Post-Election Fit Check: U.S. Immigration Considerations for the Fashion and Beauty Industries

The latest US presidential election has captivated much of the world, but the trends extend far beyond the Inauguration Day lookbook. 

Immediately following the inauguration, the new administration took significant steps to enact their policy and lawmaking priorities. While the fashion and beauty industries are likely bracing for the impact of changes to trade policy, it is important to also consider how shifts in US immigration policy may affect the mobility of a global workforce. This is particularly important for designers, models and other professionals who are key to the success of global campaigns and collections.

Given the rapid pace of regulatory change, this blog summarizes what is known so far and highlights important tips and reminders to ensure industry professionals can navigate potential challenges effectively.

Border and Travel Issues

While executive orders have been issued with the goal of securing the US-Mexico border, the administration has directed federal agencies to review and, in the near term, recommend travel restrictions.

These could restrict visa issuance and entry for individuals from specific countries—even for those already in possession of a visa—and could impact their ability to travel to the US.

Enhanced Vetting

Multiple executive orders have been signed aiming to increase scrutiny throughout the immigration system.

In the past, enhanced vetting initiatives resulted in additional scrutiny, delays, increased requests for evidence and a higher rate of denials throughout the immigration system, including:

• • • Consulates (visa issuance, consular permanent residency processes);
    • Ports of entry (entry screening, border patrol); and
    • The immigration service (review of applications filed with the immigration service in the US).

A greater focus on compliance is also anticipated, with site visits and audits expected.

Changes to Humanitarian Immigration Programs

Humanitarian parole programs—allowing work and travel permissions for nationals of Cuba, Haiti, Nicaragua and Venezuela—have been ceased by an executive order. Additionally, Temporary Protected Status (TPS) will not be renewed for Venezuelans nationals who received TPS in 2023. No changes have yet been announced regarding DACA, but the program remains in jeopardy.

Tips for Employers

• • • Review your workforce to ensure you are aware of employee nationality and immigration statuses (for those in the US).
      • • • Assess alternate immigration strategies for employees in humanitarian status.
    • Account for processing delays as a result of increased scrutiny: 
      • • • Ensure sufficient lead time for applications in the event of processing delays that could impact a start date, travel date or ability to work past an expiration date.
          • Ensure flexible travel dates in the event of consular delays impacting travel readiness.
          • Consider big picture immigration strategies to ensure continued work authorization.
    • Compliance 
      • • • Conduct audits of your in-house immigration documentation to ensure readiness for government inspection.

General Travel Reminders

1. Check Passport Validity

• • • • Generally, your passport should be valid for at least six months beyond your admission date to the US. If your passport will be expiring in 2025, now is the time to renew. 

2. Check Travel Documents

• • • • If traveling on a visa, the visa stamp must (i) not be expired and (ii) reflect your current nonimmigrant visa status.
        • • • If traveling under the Visa Waiver Program, you will need to have a valid registration in the Electronic System for Travel Authorization (ESTA) at least 72 hours prior to your departure to the US, and your planned activities in the US must be limited to those permitted for business or tourist travel. 

3. Need a Visa?

• • • • If your visa has expired, is no longer valid, or the Visa Waiver Program is not an option for your trip, it will be necessary to closely review your eligibility and contemplated activities to determine which visa category is most appropriate. 
      • If the nature of your activities will extend beyond business or tourist travel, you may need a work visa. While there are several work visa categories, some specific to the fashion industry include:
        • • • • O-1
                • • Reserved for individuals who are considered to have “extraordinary ability or achievement” in their field of expertise.
                  • Requires proof of international renown – evidence includes awards, publications and/or published material.
                  • Particularly sought after for chief executives, designers, models and other accomplished individuals in the luxury space.
              • H-1B
                • • Can be used for models of distinguished merit and ability.
                  • Can also be used for individuals in “specialty occupations” – roles requiring at least a bachelor’s degree.
                  • Typically subject to an annual quota.
              • TN
                • • Reserved for individuals who are citizens of Canada or Mexico and will be working in specific, eligible occupations.
              • H-1B1
                • • Reserved for individuals who are citizens of Chile or Singapore and working in a “specialty occupation,” requiring at least a bachelor’s degree.
              • E-3
                • • Reserved for individuals who are citizens of Australia working in a “specialty occupation,” requiring at least a bachelor’s degree.
              • B-1/B-2 Visas
                • • Reserved for individuals entering the US for business travel or tourism, who are not eligible for the Visa Waiver Program.

Need to Know More?

While there may not be a one-size-fits-all approach for immigration challenges, it is important to make sure you are taking proactive measures to protect against sudden regulatory change. Staying informed, planning ahead and strategic expertise is critical to ensuring a seamless experience.

For additional information on how best to plan for these changes within the  luxury industry, please contact Partner Rahul Soni at [email protected] or Senior Associate Heather Klein at [email protected].

This blog was published on 14 February 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.