Wall Street banks and tech companies big and small were scrambling Saturday to figure out how their tens of thousands of employees would be affected by President Donald Trump’s proclamation imposing a $100,000 fee for visas granted to skilled foreign workers.
The change set off immediate confusion over the exact rules and how they would be enforced. Shortly after Trump signed the proclamation Friday, employees at Microsoft, Amazon and JPMorgan received notices advising those with H-1B visas who were outside the United States to return before the new rules take effect at 12:01 a.m. Eastern time Sunday.
The Trump administration sought to address the confusion Saturday by saying that the fee would only apply to new applicants, and renewals or current visa holders would not be affected. In a post on social media, the White House said the change would “not impact the ability of any current visa holder to travel to/from the U.S.”
Still, many executives, general counsels and human resources departments, as well as their immigration lawyers, said they were coming down on the side of caution this weekend. Several companies and attorneys had urged workers to return to the United States as soon as possible. Many kept their eyes glued on the White House social media accounts for any pertinent clarification.
Bernhard Mueller, co-chair of the immigration practice group at Ogletree Deakins, said he had been flooded with calls from executives and corporate board members about the new rules and how to communicate with employees about them. “There’s a lot of question marks all over this,” he said early Saturday. “We are still flying in somewhat foggy conditions.”
Late Saturday, the U.S. Citizenship and Immigration Services issued a memo underscoring that Trump’s proclamation only applied “prospectively to petitions that have not yet been filed.”
Still, the policy change represents a significant overhaul of how the United States distributes what are known as H-1B visas. The visas, which play a crucial role in helping employers fill jobs in the tech industry and beyond, have been at the center of a deep immigration debate.
Immigration hard-liners contend that the visa program hurts Americans because companies have brought in foreign workers at lower wages, while many business leaders say the program helps U.S. companies stay competitive. White House officials said the policy change would help ensure that companies were giving priority to hiring domestic workers.
This article originally appeared in The New York Times.
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