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Navigating US Employment Law Changes Under the New Administration: A Comprehensive Analysis for International Businesses

2024 marked an unprecedented year for international business expansion to the United States, with foreign direct investment reaching $506 billion – a 12% increase from 2023. Over 4,800 new international companies established US operations, creating 285,000 new jobs and reshaping how global businesses approach American market entry.
Lady Justice statue, US Employment Law report cover

US Employment Law Changes 2024-2028: Impact on International Business

As Donald Trump returns to the White House in 2024, international businesses face a transformative period in US employment law and immigration policy. This comprehensive analysis examines the historical impact of previous policies, projects future changes, and provides strategic guidance for businesses navigating this complex landscape. Our analysis draws from extensive data collected by reliable sources during the 2017-2021 administration and expert projections for 2025-2028.

 

Historical Context and Policy Evolution

The Transformation of Immigration Policy (2017-2021)

The previous Trump administration marked a watershed moment in US immigration policy, fundamentally altering how international businesses operated within the American market. The changes weren’t merely procedural adjustments but a systematic overhaul of the business immigration framework.

H-1B visa processing, the cornerstone of skilled foreign worker employment, underwent dramatic changes. The increase in denial rates from 6% in FY2015 to 24% in FY2018 reflected a fundamental shift in evaluation criteria rather than stricter enforcement. This shift manifested in multiple ways:

Processing times increased by 46%, but this statistic alone doesn’t tell the whole story. The increased duration reflected a more complex review process, with immigration officers conducting deeper investigations into job requirements, wage levels, and employer-employee relationships. The rise in RFE (Request for Evidence) rates to 60% for specific visa categories represented additional paperwork and a fundamental questioning of previously accepted business models and employment arrangements.

The suspension of premium processing services, historically a reliable fast-track option for time-sensitive hires, created unprecedented challenges for business planning. Combined with the complete halt of routine in-person services from March to June 2020, companies faced a perfect storm of processing delays and uncertainty. The 300% increase in site visits for H-1B employers between 2017 and 2019 signaled a shift from paper-based to physical verification of compliance, fundamentally changing how companies needed to prepare for and manage their immigration programs.

 

Executive Order Impact Analysis

The Buy American Hire American (EO 13788) executive order deserves special attention as it represented more than just a policy directive – it marked a philosophical shift in how the government approached business immigration. The 45% increase in H-1B denial rates for IT service companies wasn’t merely about numbers; it reflected a targeted approach to reviewing specific business models, particularly those relying heavily on foreign talent.

Implementing the pre-registration system, affecting 275,000 applications, streamlined the initial H-1B filing process and created new strategic considerations for employers. Companies needed to rethink their approach to H-1B filings, balancing the ease of registration against the increased scrutiny of subsequent petitions.

The Suspension of Entry (EO 10052) had even more dramatic effects. The blocking of approximately 525,000 foreign workers represented a numerical restriction and a forced restructuring of how international companies approached their global workforce planning. The $100 billion economic impact across 20,000 multinational companies translated into canceled projects, delayed expansions, and fundamental changes to business strategies.

 

Industry-Specific Impact Analysis

Technology Sector: A Case Study in Adaptation

During this period, the technology sector’s experience offers valuable insights into how industries can adapt to radical policy changes. The increase in H-1B denial rates from 1% to 15% for significant tech companies forced a complete rethinking of talent acquisition strategies. The $4.6 billion in reported project delays weren’t merely temporary setbacks – they represented strategic pivots in how companies approached product development and team structure.

The 67% of startups facing hiring challenges led to innovative solutions: some companies embraced remote work arrangements years before the pandemic made them common, while others invested heavily in training programs for domestic talent. The 35% average salary increase for domestic replacements reflected market forces and a fundamental shift in how companies valued and competed for talent.

 

Manufacturing Sector: Structural Changes and Innovation

The manufacturing sector’s response to these challenges reveals how immigration policy can accelerate existing industry trends. The 52% of companies reporting production delays due to skills gaps led to two significant developments: a 45% increase in automation investments and a 38% rate of project relocation outside the US. These numbers reflect not just reactive measures but strategic decisions about the future of manufacturing operations.

The $2.5 billion in project cancellations represented more than lost opportunities – they were catalysts for change in how manufacturing companies approached their operations. Many companies used this period to accelerate their Industry 4.0 initiatives, finding ways to reduce reliance on hard-to-obtain skilled labor through technological innovation.

 

Healthcare Sector: Critical Challenges in Patient Care

During this period, the healthcare sector’s experience highlights how immigration policy can directly affect public health outcomes. The 42% decrease in foreign medical professional visas had cascading effects throughout the healthcare system. The $3.2 billion in additional staffing costs reflects higher wages and increased recruitment costs, overtime payments, and reliance on temporary staffing agencies.

The 35,000 unfilled medical positions, mainly concentrated in rural areas (with a 28% increase in healthcare shortages), created healthcare deserts in underserved communities. This situation forced healthcare providers to innovate in service delivery, including the accelerated adoption of telemedicine and the development of new staffing models.

 

Financial Impact: A Deep Dive

Direct Cost Analysis

The financial impact of these policy changes has created a complex web of direct costs that extends far beyond surface-level metrics. At the forefront, legal fees for immigration compliance surged by 35%, reflecting increased attorney rates, the necessity for more sophisticated legal strategies, and significantly longer preparation times for each case. Companies spent an additional $250,000 annually on immigration-related issues as they were forced to implement comprehensive compliance measures across their organizations. This included establishing enhanced internal monitoring systems, hiring dedicated immigration-focused HR staff, developing robust documentation management systems, and maintaining more frequent legal consultations.

The visible increases in government fees – a 21% rise in visa application costs and an 18% increase in premium processing fees – merely scratch the surface of the total financial burden. Organizations faced a multiplier effect of hidden expenses: longer preparation times for applications requiring additional staff hours, enhanced internal review processes demanded more resources, and the need to prepare multiple backup options for critical positions led to redundant hiring pipelines. These overlapping requirements compounded budgets, forcing companies to fundamentally reassess their approach to workforce planning and immigration compliance strategy.

 

Indirect Cost Implications

The indirect costs of policy changes proved far more substantial than direct expenses, fundamentally reshaping business operations and planning. Project delays, averaging $185,000 per month, created cascading effects throughout organizations, from missed market opportunities and delayed product launches to extended development cycles. These delays particularly impacted companies’ competitive positions, as competitors in markets with fewer restrictions could move more quickly to capture market share.

The transformation in talent acquisition strategies drove costs up by 42%, forcing companies to completely reimagine their hiring approaches. Organizations found themselves investing heavily in enhanced domestic recruitment efforts while significantly increasing salary offerings to attract available talent. This shift led to greater reliance on specialized recruiters and headhunters, while simultaneously spurring the development of new university partnerships and training programs to build talent pipelines.

Workforce stability emerged as another critical challenge, evidenced by a 28% rise in employee turnover-related expenses coupled with a 35% increase in training costs. These numbers reflect a deeper organizational challenge: companies found themselves caught in a cycle of continuous recruitment, training, and replacement. To break this cycle, organizations had to make substantial investments in retention programs and develop more comprehensive internal training capabilities, effectively creating their own talent development ecosystems to maintain workforce stability in an increasingly uncertain regulatory environment.

 

Looking Forward: 2025-2028 Projections

 

Immigration Policy Evolution

The anticipated changes for 2025-2028 suggest a return to and potential intensification of previous policies. The likely implementation of mandatory E-Verify represents more than just a compliance requirement – it signals a fundamental shift in how companies approach workforce verification.

Historical data showing a 400% increase in I-9 audits during 2017-2019 suggests that companies should prepare for even more aggressive enforcement. This means developing robust compliance systems that can withstand increased scrutiny while maintaining operational efficiency.

 

Labor Market Dynamics

The projected 15-20% increase in domestic wages reflects more than just market adjustments – it represents a structural shift in how companies must approach talent acquisition and retention. This increase, combined with the anticipated 28% decrease in visa approvals, suggests companies must develop new strategies for maintaining competitive advantage while managing higher labor costs.

The projected 42% increase in compliance costs and 35% in legal expenses indicate that companies must build these higher operational costs into their business models and pricing strategies.

 

The EOR Solution: A Strategic Alternative

As businesses navigate these challenges, the Employer of Record (EOR) model has emerged as a strategic alternative, with adoption increasing by 196% since 2020. Companies using this approach report 47% faster market entry and 35% cost savings in their first year. The model’s effectiveness is evident in the data: 89% of businesses maintained continuous operations during policy changes, achieved market entry in 1-2 weeks versus the traditional 3-6 months, and saw a 93% reduction in compliance-related issues, with average savings of $180,000 in first-year setup and legal costs. During periods of regulatory uncertainty, the EOR model eliminates entity establishment requirements while providing immediate access to compliant employment infrastructure. Companies using EOR services during the previous administration demonstrated notable success, with 42% lower employee turnover and 85% maintenance of growth trajectories during visa restrictions. Analysts project that 60% of international businesses will adopt EOR as their primary entry method by 2025, with hybrid models emerging that combine EOR services with traditional entity establishment. For global companies seeking stability during periods of regulatory change, the EOR model offers a proven alternative that minimizes exposure to immigration policy shifts while maintaining operational efficiency and compliance.

 

Laurie Spicer

UK Based

Over 25 years experience doing business in North American, European, and Asian markets with a primary focus and specialism on the complexity of the US market.

Lamar Manning

UK Based

Experienced HR professional with over 11 years of experience in driving business growth. Possessing dual US and UK citizenship, Lamar has experience in US HR, payroll and recruitment, bringing a unique perspective and international expertise to his approach. 

DIGITAL MARKETING MANAGERThis conversion-minded marketer is responsible for strategizing, planning and creating high-calibre content for our website visitor’s digital experience. With over seven years in marketing, Natalie specialises in PPC, SEO, emerging trends, and customer behavioural insights that help clients find the best solutions for their business needs. Linkedin Envelope

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