Given the current economic crisis and other pressing issues facing the new president, sweeping immigration legislation is unlikely. Immigration policy in general is a contentious topic, so expect more piecemeal legislation as opposed to radical, across-the-board reform, as even in this economy there are areas where the shortages are not meeting our demographic needs, such as healthcare recruitment.

Some programs in need of reauthorization by March 6, 2009, however, will likely be extended under the new administration. These include the E-Verify program, Conrad 30 program for physicians working in medically underserved areas, EB-5 million-dollar investor program, and the Religious Workers program. Additionally, Obama has expressed support for a temporary increase in the H-1B visa program as a stopgap measure until immigration policy is overhauled to permit a greater number of foreign skilled workers to receive permanent visas to work in this country.

The extension of E-Verify is apt to include the appropriation of additional funds to make it more accurate and efficient. The Department of Homeland Security (DHS) is expected to step up its efforts to use the E-Verify system as a vehicle to police immigration compliance, in addition to pursuing criminal investigations and indictments against employers that knowingly employ illegal aliens. To that end, I-9 compliance and proactive review of immigration policies will be particularly important in the coming years.