The breakneck speed with which the new Trump administration has implemented changes to the nation's immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has been immune to those impacts, but the high-tech sector, which has long been reliant on foreign professional skilled workers, is particularly impacted. How will these changes affect the high-tech sector's future?
What are Workplace Visas?
H-2B Visa Program:
The H-2B visa program allows U.S. employers to temporarily employ nonimmigrant workers in non-agricultural jobs.
Using the first Trump administration as the measuring stick, we can expect the following developments to unfold for the remainder of 2025 and beyond:
Increased Inspections of H-1B Worksites
The news has given extensive attention to the federal government’s increased ICE (Immigration and Customs Enforcement) raids to gather and deport undocumented workers, and we’ve also seen an uptick in audits of Form I-9s. The hi-tech sector rarely faces these kinds of issues since their workforce is mainly composed of highly skilled professionals within engineering, finance, and white-collar management.
Workplace Visas
The H-1B is the most common type of employment sponsorship leveraged within the hi-tech industry. Many hi-tech companies from large, publicly traded organizations to small start-ups hire H-1B workers. A majority of the H-1B sponsored workers are some of high-tech’s most critical engineers. With the U.S. adding 85,000 new H-1B employees to the workforce every year, there is no doubt this has been a valuable resource for high-tech employers that cannot find enough qualified U.S. workers to fulfill these roles.
F-1 and J-1 Student Visa: The most common visa for international students, requires proof of admission, financial stability, and intent to go back home after graduation. These student visa rules are subject to change under different administrations, impacting the eligibility and application process for international students.
Recent statements by Trump advisors Elon Musk and Vivek Ramaswamy, along with President Donald Trump himself, suggest the second Trump Administration may take a more favorable stance on H-1B visas compared to the “America First” approach of the past. This was initiated when Musk and Ramaswamy provided this flexibility option because they used the Visa program to gain citizenship.
President Trump has eliminated CBP One, an app that granted appointments, based on a lottery system, to 1,450 people per day at one of eight border crossings. Individuals granted appointments were "humanely paroled" into the United States pursuant to presidential authority.
Once in the United States, these individuals were permitted to apply for work authorization, and they often also apply for asylum. It is unclear if individuals currently in the United States pursuant to Biden-era humanitarian parole, which protects them from deportation, will be able to renew their parole and work authorization.
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