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Visa Compliance 2025–2026: What Employers Must Know

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The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has been immune to those impacts, but the high-tech sector, which has long been reliant on foreign professional skilled workers, is particularly impacted. How will these changes affect the high-tech sector’s future?

What are Workplace Visas

H-2B Visa Program:

The H-2B visa program allows U.S. employers to temporarily employ nonimmigrant workers in non-agricultural jobs.

Using the first Trump administration as the measuring stick, we can expect the following developments to unfold for the remainder of 2025 and beyond:

 Increased Inspections of H-1B Worksites

The news has given extensive attention to the federal government’s increased ICE (Immigration and Customs Enforcement) raids to gather and deport undocumented workers, and we’ve also seen an uptick in audits of Form I-9s. The hi-tech sector rarely faces these kinds of issues since their workforce is mainly composed of highly skilled professionals within engineering, finance, and white-collar management.

Workplace Visas

The H-1B is the most common type of employment sponsorship leveraged within the hi-tech industry. Many hi-tech companies from large, publicly traded organizations to small start-ups hire H-1B workers. A majority of the H-1B sponsored workers are some of high-tech’s most critical engineers. With the U.S. adding 85,000 new H-1B employees to the workforce every year, there is no doubt this has been a valuable resource for high-tech employers that cannot find enough qualified U.S. workers to fulfill these roles.

F-1 and J-1 Student Visa: The most common visa for international students, requires proof of admission, financial stability, and intent to go back home after graduation. These student visa rules are subject to change under different administrations, impacting the eligibility and application process for international students.

Recent statements by Trump advisors Elon Musk and Vivek Ramaswamy, along with President Donald Trump himself, suggest the second Trump Administration may take a more favorable stance on H-1B visas compared to the “America First” approach of the past. This was initiated when Musk and Ramaswamy provided this flexibility option because they used the Visa program to gain citizenship.

Session Highlights: 

  • Learn what workplace restrictions are impacting Employers who count on Foreign workers to be competitive when it comes to technology, science, math, and engineering
  • Learn why some workers are critical of the Foreign workers’ sponsorship programs
  • Learn where the Birthright Citizenship Executive Order is being mitigated legally
  • Learn how the Visa process has impacted the workplace
  • Learn how workplace Visas are being changed or modified to only include advanced degrees to be selected
  • Learn which new updates will be in place in 2025 and 2026
  • Learn how Workplace Visas manages the lottery process to select eligible and qualified workers
  • Learn what the benefits are for Visa recipients
  • Learn how the lottery system has changed for 2025
  • Learn what the CAP program is and why it was terminated
  • Learn what Deferred Action for Childhood Arrivals (DACA) has been impacted by and what the status is
  • Learn how the Temporary Protected Status has now been terminated
  • Learn how Employers who have refugee workers have to accommodate the loss of these workers
  • Learn how to keep up to date on the Immigration guidelines that can impact Employers and employees

Why should you attend?

  • The current administration A new proclamation also added a significant $100,000 fee to certain H-1B employers starting.
  • In response to the new $100,000 fee for H-1B visas, companies initially scrambled to issue urgent guidance to employees and determine the policy’s scope amidst significant confusion.
  •  The Proclamation blames H-1B visa holders and unscrupulous employers for alleged exploitation of the H-1B program.
  • Foreign Student Visa Limits: The Department of Homeland Security (DHS) proposed a rule to limit the time certain visa holders, including foreign students, can remain in the U.S. without further screening to address potential visa abuse and safety risks
  • The Gold Card is a new immigration pathway created by a presidential executive order on September 19, 2025. Compliance depends on whether the applicant is an individual or a corporation.

Who should attend?

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • HR Professionals
  • Managers/Supervisors

Expert

 

Margie Faulk is a senior-level human resources professional with over 18 years of workplace compliance experience and HR consulting experience. A current Compliance Advisor for HR Compliance Solutions, LLC. Margie has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, and Non-profit sectors.  Margie’s new focus is to provide Employers and Professionals with risk management strategies to develop risk management strategies to mitigate workplace violations.

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