The employment-sponsored US immigration landscape continues to shift with policy and procedural changes designed to (i) broaden work authorization options available to foreign nationals in areas prioritized by the United States (e.g., AI and cybersecurity), (ii) streamline and modernize the US immigration process, and (iii) alleviate perceived roadblocks to legal immigration while still ensuring compliance with and enforcement of US immigration law. While many agree that comprehensive immigration reform may be long overdue, full-scale proposals are unlikely to gain much traction given the current geopolitical environment and differing priorities in immigration policy largely drawn along party lines.

The outcome of the 2024 presidential election will likely have a direct impact on employment-based immigration policies over the next four years. While the future remains uncertain until the election is decided, the Biden administration has worked to unwind many of the more restrictive immigration policies enacted under the Trump administration, and employers have seen other positive developments. For example, US employers enrolled in E-Verify may utilize a remote document examination process, permitted as a temporary measure during the pandemic, to complete Form I-9 or the Employment Eligibility Form. Also, H-1B visa lottery selections have been revamped for the 2025 fiscal year to a "beneficiary-centric" process. While the mechanics of H-1B cap registration will remain the same, it is expected that a lower number of overall registrations will be submitted — and, as a result, a higher selection rate than fiscal year 2024. However, not all changes have been favorable to employers. Government filing fees will significantly increase, placing additional financial pressure on employers seeking to attract and retain foreign national talent. Finally, the DOJ's Immigrant and Employee Rights division has increased its focus on how employers conduct labor market tests as part of the permanent-residence sponsorship process, making compliance more important than ever.