The evolving immigration landscape continues to impact employers, employees and global talent strategies. Recent policy shifts — from processing changes for H-4 and L-2 dependent applications to the termination of Haiti’s Temporary Protected Status — present new challenges for businesses navigating workforce planning. Here’s what employers need to know about the latest immigration developments and how they could affect hiring and retention strategies.
1. H-4 and L-2 Dependent Application Processing Changes
A significant change in how work authorization is processed for H-4 and L-2 dependents took effect after Jan. 18, 2025. Previously, under the Edakunni settlement agreement, U.S. Citizenship and Immigration Services (USCIS) was required to process dependent applications (Forms I-539 for status extensions and I-765 for work authorization) at the same time as the principal H-1B or L-1 petition (Form I-129). This practice, known as bundling, helped ensure that spouses and dependents received approval without long delays.
With the expiration of this agreement, USCIS is no longer required to process these applications together, meaning dependent approvals may now lag behind the principal’s approval by several months. Without this synchronized processing, H-4 and L-2 spouses may face employment gaps due to delays in work authorization approvals. Additionally, USCIS may reinstate prior policies requiring new biometrics appointments for each filing, further extending processing times. To minimize disruptions, employers should consider using premium processing where available to expedite dependent applications.
2. Visa Interview Waiver Eligibility Tightens
On Feb. 18, 2025, the U.S. Department of State (DOS) narrowed eligibility criteria for visa interview waivers, immediately impacting foreign nationals renewing visa stamps. The updated rules limit waivers to renewals in the same category for visas expiring within the past 12 months — a sharp reduction from the previous 48-month window.
This change has already resulted in drop box appointment cancellations and administrative processing delays, leaving many applicants uncertain about their visa renewal status. Employers should prepare for longer visa appointment wait times affecting international hires, renewals and business travel. Companies may need to adjust onboarding timelines and consider travel flexibility measures, such as refundable ticket options, while awaiting further consular guidance.
3. Increased TN Visa Denials in Mexico: Stricter Adjudications and Policy Updates for Employers
Since late 2023, U.S. employers hiring professionals from Mexico under the TN visa category have faced increasing challenges, with more visa denials reported across key industries like agriculture, food safety and automotive engineering. U.S. consulates in Mexico City, Guadalajara and Ciudad Juarez have been rejecting TN applications more frequently, often citing mismatches between job duties and TN visa requirements. The DOS attributes this shift to a recent effort to standardize visa decisions across consulates, as well as concerns over potential misuse of the TN visa by some employers. In response to employer concerns, the DOS is reviewing its TN visa standards, revising refusal letter templates to provide clearer explanations and updating guidance to ensure consistent decision-making. Notably, consular officers are now directed to use the Department of Labor’s O*NET database to evaluate whether a job meets TN visa requirements. Employers hiring under the TN visa program should carefully review job descriptions and qualifications to align with these evolving standards.
4. Termination of Haiti’s Temporary Protected Status (TPS)
On Feb. 1, 2025, DHS published a notice confirming that TPS for Venezuela under the 2023 designation will end on April 7, 2025, affecting approximately 350,000 recipients.
Similarly, on Feb. 20, 2025, DHS Secretary Kristi Noem announced that Haiti’s TPS designation will terminate on Aug. 3, 2025, requiring Haitian TPS beneficiaries to secure alternative work authorization before that date.
Employers must update Form I-9 records to reflect the revised TPS expiration dates and prepare for workforce disruptions as impacted employees lose work authorization unless they transition to another valid immigration status.
Given this shift, other TPS designations may also be subject to review, and employers should encourage affected workers to explore alternative visa options where possible. Legal challenges may arise over the timing and implementation of these terminations, so businesses should continue monitoring policy updates for potential injunctions or changes.
5. Injunction Against ICE Enforcement at Certain Places of Worship
A federal judge in Maryland recently blocked immigration enforcement actions at specific places of worship affiliated with Quakers, Cooperative Baptists and Sikhs. The injunction responds to the Trump administration’s rollback of a Biden-era policy that restricted ICE arrests in “sensitive locations,” including houses of worship.
While this ruling is limited to the religious organizations involved in the lawsuit, it signals potential legal challenges to broader immigration enforcement policies. Employers should monitor these developments, as increased enforcement in communities could have ripple effects on employees’ sense of security and willingness to engage in workforce programs.
What Employers Can Do Now
These developments emphasize the need for proactive immigration planning to minimize workforce disruptions.
With shifting immigration policies, staying ahead of these changes will help employers retain global talent, maintain compliance and reduce uncertainty for their workforce.
Stay informed with Warner’s immigration-related eAlerts. For immediate assistance with your immigration needs, please contact Sarah Bileti, Daniel Persinger, Christopher LeClair or any member of Warner’s Immigration Practice Group.
Article courtesy of Warner Norcross+Judd.
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