Immigration policy shifts in recent months have created significant changes for employees and employers. Between September and October 2025 alone, three major rule changes took effect:
The legal and technical details of these changes are complex. The human impact, however, is immediate and clear.
Employees face uncertainty about their ability to remain in the United States. Families confront questions about their future. Workers who have built careers and lives here must navigate an evolving policy landscape with limited guidance.
HR professionals find themselves on the front lines of this challenge. Employees look to their employers for guidance, reassurance, and support during a time when clear answers are scarce. The role of HR extends far beyond compliance, encompassing communication, empathy, and advocacy for affected workers.
Human resources departments face challenges in interpreting and implementing new immigration rules and must work closely with legal experts to ensure that they are in compliance.
In September 2025, the administration imposed a $100,000 supplemental fee on certain H-1B visa petitions. The fee took effect on September 21, 2025.
Who is affected:
The fee represents a substantial increase from previous H-1B costs, which typically ranged from $2,000 to $5,000 per petition. Organizations must now evaluate whether specific positions justify this investment.
A lawsuit from the U.S. Chamber of Commerce challenging the fee's legality is currently in progress, as are several others. This adds uncertainty about whether the fee will remain in place long-term.
The administration has moved to terminate TPS designations for several countries. The most significantly affected populations include:
The legal landscape surrounding these terminations remains fluid. Courts have blocked some terminations while allowing others to proceed.
For employees with TPS, this creates uncertainty about whether their work authorization will remain valid. Some workers who believed their authorization would last through 2026 now face different timelines. Ongoing litigation could reverse or modify these outcomes.
Two State Department policy changes have altered the visa renewal process.
Employees who need visa renewals must travel to their home countries and attend in-person interviews. Appointment wait times at many consulates extend for months. For workers from India, which accounts for approximately 70% of H-1B visa holders, this creates substantial logistical challenges.
Employees may need extended time away from work, and there is uncertainty about whether renewals will be approved.
Immigration policy changes affect employees on multiple levels.
Workers worry about losing their jobs and their ability to support their families. For employees who have purchased homes or have children in school, the prospect of suddenly needing to leave the country creates significant disruption.
Employees describe feeling anxious and unable to focus on their work. The stress affects sleep, family relationships, and overall wellbeing. Workers report feeling less secure in their professional identities.
Spouses may hold work authorization that depends on the primary visa holder's status. Children face the possibility of being uprooted from their schools and communities.
Employees may hesitate to take on long-term projects when they are unsure whether they will remain with the organization. Career development becomes complicated when an employee's future in the country is unclear.
HR's role begins with clear, honest communication while carefully avoiding legal advice. Employees need to know what is happening, what resources are available, and how the organization will support them. However, specific guidance about individual situations must come from qualified immigration attorneys.
Many organizations provide access to immigration legal services as an employee benefit. If this resource does not exist, consider establishing it. Employees need access to qualified attorneys who can address their individual situations.
Managers need preparation to respond empathetically when employees express concerns. Train them to listen supportively without trying to solve legal issues, understand what resources the company offers, and recognize when to escalate questions to HR or legal counsel.
A simple acknowledgment like "I understand this is stressful, and we are here to support you" can provide meaningful reassurance. Managers should treat immigration concerns as legitimate workplace matters requiring the same sensitivity as other personal challenges employees face.
Organizations can provide tangible support through flexibility and resources. Employees dealing with visa appointments, consular interviews, or legal consultations need time away from work. This time should be readily granted without requiring the use of vacation days. For employees who need to travel internationally for visa renewals, consider extended leaves of absence, remote work arrangements, or adjusted project timelines.
Be transparent about what immigration-related costs the organization will cover. The new H-1B fee and increased travel costs for visa renewals raise questions about financial responsibility. Clarity on these matters demonstrates commitment to employees.
Employee assistance programs and mental health resources become particularly valuable during periods of immigration uncertainty. Proactively remind employees about these benefits and reduce barriers to accessing them. The stress of navigating immigration changes is legitimate and significant.
Any questions about an employee's work authorization status, Form I-9 compliance, or the validity of immigration documents require legal expertise. HR should not attempt to answer these questions independently. Maintain established relationships with immigration attorneys who can provide timely guidance.
Immigration uncertainty affects entire teams, not just employees directly impacted by policy changes. Colleagues worry about their teammates. Uncertainty about team composition complicates project planning. Some employees without immigration concerns may not fully understand the stress their colleagues are experiencing.
Managers should be prepared to address team questions in general terms while respecting individual privacy. It is appropriate to acknowledge that some team members are dealing with immigration-related challenges and to ask for patience and flexibility from the broader team.
Organizations must also remain alert to discrimination or bias. Immigration-related policy changes can unfortunately trigger increased scrutiny of foreign-born employees. Reinforce that all employees must be treated fairly and that discrimination based on national origin or citizenship status is prohibited.
Ensure that affected employees do not feel singled out or stigmatized. Immigration status should not become a defining characteristic that separates some employees from others. When organizations provide flexibility for employees dealing with immigration matters, support their need to travel for visa appointments, and invest in legal resources to help navigate policy changes, they demonstrate their values through action. These consistent demonstrations of commitment build trust during turbulent times.
Immigration policy will likely remain dynamic. Court decisions may modify some changes. New policies may be announced with little warning. Organizations cannot eliminate this uncertainty, but they can control how they respond to it.
Building organizational capacity requires maintaining strong relationships with immigration counsel, establishing clear communication protocols, training managers to respond supportively, and ensuring HR has the resources to navigate complex situations. Stay informed through regular check-ins with legal counsel and reliable updates from official sources, but avoid becoming overwhelmed by constant news flow.
Organizations may need to reassess how immigration policy uncertainty affects their ability to recruit and retain international talent. This requires honest evaluation of the challenges and thoughtful planning to support employees through them.
How organizations respond to immigration policy challenges reflects their fundamental values. Companies that prioritize employee wellbeing, communicate honestly, and provide meaningful support will strengthen relationships with their workforce. Those relationships, built on trust and demonstrated commitment, will endure beyond specific policy challenges.
The immigration landscape may be uncertain, but the importance of treating employees with dignity, empathy, and respect remains constant. That foundation allows HR professionals to build effective responses to whatever challenges lie ahead.
When you partner with Ulliance, our Life Advisor Consultants are always just a phone call away to teach ways to enhance your work/life balance and increase your happiness. The Ulliance Life Advisor Employee Assistance Program can help employees and employers come closer to a state of total well-being.
Investing in the right EAP or Wellness Program to support your employees will help them and help you. Visit https://ulliance.com/ or call 866-648-8326.
The Ulliance Employee Assistance Program can address the
following issues:
• Stress about work or job performance
• Crisis in the workplace
• Conflict resolution at work or in one’s personal life
• Marital or relationship problems
• Child or elder care concerns
• Financial worries
• Mental health problems
• Alcohol/substance abuse
• Grief
• Interpersonal conflicts
• AND MORE!
References:
Changes to Immigration Rules Create New Concerns for Employers; HR Brew https://www.hr-brew.com/stories/2025/10/07/changes-to-immigration-rules-create-new-concerns-for-employers
H-1B FAQ; U.S. Citizenship and Immigration Services
https://www.uscis.gov/newsroom/alerts/h-1b-faq
Trump's $100,000 Fee for H-1B Visas: What You Need to Know; American Immigration Council
https://www.americanimmigrationcouncil.org/blog/trump-100000-fee-h1b-visa/
Temporary Protected Status (TPS): Fact Sheet; National Immigration Forum
https://immigrationforum.org/article/temporary-protected-status-fact-sheet/
The State of Immigration Law in 2025: What Employers Need to Know; MWH Law Group; Taylor Sellers
https://mwhlawgroup.com/the-state-of-immigration-law-in-2025-what-employers-need-to-know