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Policy hurdles and enforcement pressures strain US corporate immigration

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Policy uncertainty and heightened enforcement are weighing heavily on US employers as they navigate immigration programs in 2025. According to Envoy Global’s Corporate Immigration Trends Report 2025, based on a survey of 518 HR and mobility professionals, 21% of respondents cited government policy changes as their top concern this year and next.

Employers report a confluence of barriers, from visa caps to processing backlogs. Nearly a quarter (23%) identified the limited number of H-1B visas as the primary challenge, while 22% pointed to Department of Labor delays . In the past year alone, 53% of companies lost foreign employees who were forced to leave the US due to visa denials or lengthy delays.

More than a quarter of employers face multiple barriers, including visa caps and unpredictable outcomes, which has the potential to complicate long-term immigration planning in the coming year. Companies sponsoring 1,000 plus employees are more likely to find the Department of Labor delays the primary barrier.

The uncertainty surrounding case outcomes, the complexity of navigating sponsorship pathways and longer processing times that delay onboarding are all significant hurdles, pointed out Jennifer Yeaw, Senior Attorney at Corporate Immigration Partners. “Yet companies continue to hire foreign talent because the skills they bring often outweigh these sponsorship challenges.”

Employers are also responding by relocating staff abroad. Nearly 48.5% moved employees outside the US in the past 12 months due to visa obstacles, with Canada, the U.K. and Mexico emerging as top destinations. Among firms sponsoring over 1,000 workers, the relocation rate was even higher at 61.5%.

Meanwhile, the second Trump administration has stepped up workplace oversight. USCIS conducted more than 2,200 audits in its first 100 days. In 2017, Requests for Evidence (RFEs) for H-1B visas had risen by 45%, with 58% of employers reporting an increase over the past five years. By 2025, the trend has intensified, with 84% of employers stating that RFEs for visa petitions have increased in the past four years

Sherry Neal, Partner at Corporate Immigration Partners, the affiliate law firm contributing expert commentary to the report, said, ““Employers often feel reasonably confident in their level of preparedness. However, during most internal audits, employers tend to be surprised at the number and types of the I-9 violations they have. This is primarily because employers feel confident that I-9’s have been completed but aren’t aware of the substantive and/or technical violations related to the I-9 completion.”

An I-9 violation refers to errors or non-compliance with the Form I-9, Employment Eligibility Verification, which every US employer must complete and retain for each worker they hire. The form is used to verify the employee’s identity and authorization to work in the United States.

“Another commonly overlooked area is Department of Labor audits. Do employers truly have their H-1B public inspection files in place? Are they paying the correct wage and ensuring employees are working at the appropriate worksites? The shift to remote work during COVID-19 further complicated compliance. In many instances, employers believed they were meeting requirements when, in fact, employees were working in different locations or even different states, which has significant implications for immigration compliance,” added Neal.

Not all developments are viewed negatively. A USCIS policy extending green card validity from 24 to 36 months received broad approval, with 74% of employers citing it as a positive change. Still, experts argue that stop-gap measures are insufficient. “USCIS must resolve the root causes of lengthy processing times—including administrative inefficiencies, outdated technology, staffing shortages and paper-heavy systems,” said Anne Walsh, Partner at Corporate Immigration Partners.

For example, while USCIS has made some progress in offering online filing options, the majority of applications still require paper submission. These paper-based processes demand significant manual handling such as receiving mail, processing checks and scanning documents, which can exceed 1,000 pages per filing. This not only slows down processing but also increases the risk of administrative errors including misplaced checks and erroneous application rejections, illustrated Walsh.

The report warns that without comprehensive reform, US companies risk ceding ground to competitors in Canada, Germany and the UK, whose immigration systems are widely viewed as more favourable.
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