President Donald Trump’s second term came with radical immigration policies. While massive deportations have been quite common, there have also been significant changes to several work visa pathways.
These policies are impacting the operability of many U.S. businesses, either by rendering existing staff ineligible for their visa or making it more challenging to hire new ones. Therefore, human resources (HR) teams in U.S. companies must adapt to the new realities. One way to achieve this is by undergoing immigration training courses.
Understanding Trump’s New Immigration Policy and Its Impact on Hiring
President Donald Trump’s second term has seen a significant increase in the deportation of migrants to their home country or a safe third country. According to the US Homeland Security, the administration has deported over 400,000 people and targets over 600,000 before the end of the President’s first year in office. For context, President Biden deported 271,000 in the entirety of his 2024 fiscal year.
The increased efforts of U.S. Immigration and Customs Enforcement (ICE), bolstered by a series of executive orders, helped the deportations. ICE officials go into the street to arrest “illegal immigrants” in televised spectacles, often driving backlash from members of the public and rights groups.
Many of these deported immigrants play key roles in their organisations, which HR departments must try to fill. Recruiting for these roles may be challenging, particularly for those with a shortage of experts in the U.S.
There have also been changes to the requirements for work visas, particularly the H1-B pathway, which aids in hiring foreign workers. The government has proposed a tightening of what qualifies as a specialty occupation and a new $100,000 fee for new H1-B applications. Similar scrutinizations and additional requirements also apply to other work visas, such as the L-1 visa.
Why Legal Training Is Now Essential for HR Professionals
Taking an immigration law course can help HR teams handle the hiring challenges caused by President Donald Trump’s immigration policy in several ways.
- Increased Knowledge of Work Visas
Trained HR teams will understand the different work visa categories and be able to decide on one that suits their hiring needs. A basic understanding of U.S. work visas can also help assess foreign workers during the initial stages of an interview, ensuring their eligibility to work in the U.S. HR teams will understand the application timeline and complexities associated with the visa, allowing them to formulate effective hiring strategies.
- Documentary Knowledge
Legal training enables HR departments to identify documents that workers require to work legally in the U.S. They can ensure that these documents are accurate and the organisation is compliant with both immigration and labour laws. Documentation knowledge enables HR teams to educate workers on obtaining relevant records, allowing them to avoid legal violations.
- Regulatory Compliance
Regular training enables HR teams to adapt to dynamic regulations, potentially increasing organisational adherence. This is particularly important under President Trump’s administration, known for swift changes to immigration policies. Businesses would be able to adjust their operations to match these changes, ensuring optimal regulatory compliance.
- Responding to Immigration Enforcement
Adequate legal training can make HR teams respond appropriately to immigration raids. For example, they will know how to interact with the agents, ask for warrants and IDs, document the interaction, remind employees of their right to remain silent, and notify legal counsel.
By doing so, they protect workers from illegal arrests and foster a safe working environment. It also ensures that they lose fewer workers, which won’t overburden their hiring practices.
Training HR Teams: Strategies, Tips, and Available Legal Courses
Businesses can enrol their HR teams in certified HR courses. They can check organisations such as the Society for Human Resource Management (SHRM) or the American Immigration Lawyers Association (AILA) for available courses. Universities or law schools may also offer short-term business immigration courses.
Examples of available legal courses or seminars for HR teams include:
- SHRM U.S. Employment Immigration Specialty Credential
- Global Hiring: Complying with US Immigration Law
- Employment-Based Green Card Step-by-Step for Employers
Role of Immigration Attorneys in Training HR Teams
For personalised solutions, businesses can hire an immigration attorney to train their HR teams in immigration compliance. These trainings are tailored to each organisation’s hiring needs and will update the HR teams on the latest executive orders, visa reforms, and other essential immigration information.
Attorneys can provide HR teams with resources that allow them to access the latest immigration policies and provide guidance to adapt to these changes. They will oversee the application process for different work visa types, thereby increasing the chance of success. An attorney can also represent the business in its cases with the U.S. government.
Immigration lawyers can provide tips on interviewing foreign workers. They can educate HR teams on how to ensure their hires meet government requirements. Attorneys can assist HR teams in developing an effective strategy to consistently hire foreign workers without violating immigration laws.
Conclusion
President Donald Trump’s radical immigration policies have made it vital for HR teams to have adequate knowledge of immigration laws. Essential legal training enables them to hire better and manage their existing employees effectively, facilitating the smooth operation of the enterprise.
Many corporate immigration legal courses exist, and it is also imperative to take personalised training from a trained U.S. immigration lawyer.
Beyond legal training, businesses should also ensure that they have qualified immigration counsel to support them throughout their process. An attorney will work with the HR teams to provide advisory services and offer additional support, including visa applications, document review, audits, and legal representation.
These steps can help HR teams to be better equipped to respond to changing immigration policies, such that they have minimal or no impact on their staffing, recruitment timelines, or the overall continuity of business operations.
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