Shifting Sands: Adapting to the Latest Changes in Employment Immigration Law

This fast-paced 60-minute course, presented by Greg Siskind and Charles Kuck, examines the dramatic policy shifts in employment-based immigration during the Trump administration and their lasting impact. The session begins by framing the pre-Trump immigration landscape and the administration’s transformative use of executive orders, including measures affecting agency capacity, travel, birthright citizenship, and humanitarian programs. It delves into the lesser-known but equally consequential student visa policy changes and their downstream effects on employment categories like H-1B.

Attendees will gain insight into how extreme vetting, agency downsizing, and consular disruptions led to persistent adjudication delays and reduced employer confidence. The course concludes with strategic guidance for practitioners and employers navigating the uncertain terrain of immigration law, including compliance auditing, litigation as a tool, and managing client risk in a volatile policy environment.

Topics covered include:

Immigration Law Employment Law Law Practice

Agenda:

What We Saw in the First Trump Administration

A concise overview of the major policy shifts and regulatory actions that reshaped employment immigration during Donald Trump's first term, including executive orders and administrative measures

The Tension Between Silicon Valley and the Anti-Immigration Zealots

An examination of the conflict between tech industry leaders advocating for immigrant talent and groups pushing restrictive immigration policies, highlighting the impacts on policy and innovation

Direct Changes to Employment Immigration Law

A review of explicit regulatory and statutory modifications implemented during the Trump era that directly affected employment-based immigration categories and processes

Indirect Changes to Employment Immigration (Consular Staff Reductions, Budget Cuts, Interview Requirements, etc.)

Discussion of less overt but significant operational changes — including staffing reductions, increased processing delays, expanded interview mandates, and their cumulative effects on employment-based immigration

What Might Be Coming

Insights and forecasts regarding potential future changes under the current Trump administration, including pending regulations, legislative proposals, and anticipated policy directions

Examination of Best Practices and Strategies for Adapting to These Rapid Changes

Practical guidance on how immigration lawyers and employers can proactively respond to policy volatility through effective planning, compliance strategies, and leveraging technological solutions

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: June 27, 2025 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

The speakers, Charles H. Kuck and Greg Siskind, are introduced, both of whom are prominent figures in immigration law. The presentation will focus on recent changes in employment immigration law, with a Q&A session planned for the end.

04:49 Recent Developments in Employment Immigration

The discussion begins with the impact of the Department of Government Efficiency (DOGE) on immigration. The role of the CIS Ombudsman, an advocate for the public dealing with immigration agencies, is discussed, noting its temporary elimination and subsequent reinstatement. The Entrepreneur Parole Program, initially ended by the Trump administration, is mentioned as an example of a program that was legally reinstated but never fully restored. The conversation shifts to the challenges faced by USCIS due to budget cuts, despite being primarily funded by user fees. The impact of these cuts on adjudication processes, particularly for H-1B and other employment visas, is explored, with concerns about increased processing times and requests for evidence.

14:33 Challenges in Visa Processing and Enforcement

The conversation continues with a focus on the H-1B visa program, noting potential changes such as the return of the prevailing wage rule and increased fees. There is a discussion on the challenges faced by L and O visa categories, with increased scrutiny and requests for evidence. The speakers mention the 'gold card' program, which is described as a scam with no statutory basis, targeting wealthy individuals seeking U.S. residency. The impact of visa revocations on students, extending beyond those involved in the Gaza protests, is discussed, highlighting legal challenges and settlements. The speakers emphasize the importance of understanding the legal landscape and the potential for future changes in immigration policy.

29:02 Impact of Political Changes on Immigration

The impact of political changes on immigration is discussed, with a focus on student visas and the challenges faced by international students in the U.S. The speakers highlight the impact of visa processing delays on health care, particularly for doctors on J-1 visas, and the potential consequences for healthcare delivery. The conversation shifts to worksite enforcement, including I-9 audits and the importance of compliance for employers. The role of FDNS visits in checking compliance with immigration regulations is discussed, with advice for employers on handling such visits. The speakers address the challenges faced by DACA recipients in Texas, while noting that DACA is still valid overall.

48:02 Travel and Visa Concerns

The discussion turns to travel and visa concerns, emphasizing the scrutiny faced by travelers, particularly those with social media activity critical of the U.S. government. The speakers advise on the risks associated with traveling with electronic devices and the importance of understanding one's rights at the border. The impact of travel bans on certain countries is discussed, preventing individuals from these countries from obtaining visas. The speakers highlight the importance of understanding the legal implications of executive orders and the potential for future changes in immigration policy.

57:19 Concluding Thoughts

The legal implications of a recent Supreme Court decision on immigration are discussed, focusing on birthright citizenship and national injunctions. The speakers highlight the challenges faced by immigration lawyers in addressing the legal complexities arising from the decision. The conversation covers the potential impact of political changes on immigration policy, with a focus on the role of executive orders and the challenges of obtaining national injunctions.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: May 31, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 Diversity, Inclusion, and Elimination of Bias

Earn Credit Until: December 31, 2025

This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in South Carolina (all levels), one hour of Ethics CLE credit in North Carolina, and one and a half hours of Diversity, Inclusion, and Elimination of Bias CLE credit in New Jersey. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speakers

Charles H. Kuck Founding Partner
Kuck Baxter LLC

Charles H. (“Chuck”) Kuck is the Founding Partner of Kuck Baxter LLC in Atlanta, Georgia. Chuck served as the National President of the American Immigration Lawyers Association from 2008-2009. He also served as President of the Alliance of Business Immigration Lawyers from 2010-2014 and has been an Adjunct Professor of Law for more than 20 years, currently at Emory Law School. He was named one of the top 5 immigration attorneys in the world by Chambers & Partners again in 2022, the “Best Lawyer-Immigration” in Georgia by Best Lawyers in 2022, and was previously named one of the “100 Most Influential Georgians” by Georgia Trend magazine. Read More ›

Greg Siskind Founding Partner
Siskind Susser, PC

Greg Siskind is a founding partner of Siskind Susser and has been practicing immigration law since 1990. He is also a co-founder of AI software company Visalaw Ventures. He received his bachelor’s degree from Vanderbilt University and his law degree from the University of Chicago. Read More ›

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