Why Microsoft, Google, Amazon warning H-1B visa workers to avoid international travel

Legal firms advising these companies have flagged a potential repeat of the high visa denial rates seen during Donald Trump’s first term, when H-1B rejection rates soared to 15% in 2018.

According to the report, Google and Amazon received counsel late last year from law firms urging visa-holding employees to reconsider travel plans, citing risks of being denied re-entry to the US.

The proposals to end birthright citizenship have deepened fears among foreign tech workers that their future children could face statelessness.

During Trump’s first term, H-1B denial rates spiked due to stricter definitions of “specialty occupations” and limits on third-party placements. The Biden administration saw denials drop below 3% after courts struck down many of Trump’s measures.

With his return to office, analysts predict a resurgence of tough policies, threatening the stability of foreign tech workers, many of whom face years-long green card backlogs, particularly those from India.

For thousands of international students who flock to US universities annually, the H-1B visa is a gateway to careers in Silicon Valley. Yet, the current climate of uncertainty has left them and their employers bracing for disruption.

Immigration attorneys have been conducting town halls and issuing guidance to employees at tech firms, advising them to carry immigration documents and avoid risky social media activity.

The H-1B visa programme, which allows 65,000 skilled workers annually to enter the US via a lottery system, is a lifeline for the tech sector. India dominates approvals, accounting for 73% of recipients in 2023, followed by China at 12%, according to a Pew report.

Amazon topped the list of H-1B sponsors with over 11,000 approvals in 2023, trailed by Google, Meta, Microsoft, and Apple.