In the wake of Donald Trump’s recent election victory, anxiety is brewing among Silicon Valley’s immigrant workforce, particularly those on H-1B visas, who are uncertain about what a Trump administration will mean for their future in the U.S. For Sophie Alcorn, a well-known immigration attorney based in Silicon Valley, the past week has been a whirlwind.
Since Trump’s victory, her firm, Alcorn Immigration Law, has fielded hundreds of calls, emails, and messages from foreign-born tech workers, all worried about their immigration status and the future of their H-1B visas.
“People are asking, ‘Will I still be able to stay here? Is my job at risk? What’s going to happen to my family?'” Alcorn said. “Any immigrant feels a level of fear with Trump in office, especially with the policies his first administration pushed.”
Tech Workers Race Against Time to Secure Their H-1B Visas
For many H-1B visa holders, the uncertainty is compounded by Trump’s prior stance on immigration and his history of restrictive policies. During his first term, Trump’s administration implemented “extreme vetting” policies, which significantly increased denial rates and made visa renewals less predictable. By fiscal year 2018, denial rates for H-1B visas had risen to a record 24%, compared to just 6% in 2015. Although denial rates eventually fell to 2% by 2022, tech workers worry that renewed restrictions could once again disrupt their lives.
To minimize the potential risk, foreign-born tech workers are scrambling to complete their visa paperwork before Trump’s inauguration on January 20. Those who can afford premium processing are pushing to expedite their cases, hoping to receive a response from U.S. Citizenship and Immigration Services (USCIS) within two weeks, securing their H-1B status before any policy changes take effect.
Tech Workers Concerns Over Trump’s Relationship with Silicon Valley Leaders
One of the questions looming over the tech industry is whether Trump’s ties to certain Silicon Valley figures will mitigate the impact of his policies on H-1B holders. With notable tech leaders like Elon Musk backing him and vice president-elect JD Vance’s connections to the tech industry, some believe there may be a buffer for highly skilled tech workers. However, the unpredictability of immigration policy changes has left many reluctant to rely on speculation.
Travel Cautions for H-1B Tech Workers
Elizabeth Goss, an immigration attorney based in Boston, has also seen an uptick in inquiries since the election. Unlike the frenzy following Trump’s travel ban in 2017, this time the anxiety is more controlled. “People are asking whether it’s safe to travel over the holidays or if they should avoid international trips until things settle,” Goss noted. Her advice has been straightforward: “If you travel, return to the U.S. before January 6 to avoid any potential complications.”
The H-1B visa program, which grants only 85,000 visas annually to highly skilled workers, has always been competitive. For those from countries with long green card backlogs, like India, the H-4 visa—which grants work authorization to spouses of H-1B holders—has been especially critical. However, under Trump’s first term, the H-4 visa’s future came into question, leaving spouses worried about whether they would still be allowed to work.
Companies and Attorneys Advise Swift Action
Corporate immigration lawyers are advising clients to take precautionary steps. Blake Miller, a partner at the law firm Fragomen, Del Rey, Bernsen & Loewy in Irvine, California, shared that his clients are exploring all available options to secure their employees’ immigration status in the U.S.
“Companies are looking at employees whose visas are set to expire in the next year and a half, and if eligible, pushing for renewals now,” Miller explained. “In some cases, a recent promotion or change in job role can enable an early renewal for an additional three years, giving employees a buffer period.”
Many tech companies, which employ foreign-born tech workers to advance software, AI, and other high-tech projects, are proactively identifying employees who may face visa issues in the coming months. This includes exploring discretionary green cards, such as the EB-1 visa for “extraordinary ability,” which can be processed faster than standard employment-based green card applications.
“A Political Football”: The Fragile Future of H-1B Visas
For many years, the H-1B visa program has been a point of contention in U.S. politics, frequently debated as either an essential asset for innovation or a challenge to American job seekers. Xiao Wang, co-founder and CEO of Boundless Immigration, pointed out, “The H-1B visa is a political football, kicked around in policy debates, blamed, and celebrated. The program’s uncertain future affects highly skilled tech workers but also fresh graduates who are no longer confident they’ll find employers willing to take on the complex and costly visa process.”
Trump’s administration could tighten requirements for H-1B holders by raising wage thresholds or adding more layers of scrutiny. Some fear these changes could disproportionately impact recent graduates, as employers may hesitate to pay higher salaries for entry-level positions. This may limit opportunities for recent graduates hoping to gain experience at top U.S. tech companies.
Looking Ahead: Immigration Policies Under Scrutiny
As Trump prepares to take office, Silicon Valley and the broader tech industry are bracing for potential immigration policy changes. Companies and legal experts are watching closely to see how Trump’s approach to H-1B and related visa programs will develop. Should restrictive measures return, the tech sector could face slowed innovation as companies struggle to attract and retain skilled foreign-born tech workers. For now, however, the rush is on for H-1B holders to secure their statuses and reduce the uncertainties of the next four years.
“We’re advising clients to file as quickly as possible and prepare for potential slowdowns,” said Miller. “If past trends are any indication, restrictive policies could challenge the tech industry’s access to international talent. And while companies may initially hold steady on hiring foreign-born workers, sustained policy changes could eventually cause them to rethink their approach.”
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