Immigration lawyers in the United States are advising foreign workers in the tech industry on visas to return to the country before President-elect Donald Trump assumes office on January 20, 2025. This cautionary advice follows concerns that the incoming administration might implement executive orders to restrict access to various work visas, particularly those widely used in the technology sector.
The New York Post reports that Mr. Trump has also pledged to reinstate a ban on individuals from Muslim-majority countries entering the U.S., a controversial policy he attempted during his earlier tenure. In anticipation of these developments, legal experts are recommending swift action to avoid potential complications for foreign workers.
“Storm is coming. And this time, we know exactly what it’s going to bring,” said Jason Finkelman, an immigration lawyer based in Texas, while speaking to Business Insider.
Mr. Finkelman highlighted the potential for Mr. Trump to reintroduce travel bans, similar to the ones he proposed during his first term. “I think it’s possible that Trump may attempt to impose travel bans from certain countries just as he did when he initially tried to implement travel restrictions. While I think travel bans will likely face challenges in the courts, it may lead to issues of US employers being restricted from hiring and retaining the foreign talent they need for their operations,” he explained.
This sentiment is echoed by a California-based immigration lawyer who has also been urging her clients currently traveling overseas to return to the U.S. before the inauguration. She expressed concerns about the possibility of new restrictions and their impact on visa holders.
Another legal expert speculated on the potential expansion of the travel ban to include additional countries, raising the question of whether China might be added to the list. “The wildcard for me is what happens to China,” the lawyer told Business Insider, reflecting on the broader implications of such a policy shift.
Among the most significant uncertainties for foreign tech workers is the fate of the H-1B visa program under the Trump administration. The H-1B visa allows U.S. companies to hire skilled professionals from other countries for specialized roles requiring specific expertise. For many foreign nationals, this visa serves as the primary pathway to work in the United States on a long-term basis.
However, the H-1B visa program has faced criticism from various quarters. Critics argue that it enables companies to hire workers at lower wages while providing fewer protections compared to American employees. Such concerns have fueled debates over its economic and social impact.
During Mr. Trump’s previous tenure, there was a marked increase in the number of H-1B visa applications that were denied. Additionally, his administration issued the “Buy American and Hire American” executive order, which directed federal cabinet members to propose reforms ensuring that business visas were awarded only to the most skilled or highest-paid applicants. This move was framed as an effort to protect American workers and prioritize their employment opportunities.
Foreign workers and their employers are now bracing for a repeat of such policies, which could complicate hiring processes and disrupt ongoing projects in the technology sector. Many companies in the U.S. depend on foreign talent to meet their specialized workforce needs, making the H-1B visa a critical tool for their operations.
As legal experts warn of potential travel bans and visa restrictions, tech professionals are closely monitoring developments to understand how the new administration’s policies might affect their careers and residency status in the United States. With
uncertainty looming, the advice to return before January 20 aims to safeguard foreign workers from unexpected policy shifts under the Trump administration.