bans.” These orders initially targeted individuals from several predominantly Muslim countries, including Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The implementation of these bans was swift and resulted in substantial uncertainty, increased scrutiny of visa applications, extended administrative processing times and fluctuating country lists.
For businesses relying on international talent, the travel bans disrupted workforce planning and threatened critical project deadlines. Many employees found themselves stranded abroad, unable to return to their U.S.-based positions due to sudden rule changes or protracted visa wait times. These conditions forced many employers to reallocate projects, delay product launches and absorb unplanned costs.
Why the Concern Now?
During the campaign, President-elect Trump pledged immediate and sweeping immigration actions, reigniting concerns that new travel restrictions may soon be implemented. Although the specifics of any upcoming measures remain unclear, employers should proactively consider how these changes might affect their workforce. Employees traveling abroad around the inauguration — especially those from countries historically included in travel bans or those requiring new visas — may face enhanced scrutiny, prolonged processing times or bars to returning to the U.S.
Proactive Steps for Employers
Universities have already begun advising their international communities to return to the U.S. before the inauguration to avoid potential complications. Although these advisories target students and scholars, U.S. employers should heed the underlying message: Plan ahead, communicate and remain agile. By evaluating your workforce and travel plans now, you can mitigate potential disruptions.
If you have an international workforce, consider taking the follow steps to remain flexible and minimize risks:
- Assess Your International Workforce:
Identify critical projects, deadlines and roles dependent on foreign talent. Consider which employees are currently abroad or planning to travel over the holiday season and early January. Prioritize communication with these individuals so they fully understand potential risks and can make informed decisions about their travel. - Encourage Early Returns and Reduced Travel:
If possible, advise employees to complete any necessary international travel and return well before January 20, 2025. Reducing non-essential travel over the holiday period can help avoid sudden visa delays or processing bottlenecks if new restrictions come into effect. - Prepare Contingency Plans:
In the event that re-entry restrictions or enhanced vetting causes employee absences, develop backup plans. This might mean temporarily shifting workloads, extending remote work arrangements (if feasible and legally permissible) or assigning additional domestic staff to cover critical functions. - Coordinate with Immigration Counsel:
Now is the time to engage your immigration attorneys and advisors. They can help you navigate changes promptly, whether it’s clarifying documentation requirements, understanding new screening protocols or offering contingency strategies if your employees face difficulty re-entering the U.S.
Looking Ahead: Maintaining Talent Stability in Uncertain Times
The current uncertainty around potential travel bans and immigration reforms underscores the importance of proactive risk management for U.S. employers. These proactive steps can help you safeguard your business continuity and maintain the stability of your international talent pipeline.
If you need counsel regarding the potential impact of the new administration’s immigration policies, or any other immigration-related issues, please do not hesitate to reach out to Sarah Bileti or other members of Warner’s Immigration Practice Group.
