FOLLOW US

The Department of Homeland Security is attempting to clarify a controversial new immigration policy that could force millions of foreign workers — including highly skilled tech professionals — to leave the United States before applying for green cards, triggering widespread confusion and concern across the industry.

The directive, announced Friday, would require most green card applicants to apply for permanent residency from outside the country, potentially causing years-long delays and major disruptions for employees and their families.

However, a USCIS spokesperson told Semafor that current H-1B visa holders and other high-skilled workers might be able to “continue on their current path” in the near term while the agency works to implement the changes.

“People who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path,” the spokesperson said.

The announcement sent shockwaves through Silicon Valley and beyond, with critics warning it could harm American innovation by making it harder to retain top scientific and engineering talent. LinkedIn co-founder Reid Hoffman called it a “harmful move for tech, business, and America broadly.”

Legal experts are already predicting swift court challenges, arguing the policy attempts to rewrite congressional intent through executive action.

This policy shift reveals the Trump administration’s continued aggressive stance on immigration reform, aiming to close what it sees as loopholes in the system. While the clarification offers some temporary relief for existing H-1B holders, the broader message is clear: the rules of the game are changing, and high-skilled immigrants could face greater uncertainty in the years ahead.

For American companies reliant on global talent, this creates a new layer of risk at a time when competition for top minds in AI, engineering, and other critical fields is fiercer than ever. Whether this move ultimately strengthens or weakens U.S. competitiveness remains one of the most hotly debated questions in Washington.

As legal battles loom and implementation details emerge, millions of workers and their employers are left wondering exactly where they stand in the evolving immigration landscape.