Sowing confusion: Trump signs an executive order to overhaul the H-1B visa programme. The move prompted companies and immigration lawyers to urge current visa holders to be careful. — Bloomberg
NEW YORK: The US tech sector and other companies rushed to warn employees with H-1B visas against foreign travel as they responded to the chaos created by president Donald Trump’s move to slap a US$100,000 application fee on the widely used programme.
Microsoft Corp, Alphabet Inc, Amazon.com Inc and other tech companies sent messages to affected employees telling them to return to the United States last Saturday and cancel any plans to depart the country after the White House said last Friday that the new rules would go into effect yesterday.
A White House official clarified last Saturday that the fee only affects new visas – not renewals or current visa holders – and will be applied in the upcoming lottery cycle.
Later last Saturday afternoon, a White House account on X posted a message saying that Trump’s announcement doesn’t apply to current visa holders. It added, “The Proclamation does not impact the ability of any current visa holder to travel to/from the United States.”
Even so, the uncertainties surrounding how the change will be applied and enforced caused confusion and consternation across corporate America and is prompting companies and immigration lawyers to urge current visa holders to be careful.
Microsoft told its employees that it understands “these developments are creating uncertainty for many of you”. It added, “While we don’t have all the answers right now, we ask that you prioritise the recommendations above.”
Several visa holders said the changes are disruptive and upsetting. Lawrence, 34, was set to move from Britain to the Bay Area on Monday to start his new job in engineering.
By the time the executive order was signed, he had everything packed, he had sold his car, put his house for rent and said goodbye to all of his loved ones in Britain.
Lawrence, who doesn’t want to include his last name and company name for fear of retaliation, was advised by his company’s immigration lawyers to stay put in Britain until they have more information.
One Google employee who asked for anonymity described canceling a trip to Tokyo to visit family because of the White House announcement.
Amazon also warned holders of H-4 dependent visas, which are for spouses and dependents of H-1B visas, to remain in the United States.
The H-1B visa programme is used heavily by the tech sector, which uses the visa programme to bring in skilled workers from abroad. Finance companies and consulting firms also use the programme.
Companies with the greatest number of H1-B visas are Amazon, Tata Consultancy Services Ltd, Microsoft, Meta Platforms Inc and Apple Inc, according to the US government.
JPMorgan Chase & Co and Walmart Inc rank eighth and ninth, according to US government data.
Each year, employers file petitions by March for a lottery in April, with 65,000 visas available plus 20,000 for US master’s graduates. This year, over 470,000 applications were submitted, and approved workers can start Oct 1.
Ernst & Young LLP told its visa holders to return last Saturday to the United States.
“Our continued guidance is to limit international travel where possible regardless of visa type,” the email said, noting that further changes and travel restrictions are possible.
The companies declined to comment or didn’t respond to requests for comment on their visa advice.
Walmart issued similar guidance in a memo to employees, adding it was continuing to “interpret recent changes to H-1B visa policy” and sharing guidance “out of an abundance of caution”.
The company wrote that “until the situation and intention of the executive order was clear”, it recommended that employees holding the visas not depart the United States.
Rakhel Milstein, an immigration lawyer who founded Milstein Law Group, said she expects “complete chaos” after spending all night on calls with visa holders at tech firms, non-profit groups and other companies.
“We have clients who have just gotten their visa stamps at the consulates in India, and now they’re going to get their passport back by today,” she said.
“Does this mean they can’t come back?”
Milstein said she expects that the new policy will be challenged immediately in court and that a swift injunction is likely.
Current H-1B visa holders said they’re deeply unsettled by the changes to the programme.
Erika L, who is from an Asian country and works in finance in the greater New York City area, asked for anonymity to discuss the announcement.
“I feel like at this moment I’m kind of a little bit lost and not sure about how this policy will apply to people who already got their visa,” she said.
“If it doesn’t work out, I was just telling my friends, it’s okay, I may just move to Europe, move to Asia for work.
“I have already lived here for almost 10 years, so I think it’s really hard to just suddenly ask me to leave this country because I am not mentally prepared to leave everything that I have known for 10 years,” she added.
The Trump administration cast the changes as part of a broader plan to bolster legitimate applications while weeding out abuses.
But companies are quietly worried that the US$100,000 price tag will prove unsustainable for their hiring needs.
In speaking to reporters last Friday, Trump brushed off a question about whether technology company executives would be concerned with the action.
“I think they’re going to be very happy. Everyone’s going to be happy.
“And we’re going to be able to keep people in our country that are going to be very productive people,” Trump said.
“And in many cases these companies are going to pay a lot of money for that and they’re very happy about it.” — Bloomberg
