Apple and Google have told employees on US work visas not to leave the country. The technology giants issued alerts following reports that some visa holders were being turned away at US airports and borders despite holding valid papers. These warnings came after multiple incidents where individuals on work visas were either denied entry or faced hours of questioning by border agents, despite their documents appearing in order.
Tech Workers Stuck Outside the US After Problems at the Border
Immigration lawyers say at least a dozen tech workers have been stuck outside the US in recent weeks after border agents wouldn’t let them back in. The workers had gone on vacations or business trips and tried to return on valid visas.
A software engineer, a part of the staff at a major US tech company was arrested at San Francisco airport after he was questioned following his two-week visit to see his family. According to the information, he said border agents detained him for questioning for six hours and only after that, he was allowed to enter. He gave the information to the press anonymously due to his worries.
Immigration lawyers say they’ve never seen this much confusion about work visas. “The rules seem to be changing day by day,” said one lawyer who works with tech companies. “What was fine last week might not be fine this week.”
Companies Tell Workers Stay Inside the US
In an email to affected workers on Tuesday, Apple advised them to avoid international travel until things are clearer. Trying to get a grasp of the new rules, it could not promise its workers a guarantee of getting back into the country.
Google sent an email with virtually the identical message to employees the same day. “Out of an abundance of caution, we recommend that employees on US work visas avoid international travel at this time,” the email said.
Other tech companies, including Microsoft, Amazon and Meta, have talked internally about warning workers but haven’t sent official messages yet, people at the companies said. The travel warnings hit thousands of workers when Google and Apple each had tens of thousands on H-1B visas, which let US companies hire foreign workers for specialty jobs.
White House Says Nothing Changed
A White House spokesman said there had been no change in the visa regulations and accused the media of issuing “incorrect information” that was causing panic. “All visa holders with valid documents are being admitted as usual,” the spokesperson said, “Any delays at ports of entry are due to normal security screening.”
But immigration lawyers and visa holders say something unmistakably changed. Border agents are asking more questions, taking longer to check people and, in some cases, flat-out saying no to people with valid visas.
Or, this could be because the border agents are just reading the existing rules more stringently without any official policy change. Another speculation is that new internal guidance went out but wasn’t made public.
Tech Needs Foreign Workers
The warnings came at an inopportune time for tech companies that rely on foreign talent. About 70 per cent of H-1B visas go to workers in technology jobs, mainly software engineers and data scientists. Most H-1B visas go to Indian workers, followed by Chinese. Many have been in the US for years and are waiting for green cards, sometimes up to ten years or more because of country-specific backlogs.
Some are contemplating taking a risk and travelling anyway, while others have asked their companies to relocate them to other country offices for them not to face this uncertainty. The technology companies have remained relatively quiet about the issue publicly because it would obviously get the Trump administration angry. However, bosses are privately worried about what will ultimately be the result of all this on hiring and keeping foreign talent.
The H-1B visa program has been contentious for a long time. Critics say companies hire cheaper foreign workers through this program instead of American citizens. Supporters say there are not enough qualified American workers for all the technology jobs. Immigration lawyers are getting flooded with calls from anxious clients asking what to do. The standard advice now is don’t travel unless necessary, and even then be prepared for problems.
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