U.S. Employment-Based Immigration

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WERC’s U.S. Employment-Based Immigration for Talent Mobility Course gives you the essential foundational knowledge to navigate this complex landscape. Learn the terminology, workforce planning factors, and employment-based visa options that can shape your company’s talent mobility decisions and your role in them.

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Updates As Of 2 January 2026

As the Trump administration implements changes related to employment-based immigration in the United States, WERC is supporting talent mobility professionals in navigating the changing landscape and equipping them to support their companies and transferees.

Below is a range of information and resources compiled by WERC and its volunteer members to help talent mobility professionals navigate the ongoing and potential changes related to employment-based immigration. These resources will be regularly updated as events unfold and/or as additional items are available.

Note: All information included below is for informational purposes only and should not be considered as legal advice or guidance. Please consult with an immigration and/or other applicable counsel for any legal or compliance questions or guidance. Additionally, information on this page may change post-publication, as events related to U.S. employment-based immigration are rapidly evolving, and users are encouraged to independently confirm the current status of items below as applicable.

Questions? Contact Mike Jackson, WERC’s vice president of public policy and research.

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Immigration-Related Items:

Part I: Executive Orders

Executive Action

Date

Description

Status

Revocation of Biden-Administration Executive Orders

20 January 2025

Executive order revoked myriad executive orders and presidential actions signed during the Biden administration, including Executive Order (EO) 14012, EO 13993, and EO 14110.

In effect as of 20 January 2025

Travel Ban

20 January 2025 – Executive Order

 

4 June 2025 – Presidential Memorandum

16 December 2025 – Presidential Proclamation

Executive order authorizes “travel ban” reinstatement by no later than 21 March. Actions to be taken include:

  1. Identifying countries where “vetting and screening information is so deficient as to warrant a partial or full suspension on admissions of nationals from those countries.”
  1. Determining if any individuals who entered or were admitted into the U.S. since the end of the first Trump administration in 2021 need to be excluded from admission and be removed from the country.
On 4 June, President Trump signed a memorandum restricting the ability of foreign nationals from 19 countries from being admitted entry into the United States effective 9 June.  Twelve countries—Afghanistan, Chad, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Myanmar, the Republic of Congo, Somalia, Sudan, and Yemen—have prohibitions on the entry of immigrant and nonimmigrant visa holders. For seven countries— Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela—prohibitions for entries for immigrant visa holders and individuals with B, F, M, and J nonimmigrant visas were enacted, and the validity for any other nonimmigrant visas will be reduced to minimum duration permitted by law.

Enacted for 19 countries effective on 9 June 2025. 

On 27 November 2025, USCIS Director Joe Edlow announced that U.S. President Trump had ordered a “full-scale, rigorous reexamination of every Green Card holder from ‘every country of concern.’” Edlow later indicated that the countries in question were the 19 countries identified within the June executive order.  Additional details on what this might involve were still pending as of 28 November 2025.

List of impacted countries was updated via presidential proclamation on 16 December 2025, with an effective date of 1 January 2026.

Enhanced Vetting

20 January 2025

Executive order requiring the updating, no later than by 19 February of the “regulations, policies, procedures, and provisions of the Foreign Affairs Manual (FAM) regarding grounds for inadmissibility…to ensure the continued safety and security of the American people and our constitutional republic.”

Formal updates of the FAM are still ongoing as of 2 January 2026, but various elemental components are being updated as needed on a case-by-case basis. Talent mobility practitioners have noted cases of individual candidates receiving additional scrutiny by consulates and agencies since the EO was signed.

Additionally, multiple media reports have covered instances of foreign nationals being denied entry by U.S. Customs and Border Protection, with numerous of these cases involving issues such as past denials, inconsistent information in documentation, and/or information flagged in social media and/or electronic device reviews.

Visa Category Reviews

20 January 2025

EO requiring review, to be done by no later than 19 February, of all visa programs to “ensure they are not used by foreign nation-states or other hostile actors to harm the security, political, cultural, or other national interests of the United States.”

Still officially ongoing as of 2 January 2026

Potential Actions Against Foreign Nationals

20 January 2025

Executive order requiring identified agencies to provide recommendations by 19 February on how to “protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental Constitutional rights of the American people, including but not limited to, our Citizen’s rights to freedom of speech and the free exercise of religion protected by the First Amendment, who preach or call for sectarian violence, the overthrow or replacement of the culture on which our Constitutional Republic stands, or who provide aid, advocacy, or support for foreign terrorists.”

Additionally, a 29 January 2025 executive order related to combating antisemitism

Actions taken in relation to this EO include, but are not limited to:

  • Launch of the Department of State’s “Catch and Revoke” program in early March. At launch, the program was primarily intended to focus on actions around individuals in violation of the president’s antisemitism EO (see more below) but subsequently expanded to also include students with records of activity in the National Crime Information Center (NCIC). Over 1,800 students were reported to have had their statuses terminated in the SEVIS system by late April, and over 100 associated lawsuits had been filed in U.S. courts. 

    On 25 April, the U.S. government indicated that it would be reinstating SEVIS statuses and pausing further SEVIS-related actions based solely on NCIC findings while U.S. Immigration and Customs Enforcement (ICE) developed and implemented a policy and framework around SEVIS record terminations. No timeline has been released by ICE for when this will be completed.

  • A three-week pause in the scheduling of new F, M, and J visa appointments in order to implement new enhanced social media vetting for all F, M, and J visa applicants. The pause ended on 18 June with the Department of State announcing new requirements and processes for consular officials to conduct social media checks for all F, M, and J applicants during their visa appointment adjudication.

  • Planned additions of collection fields on USCIS forms to obtain social media handles of foreign nationals that have been used in the last five years. Previously, the collection of social media handles had been done only with the Department of State as part of the completion of a DS-160 or DS-160 Nonimmigrant/Immigrant Visa Application. However, during 2025, USCIS updated several of its forms to require inclusion of additional required fields, including social media handles.  Additionally, DHS has indicated in the Federal Register that similar changes will likely be forthcoming in 2026 for individuals seeking visa waiver admission authorization via the ESTA program.

  • Ramped up communications by agencies, including the U.S. Department of State, related to the screening of foreign nationals throughout their time in the United States.

In December 2025, the U.S. State Department indicated that the Trump administration has revoked over 8,000 international student visas during the year.

 

Combating Anti-Semitism

29 January 2025

Executive order requires agencies to provide “recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) so that such institutions may monitor for and report activities by alien students and staff relevant to those grounds and for ensuring that such reports about aliens lead, as appropriate and consistent with applicable law, to investigations and, if warranted, actions to remove such aliens.”

Starting in February, media reports indicated cases where international students were starting to have visa cancellations due to participation in protests related to the Israeli-Palestinian conflict.

In early March, Axios reported that the U.S. State Department launched its “Catch and Revoke” program to cancel the visas of foreign nationals who appear to support Hamas or other designated terror groups.” Actions related to this program have primarily involved students and reportedly leverage artificial intelligence tools to search the social media profiles of visa holders.

While SEVIS-related actions related to international students based solely on NCIC findings were halted in late April (see more above), media reports indicate that actions pertaining to students related to the EO remain ongoing. Numerous legal cases are ongoing involving actions related to this EO.

Birthright Citizenship

20 January 2025

Executive order that restricts eligibility for birthright citizenship under the 14th Amendment to exclude individuals whose mother is a foreign national either unlawfully in the United States at the time of birth or lawfully admitted into the United States on a temporary nonimmigrant visa. Government agencies are prohibited from issuing documents to excluded individuals confirming U.S. citizenship or recognizing documents issued by state, local, or other entities. This EO would apply to individuals born after 19 February 2025.

Implementation paused due to injunctions resulting from pending litigation.

After the EO was signed, Attorneys General from 22 U.S. states filed lawsuits in federal district courts challenging the legality of the executive order.

Multiple federal judges have placed injunctions on the implementation. This includes a nationwide indefinite hold issued by a U.S. District Judge on 6 February 2025.

On 13 March 2025, the Trump administration requested the U.S. Supreme Court to review and restrict the scope of injunctions blocking enforcement. On 17 April 2025, the U.S. Supreme Court  heard oral arguments on the government’s request to allow implementation of the EO on 15 May. On 27 June 2025, the Supreme Court released a 6-3 ruling restricting the applicability of nationwide injunctions by federal courts but did not rule on the merits of the EO.

On 28 September 2025, the Trump administration asked the U.S. Supreme Court for expedited review of the birthright citizenship executive order by summer 2026. Potential action on this request by the Supreme Court could be announced as soon as early 2026. 

U.S. Refugee Program

20 January 2025

Executive order ordering the suspension of the U.S. Refugee Admissions Program (USRAP) for up to 90 days, effective from 27 January 2025 at 12:01 a.m. ET. USRAP will only resume after review by the Department of Homeland Security and Department of State and submission of reports on whether to restart the program based on national interests. The program will continue to be reviewed every 90 days until the president determines “that resumption of the USRAP is in the interests of the United States.”

As of 28 November 2025, the USRAP program remains largely suspended for anyone that would have received status under the program on or after 20 January 2025.

On 24 November 2025, media reports indicated that USCIS was ordering the re-review of the cases of approximately 233,000 individuals admitted in refugee status during the Biden administration.  This action also involved the pausing of the processing of I-485 petitions for refugees admitted during the Biden administration pending outcome of the re-reviews.

Multiple cases have been filed and are going related to the refugee program. The 9th Circuit Court of Appeals ruled on 25 March that individuals conditionally approved by USCIS prior to 20 January must still be processed and admitted while litigation continues.

Multiple lawsuits have been filed related to the executive order and the U.S. State Department’s associated blocking of funding for refugee resettlement, and cases are ongoing.

Foreign Policy

20 January 2025

Executive order requiring the U.S. Secretary of State to review and issue guidance to bring “the Department of State’s policies, programs, personnel, and operations in line with an America First foreign policy, which puts America and its interests first.”

On 14 March, the State Department published a determination in the Federal Register that “all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the borders of the United States, constitute a foreign affairs function of the United States under the Administrative Procedure Act, 5 U.S.C. 553, 554.” If this remains in effect, this would enable the Trump administration to enact a range of changes related to immigration (including employment-based), trade, and tariffs, without the need to follow the normal notice-and-comment rulemaking process and consideration of public comments before issuing regulatory rules.

On 12 February, President Trump signed an executive order indicating that “officers or employees charged with implementing the foreign policy of the United States must under Article II do so under the direction and authority of the President.” The EO also launches reforms of the Foreign Service and the “administration of foreign relations to ensure faithful and effective implementation of the President’s foreign policy agenda.”

Border Security – National Emergency

20 January 2025

Executive order declaring a national emergency at the Southern border pursuant to the National Emergencies Act. The declaration includes a range of actions, including deployment of the U.S. military to the Southern border and creation of new physical border barriers along the southern border. Ongoing as of 2 January 2026

Border Security – Military Priorities and Planning

20 January 2025

Executive order ensuring that the U.S. Armed Forces “prioritize the protection of the sovereignty and territorial integrity of the United States along our national borders,” and launching military processes to create and implement plans to deploy Armed Forces personnel to “seal the border” and repel “forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”

Ongoing as of 2 January 2026

Border Security – Designation of Cartels as Terrorist Organizations

20 January 2025

Executive Order declaring various cartels and other transnational organizations as terrorist organizations, with review of potential organizations and operational preparations to occur within 14 days.

On 20 February 2025, the Department of State published notice in the Federal Register identifying Tren de Aragua, Mara Salvatrucha, Cartel de Sinaloa, Cartel de Jalisco Nueva Generacion, Carteles Unidos, Cartel del Noreste, Cartel del Golfo, and La Nueva Familia Michoacana as foreign terrorist organizations pursuant to INA Section 219. Numerous additional organizations have been designated and added to the list during 2025, and the current list can be accessed here.

Restriction on Entry of Certain Nonimmigrant Workers (Note - H-1B Visa-Related) 19 September 2025

Proclamation signed by U.S. President Donald Trump on 19 September implementing a $100,000 USD fee on new H-1B petitions, among other H-1B-related actions. 

More information from WERC on this proclamation can be found here.

Proclamation signed by U.S. President Donald Trump on 19 September implementing a $100,000 USD fee on new H-1B petitions, among other H-1B-related actions. 

More information from WERC on this proclamation can be found here.

The Gold Card

19 September 2025

Executive order signed by President Trump on 19 September 2025 authorizing the establishment of the Trump Gold Card that will create an eligibility pathway for a U.S. immigrant visa for individuals for whom an unrestricted gift is paid to the U.S. Government ($1 million USD in the case of an individual providing gift and $2 million USD in the case of companies providing gift on behalf of an individual. 

With submission of the gift, the EO stipulates that the Departments of State and Homeland Security would treat the gift as evidence of exceptional business ability and national benefit and of eligibility for a national interest waiver under statues within 8 U.S.C. 1153(b).

EO requires Commerce, State, and Homeland Security Departments to determine pathway and “take all necessary and appropriate steps to implement the Gold Card program” within 90 days.

In November 2025, USCIS submitted to OMB a draft I-140G form to be used in conjunction with applications for the Gold Card program. Additional steps are anticipated before the end of the year related to the Gold Card by various agencies.

Part II: Immigration-Related Agency Actions

Agency Action

Date

Description

Status

ICE Actions at Sensitive Locations – Department of Homeland Security

21 January 2025

DHS rescinding of Biden administration-era guidelines related to ICE action restrictions at “sensitive” areas such as schools, hospitals, and churches.

Media reports have indicated subsequent ICE raids have occurred at areas previously deemed sensitive areas.

Temporary Protected Status for VenezuelaDepartment of Homeland Security

5 February 2025

DHS published a notice in the Federal Register terminating the 2023 designation of Temporary Protected Status for Venezuela effective on 7 April 2025. This step was preceded by DHS Secretary Kristi Noem suspending a Biden administration decision to extend the 2023 TPS designation past its current expiration in April.

The action does not impact the separate 2021 TPS designation for Venezuela, which remains active until its current expiration in September 2025.

On 6 June, USCIS announced on its website that work authorizations for most of this group expired on 2 April with no expiration period. A portion of individuals that had received employment documents with the October 2026 date prior to 5 February are permitted to maintain their employment authorization status pending the outcome of ongoing litigation.  This remains in effect as of 28 November 2025.

Interview Waiver (Drop Box) UpdatesDepartment of State

18 September 2025 (Updated)

25 July 2025 (Updated)

 

18 February 2025 (Original)

DOS updated parameters under which a foreign national can be eligible for a waiver of the in-person nonimmigrant visa interview.

On 25 July 2025, DOS announced that most nonimmigrant visa applicants would be required to do an in-person interview with a consular officer effective 2 September 2025. Classes still eligible for a potential interview waiver include most diplomatic, international organization, and foreign military visa applicants and individuals renewing a full validity B-1, B-2, B-1/B-2 visa or a Border Crossing Card/Foil within 12 months of the prior visa’s expiration and that meet certain additional criteria.

On 18 September 2025, the Department announced the changes above would become effective 1 October 2025.  In addition to the classes noted above eligible for a waiver, the Department of State added individuals renewing H-2A temporary agricultural visas within 12 months of the prior visa expiration.

Eligibility criteria revisions announced on 25 July 2025 with an effective date of 2 September 2025.  However, this was delayed by the administration and on 18 September 2025 the Department of State issued a revised update with further revisions to the eligibility criteria and a new effective date of 1 October 2025.

These revisions supersede the changes that DOS had implemented both on 25 July 2025 and on 18 February 2025.

Temporary Protected Status for Haiti – Department of Homeland Security

20 February 2025

Updated 26 November 2025

DHS amended the extension and redesignation of TPS for Haiti from 18 months to 12 months, with a new end date of 3 August 2025.

On 27 June, DHS announced it would be ending the TPS program for Haiti following the expiration of the current designation on 3 August 2025.  Termination of status was slated to occur on 2 September 2005, but a federal judge ruled on 15 July that the effective date for any termination cannot be earlier than 3 February 2026. 

DHS announced on 26 November the termination of the TPS program effective after 3 February 2026 to comply with the federal court ruling. Approximately 300,000 individuals will be impacted by the termination of this TPS.

Originally set to go into effect on 3 August 2025 with expiration of statues effective 2 September 2025, but a July ruling has, for now, shifted the effective termination date to 3 February 2026 pending conclusion of further appeals. DHS has confirmed via Federal Register termination after 3 February 2026.
Elimination of the USCIS Ombudsman’s Office – Department of Homeland Security 21 March 2025 The Department of Homeland Security announced it had ordered a reduction in force for staff in the USCIS Ombudsman’s Office. This move effectively shutters the office, which was on track to handle a record 30,000 requests for help in FY 2024. The RIF also impacts the Office for Civil Rights and Civil Liberties within DHS and the Office of the Immigration Detention Ombudsman. Implementation has been ongoing since announced on 21 March 2025.
Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans – Department of Homeland Security 25 March 2025 DHS announced the termination of a program launch by the Biden administration providing humanitarian parole to qualifying foreign nationals from Cuba, Haiti, Nicaragua, and Venezuela, effective 24 April 2025. On this date, parolees and their associated family members will lose their benefits and status, regardless of whether their parole and/or employment authorization documents have a later expiration date.

On 14 April, a preliminary injunction order was issued by a U.S. District Court in Massachusetts that stayed parts of the planned action. As a result, USCIS announced on 17 April that termination ordered were stayed pending resolution of the injunction.

On 30 May, the U.S. Supreme Court lifted the District Court’s injunction and allowing the Trump administration to proceed with ending the CHNV parole program pending appeal with the U.S. Court of Appeals. 

On 6 June, USCIS indicated on its website that individuals whose paroles are being terminated and employment authorization rescinded will be receiving notices via their myUSCIS accounts.

USCIS Proposed Rule – H-1B Registrations and Petitioner Processes

24 September 2025

Final Rule:  29 December 2025

USCIS published a proposed rule in the Federal Register that will overhaul the H-1B registration and petitioner submission process by implementing a weighted selection process.

On 29 December 2025, USCIS published its final rule on the updated H-1B registration process in the Federal Register, with an effective date of 27 February 2026.  The final rule incorporated no changes from what was initially proposed and will be in effect for the FY 2027 H-1B cap season that begins in Spring 2026.

Proposed rule was published in the Federal Register on 24 September 2025, with a 30-day comment period that ends on 23 October 2025.

USCIS published its final rule on 29 December 2025 and incorporated no changes into the rule. The final rule will be effective on 27 February 2026.

Department of Labor Proposed Rule – H-1B and PERM Wage Levels

17 December 2025

The Trump administration indicated on 17 December that a proposed rule updating the wage levels associated with H-1B and PERM petitions/applications was pending review with the Office of Management and Budget. This step is the final process before an agency can release a final rule, which is expected in early 2026.

Development of this rule updating wage levels was part of President Trump’s 19 September 2025 proclamation on the H-1B visa program, but as of 2 January 2026, details of what is included in the proposed rule have not been released.

Still pending in its OMB review as of 2 January 2026.

Online Presence Reviews for H-1B and H-4 Applicants – U.S. Department of State

15 December 2025

DOS announced on 3 December 2025 that it would be requiring, effective 15 December 2025, all H-1B and H-4 nonimmigrant visa applicants and their dependents to undergo a “online presence review” as part of their visa adjudication process. Online presence reviews have been required of international students and exchange visitors being adjudicated for an F, M, or J nonimmigrant visa since June 2025, and these online reviews are part of enhanced vetting protocols stemming from enhanced immigration screening requirements included Executive Order 14161, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” signed by President Trump on 20 January 2025.

In the wake of the new social media vetting requirements for H-1Bs and H-4s, consular posts have started rescheduling visa appointments scheduled on or after 15 December to facilitate the new social media vetting. WERC members have indicated that they have seen impacted visa appointments originally scheduled for mid-December or January adjusted to new dates ranging from March to October 2026. In a post on X, the U.S. Embassy India indicated that applicants “[a]rriving on [their] previously scheduled appointment date will result in [their] being denied admittance to the Embassy or Consulate.”

 

In effect and ongoing as of 15 December 2025.

ICE Proposed Rule – Duration of Status for International Students and Exchange Visitors

28 August 2025 ICE published a proposed rule in the Federal Register that will establish a fixed admission period and extension of stay procedure for international students (F visa), exchange visitors (J visa), and international media representatives (I visa). Proposed rule was published in Federal Register on 28 August 2025, with a 30-day comment period that ended 29 September 2025.  WERC submitted comment letter to the Department of Homeland Security on rule (accessible here).

DOS – Visa Bond Pilot Program

 

On 5 August 2025, DOS published in the Federal Register notice of a new 12-month pilot program requiring a financial bond of $5,000, $10,000, or $10,000 per individual to be paid by individuals applying for a B-1, B-2, or B-1/B-2 visa from identified countries before any visa issuance. DOS announced that the program would commence on 20 August and would apply to two countries at launch: Malawi and Zambia.

Went into effect on 20 August 2025

Temporary Protected Status for Honduras

8 September 2025

Termination announced on 7 July 2025.  Litigation temporarily paused the termination’s implementations before being lifted.  DHS subsequently ended the TPS program as of 8 September 2025.

Termination effective as of 8 September 2025
Temporary Protected Status for Nicaragua 8 September 2025 Termination announced on 7 July 2025.  Litigation temporarily paused the termination’s implementations before being lifted.  DHS subsequently ended the TPS program as of 8 September 2025. Termination effective as of 8 September 2025
Temporary Protected Status for Nepal 8 September 2025 Termination announced on 7 July 2025.  Litigation temporarily paused the termination’s implementations before being lifted.  DHS subsequently ended the TPS program as of 8 September 2025. Termination effective as of 8 September 2025

Temporary Protected Status for South Sudan

5 January 2026 (anticipated)

Termination announced on 5 November 2025 to be effective on 5 January 2026.

 

Temporary Protected Status for Myanmar

26 January 2026 (anticipated)

Termination announced on 25 November 2025 to be effective on 26 January 2026.

 

Public Charge Grounds of Inadmissibility

19 November 2025

On 19 November 2025, DHS announced a notice of proposed rulemaking to rescind the 2022 regulations around public charge grounds of inadmissibility. This follows the 4 September 2025 release by USCIS of a policy memo reaffirming the agency’s guidance from the first Trump administration around public charge inadmissibility. 

 

“Permanently paus[ing] migration from all Third World Countries”

27 November 2025

In a posting to Truth Social on 27 November, U.S. President Donald Trump said:  “Even as we have progressed technologically, Immigration Policy has eroded those gains and living conditions for many. I will permanently pause migration from all Third World Countries to allow the U.S. system to fully recover.” Details of how this would occur were not stipulated, but recent administration actions, such as the re-review of refugee petitions, expanding to 39 the countries identified via the current “travel ban,” and pausing all USCIS processing of immigration-related petitions and applications from the 39 travel ban countries are likely connected with implementing restrictions consistent with the president’s social media posting.

 

Tariff and Tax-Related Actions:

Part I: Executive Orders/Actions

Executive Order/Action

Date

Description

Status

Tariffs

20 January 2025

Executive order tasking the Treasury Department, in consultation with Commerce and Homeland Security, to “investigate the feasibility of establishing and recommend[ing] the best methods for designing, building, and implementing an External Revenue Service (ERS) to collect tariffs, duties, and other foreign trade-related revenues.”

Ongoing as of 2 January 2026.

USMCA Review

20 January 2025

Executive order commencing the public consultation process connected with the July 2026 review of the United States-Mexico-Canada Agreement (USMCA) to “assess the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses and make recommendations regarding the United States’ participation in the agreement.”

The United StatesCanada, and Mexico announced in September 2025 the commencement of the public comment period to be conducted prior to the start of the USMCA review. WERC submitted written comments to both the USTR and Global Affairs Canada around the USMCA and its mobility provisions. Additionally, the U.S. Trade Representative held public hearings in Washington, D.C. on 3-5 December 2025 and WERC presented comments to the USTR during the hearing.

On 16-17 December 2025, U.S. Trade Representative Jamieson Greer presented his required report to Congress on the operations of the USMCA. Additional steps by all three countries relating to the review process are expected to occur in early 2026.

On 28 March, Canadian Prime Minister Mark Carney released a statement after a conversation with President Trump indicating that both leaders “agreed to begin comprehensive negotiations about a new economic and security landscape immediately following the [Canadian Parliamentary] election.”

During a meeting with Prime Minister Carney on 6 May 2025, President Trump said: “We do have a negotiation coming up over the next year or so to adjust it or terminate it.”

Trade Agreement Review

20 January 2025

Executive order requiring the U.S. trade representative to review existing trade agreements and provide a report on findings and recommendations by 1 April 2025.

On 31 March, the Office of the U.S. Trade Representative released its 2025 National Trade Estimate Report.

Global Minimum Tax

20 January 2025

Memo from Trump administration formally opting out of participation in 2021 arrangement establishing a global corporate minimum tax, ordering review of foreign tax arrangements and treaties and their impact on U.S. companies with foreign partners, and determining potential “protective measures or other actions that the United States should adopt or take in response to such non-compliance or tax rules.”

Memo released 20 January 2025

Part II: Announced/Enacted Tariffs

Below are select announced and/or enacted tariffs that are most relevant to talent mobility practitioners:

Country

Tariff Amount

Status

Worldwide

Baseline tariff rates vary country by country, with rates starting from 15%.

 

Went into effect for most countries on 7 August 2025.  Discussions with numerous countries remain ongoing and rates are likely to continue to change based on the outcomes of conversations.

On 28 May, the U.S. Court of International Trade ruled that the Trump administration did not have the authority under the International Emergency Economic Powers Act (IEEPA) to issue country-specific reciprocal tariffs and blocked the tariffs.  However, a Court of Appeals stayed the USCIT’s order pending its review of the case, which keeps existing policy in place as of 2 January 2026.

On 5 November, the U.S. Supreme Court heard arguments on pending cases related to tariffs. A ruling from the court has not occurred as of 2 January 2026, but is anticipated to occur in the coming weeks.

Canada

35% on all non-USMCA exempt goods, including automotive products and automobiles. A separate 40% tariff would apply to any items deemed to be “transshipped” via Canada..

Current rates went into effect on 1 August 2025. 

U.S.-Canada trade discussions have stalled following U.S. President Donald Trump’s halting of them in October 2025, and Canadian Prime Minister Carney indicated in November 2025 that “[w]hen America wants to have those discussions on the trade side, we will have those discussions.”

Mexico

25% on all non-automotive products and cars and trucks not built in the United States.

Went into effect on 4 March 2025. Tariffs were amended on 6 March delaying actions related to the automotive sector and excluding goods that enter into the U.S. duty free under the USMCA. Mexican automotive tariffs for non-American built cars and trucks went into effect on 9 April as part of Trump-administration announced actions related to automotive tariffs.

On 31 July 2025, the Trump administration announced it would extend existing rates for Mexico for 90 days as talks between the two countries continued. This action was further extended in October 2025 “for a few more weeks,” and, as of 2 January, additional tariffs have not be enacted.

China

30% on most products, including Hong Kong-origin goods.  Some sectors and products, including items containing semiconductors, removed.

Went into effect on 1 February 2025. However, an amendment was enacted via executive order on 5 February delaying the removal of the duty free de minimis treatment of goods less than $800 in value. Tariff levels were raised from 10% to 20% effective on 4 March 2025, were increased to 74 % on 9 April and increased further to 145% effective 10 April 2025. Some product and sector-specific carveouts have been implemented by the Trump administration.

Additionally, the de minimis treatment for goods valued at or under $800 set to end on 2 May 2025.

On 12 May 2025, the U.S. and China reached a deal to lower the U.S. tariff rate on China to 30% for 90 days, pending continued negotiations. On 30 May, President Trump accused China of “totally violat[ing] its agreement with us.” However, no formal action has been taken by the U.S. as of 30 June 2025. 

As of 2 January 2026, the Trump administration has implemented multiple pauses on implementing tariffs.

Colombia

25% on all products

Announced by the Trump administration on 26 January 2025 in response to Colombian refusal to clear two deportation flights to land in Colombia. Tariffs not enacted as Colombian government subsequently reversed their position.

All Countries

50% tariff on aluminum (increased from 25% and 10% previously) Proclamation signed 11 February 2025 with an effective date of 12 March 2025. On 30 May 2025, President Trump announced in a speech that the administration would raise aluminum tariffs to 50%, and the increase went into effect on 4 June 2025.

All Countries

50% tariff on steel (increased from 25% and 10% previously)

Proclamation signed 10 February 2025 with an effective date of 12 March 2025. On 30 May 2025, President Trump announced in a speech that the administration would raise steel tariffs to 50%, and an executive order was signed with the increase effective 4 June 2025.

All Countries

50% tariff on copper

Proclamation signed 30 July 2025 with an effective date of 1 August 2025.

All Countries

25%-plus tariffs threatened on range of products, including automobiles, medicine and pharmaceuticals, and semiconductors.

Proposed by President Trump on 18 February 2025 during a press conference.

President indicated tariffs would be announced on 2 April, and on 26 March, the Trump administration announced that automotive tariffs on vehicles and parts “not made in the United States” will go into effect on 3 April 2025 (except for USMCA-covered items, which will be implemented at a future date to be determined). No official announcement or action on other items as of 10 August 2025.

On 6 August, President Trump indicated that a 100% tariff on semiconductors would be enacted, with an exemption for companies that manufacture semiconductors in the United States. Further details and formal action on semiconductors are still pending as of 10 August 2025, but media reports in November 2025 have indicated that semiconductor tariffs are likely to be delayed for the foreseeable future.

Part III: Trump Administration Nominations for Key Agencies:

Agency

Nominee

Status

Secretary of State

Marco Rubio

Confirmed by U.S. Senate on 20 January 2025, 99-0.

Secretary of Homeland Security

Kristi Noem

Confirmed by U.S. Senate on 29 January 2025, 59-41.

Attorney General

Pam Bondi

Confirmed by U.S. Senate on 4 February 2025, 54-46.

Secretary of Labor

Lori Chavez-DeRemer

Confirmed by the U.S. Senate on 10 March 2025, 67-32.

US Trade Representative

Jamieson Greer

Confirmed by the U.S. Senate on 26 February 2025, 56-43.

USCIS Director

Joseph Edlow Confirmed by the U.S. Senate on 15 July 2025, 52-47.

Customs and Border Protection Commissioner

Rodney Scott

Confirmed by the U.S. Senate on 18 June 2025, 53-47.

Immigration and Customs Enforcement Director

No nominee as of 2 January 2026. Todd Lyons, formerly the acting executive director for enforcement and removal operations, has been serving as acting director since 9 March 2025.

Assistant Secretary of State for Consular Affairs

Morvared Namdarkhan Confirmed by the U.S. Senate on 18 December 2025, 53-43
Under Secretary of State for Public Diplomacy

Sarah Rogers

Confirmed by the U.S. Senate on 7 October 2025, 51-47

Internal Revenue Service Commissioner

No nominee as of 2 January 2026.

Former U.S. Rep. Billy Long was nominated and confirmed as IRS Commissioner on 12 June 2025 but departed the position on 8 August 2025 to be nominated as U.S. Ambassador to Iceland.  Treasury Secretary Scott Bessent has been serving as the Acting Commissioner since August 2025. Additionally, Frank Bisignano, commissioner of the Social Security Administration, has been serving in a newly created role of IRS chief executive officer since October 2025.

Assistant Secretary of State for Educational and Cultural Affairs No nominee as of 2 January 2026. Darren Beattie, a former Trump administration speechwriter and journalist, has served as senior bureau official since February 2025.

WERC U.S. Immigration Rapid Response Group

WERC has convened a cross-industry rapid response task force to support the talent mobility industry in navigating the evolving landscape and its impacts on companies and transferees. This task force, co-chaired by WERC Immigration Policy Forum members Kelli Duehning and Ann Truett, brings together leading subject matter experts from immigration law firms and RMCs along with experienced corporate immigration and global mobility practitioners.

The task force will review the changes for potential ramifications for talent mobility, advise on potential WERC advocacy-related actions, and identify and support the development of content and resources geared toward mobility practitioners around the changes. Additionally, the group will also partner closely with WERC’s Immigration Policy Forum and other volunteer groups in conjunction with the changing immigration landscape in the United States.

Resource List

Note: The information provided below is for general informational purposes only and does not constitute legal advice. WERC does not guarantee the accuracy of the content within the links provided below and is not responsible for the content or operation of any external websites.

Key U.S. Government Links:

White House Presidential Actions

USCIS Newsroom

USCIS Policy Manual

USCIS Policy Memoranda

Department of State Press Releases and Statements

Foreign Affairs Manual

Immigration Law Firm Resources:

Below is a selection of resources from immigration law firms that currently are represented on WERC’s U.S. Immigration Rapid Response Task Force.

BAL:

Immigration News

Email newsletter signup

Immigration Policy Tracker

Envoy Global:

U.S. News Alerts

Email newsletters and resources signup

Immigration Reports

Erickson Immigration Group:

Immigration News and Alerts

Email news and alerts signup

Fragomen: 

Immigration Alerts

Email alert notification signup

Worldwide Immigration Trends Reports

International Travel Planning for F-1 Students

Go Global Immigration, PLLC:

Immigration Blog

Ogletree Deakins:

Immigration Insights

Email alert signup

USILaw:

Immigration Articles & Resources

WR Immigration:

News, Insights, and Resources

Raid Fire Wednesdays Q & A

Vialto Partners:

Immigration Insights

Additional Resources from Non-Task Force Sources:

Below is a selection of additional resources identified by members of WERC’s U.S. Immigration Rapid Response Task Force and/or by WERC members. If there are resources you wish to share for potential inclusion in future updates of this section, please email Mike Jackson, vice president of public policy and research.

Daily Immigration News Clips – American Immigration Lawyers Association (AILA)

Webinars - CERC

Employer Resources for Hiring and Supporting DACA Recipients – Fwd.us

FAQs on Noncitizens Carrying Proof of U.S. Immigration Status – Pryor Cashman

Immigration Enforcement on Campuses: What You Need to Know – Presidents’ Alliance on Higher Education and Immigration

Immigration Policy Tracking Project – project led by Prof. Lucas Guttentag of Stanford University and Yale University

 

U.S. Consular and Port of Entry/Exit Issues Reporting

WERC has launched two anonymous reporting forms to help track evolving consular and port-of-entry/exit issues affecting foreign nationals and their employers. Practitioners can share general, non-identifiable details about visa types, consulates or ports involved, and the nature of the issue. Submissions will be compiled and shared with WERC members to identify trends across the industry.

Learn more