A lobbying effort has emerged among the tech industry and corporate interests, including the U.S. Chamber of Commerce, against President Donald Trump’s recent strict measures on visa overstays.
Recently, U.S. Citizenship and Immigration Services (USCIS) released a memo that emphasized that visa holders must apply for a green card at a consulate outside the U.S., in line with established immigration laws and court rulings.
USCIS spokesman Zack Kahler explained that the agency is aiming to help foreign nationals better navigate the immigration system. “We’re returning to the original intent of the law,” he stated.
Moving forward, foreign nationals who are in the U.S. temporarily must return to their home countries to apply for a green card, barring exceptional circumstances. This approach ensures our immigration system functions as intended, rather than enabling loopholes. By applying from their home countries, it reduces the likelihood of individuals choosing to remain in the U.S. illegally after being denied residency. [Emphasis added]
USCIS hopes this policy will help manage domestic visa overstays, noting that many individuals in the country illegally originally entered on temporary visas. Estimates from the Department of Homeland Security indicate that about half of the undocumented population overstayed their visas.
Kahler remarked, “Nonimmigrants, such as students and temporary workers, are in the U.S. for specific, limited periods. Our system is structured for them to return home afterward. Their time here shouldn’t serve as a path to a green card.”
Since this announcement, the U.S. Chamber of Commerce, the National Immigration Forum, and other corporate entities, particularly within the tech sector, have reportedly initiated efforts to advocate for foreign workers amid the new policy guidelines.
According to reports:
In the days following the announcement, several discussions took place among leading companies, industry organizations, and CEOs with officials from the White House and various governmental departments. This significant lobbying activity had not been previously disclosed, according to sources familiar with the conversations who requested anonymity. [Emphasis added]
The U.S. Chamber of Commerce was among those advocating heavily to government officials. Recently, the organization sought additional clarification on the policy, expressing concerns over its potential impact on employees. One source noted that there are growing worries among tech companies. [Emphasis added]
This strategy was shared by officials from the White House and Homeland Security. The policy memo aims to reinforce that immigration officials have the discretion to determine, on a case-by-case basis, whether a visa holder should go back to their home country for the green card application.
Jeremy Beck from NumbersUSA commented that the policy memo is essential for weakening the hold employers have over foreign visa workers.
“This guidance risks undermining the benefits employers have through programs like the H-1B visa,” Beck explained. “I think this highlights some of the ongoing issues with our nonimmigrant system.”
