Immigration Law at Work: What Employers Should Understand

Nearly 1 in 5 workers in the United States — more than 32 million of them — are immigrants who may be navigating a maze of shifting immigration policies, executive orders and heightened enforcement. From tighter scrutiny of work and student visas to evolving rules around humanitarian parole and temporary protected status, the uncertainty is taking a toll on these workers’ productivity, mental health and morale.

Employers, especially in the technology and healthcare industries, also are feeling the strain, as legal ambiguity makes it harder to attract and retain top talent with specialized skills.

To unpack this complex and contentious topic, Lisa Wolf, the director of culture and people at ARAG Legal Insurance, recently conversed with Helena Tetzeli, a partner at law firm Kurzban Kurzban Tetzeli and Pratt P.A., about immigration trends currently impacting organizations and their workforces.

Wolf has worked as an HR professional for more than 25 years. Tetzeli has practiced immigration law for more than 30 years.

The following questions and answers summarize some of the high points of their discussion.

Lisa Wolf, director of culture and people, ARAG Legal Insurance

Helena Tetzeli, partner, Kurzban Kurzban Tetzeli and Pratt P.A.

Wolf: What immigration concerns have drawn your attention lately based on inquiries from potential clients?

Tetzeli: Most calls center on family-based immigration, employment cases and naturalization. But lately, there has been a surge related to concern from green card holders over shifting policies — especially for those with humanitarian parole or temporary protected status from countries like Venezuela and Haiti.

What’s striking is the rising anxiety. Even [green card holders] who previously felt secure are now unsettled by the pace and unpredictability of policy changes. I also am hearing from more green card holders who are worried about traveling abroad, deportation or being denied re-entry. Many are now considering naturalization as a way to gain more stability and, as a result, I am seeing an increase in [individuals] seeking guidance on naturalization .

Wolf: In what areas do you feel immigration policy changes are impacting employers?

Tetzeli: Immigration policy changes create uncertainty for employers, particularly around talent acquisition and retention. A key example is the H-1B work visa, which is widely used to employ global talent with specialized degrees, like those in technology and finance. Recently, the U.S. Department of Homeland Security (DHS) implemented a $100,000 fee for certain H-1B visa petitions, effective Sept. 21, 2025. This fee applies to new petitions for individuals outside the U.S. or those requesting consular processing, even if currently in the country — but not to extensions or amendments for those already in valid H-1B status. Still, the cost may require employers to explore alternative visa options, invest more in domestic talent development or consider relocating operations abroad to access skilled labor.

These shifts could impact innovation and competitiveness. Legal challenges argue the fee violates administrative procedures and harms U.S. businesses. DHS is also considering reforms like wage-based lottery selection and updates to prevailing wage levels to prioritize higher-skilled workers.

Additionally, the administration has ended automatic renewals for most employment authorization documents (EADs), including those for H-1B spouses. Since many of these spouses are also working professionals, I’m anticipating more calls to help them find a different category of visa that allows them to continue to work in the U.S.

Wolf: Given all that is occurring, how can employers support their employees who are facing an immigration issue?

Tetzeli: As immigration becomes increasingly difficult to navigate, employers must step up with timely information, compassionate support and proactive planning. Helping employees stay productive and mentally well — especially during uncertain times — is vital.

Start by ensuring your HR policies and internal communications offer clear and up-to-date guidance. For example, visa holders need to understand potential travel risks and restrictions, particularly during policy shifts.

Also, consider offering affordable access to immigration attorneys, often available through a legal plan, to help employees better understand their visa status for themselves and family members, along with necessary next steps and potential risks. Professional counsel can demystify the often technical and confusing employment-based immigration process, easing anxiety and helping employees stay productive and engaged.

Wolf: For employers who may have an employee facing an immigration matter, what context might they share to help such workers better understand and address their situation?

Tetzeli: Every case is unique, and immigration issues can quickly become complex — but here are some tips.

• [Share that these workers should] be patient. Delays are common and usually not a sign of trouble. Agencies that process immigration benefits — namely, USCIS [U.S. Citizenship and Immigration Services] and the Department of State — are often backlogged and understaffed.
• [Recommend that these workers] consult an immigration attorney. Professional legal advice is essential for building a long-term strategy, analyzing case specifics, spotting red flags and navigating potential pitfalls that could lead to application denials or even deportation risks down the road.
• [Inform them that] while the internet can be a helpful starting point, it is no substitute for expert legal guidance. Much of the online information on immigration can be outdated, inaccurate or lack the analysis or nuance needed for complex issues.

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