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Tag: h-1b

  • Apple, Google and others tell some foreign employees to avoid traveling out of the country

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    Big Tech companies, including Apple, Google, Microsoft, and ServiceNow, have warned employees on visas to avoid leaving the country amid uncertainty about changing immigration policy and procedures.

    Following an attack on National Guard members in Washington, the Trump administration expanded travel bans earlier this month, and beefed up vetting and data collection for visa applicants. The new policy now includes screening the social media history of some visa applicants and their dependents.

    Soon after the announcement, U.S. consulates began rescheduling appointments for future dates, some as late as summer 2026, leaving employees who required appointments unable to return.

    “Please be aware that some U.S. Embassies and Consulates are experiencing significant visa stamping appointment delays, currently reported as up to 12 months,” noted an email sent by Berry Appleman & Leiden LLC, the immigration firm that represents Google. The advisory also recommended “avoiding international travel at this time.”

    Business Insider earlier reported on the travel advisories.

    Microsoft’s memo noted that much of the rescheduling is occurring in India, in cities such as Chennai and Hyderabad, and that new stamping dates are as far out as June 2026.

    The company advised employees with valid work authorization who were traveling outside the U.S. for stamping to return before their current visa expires. Those still in the U.S. scheduling upcoming travel for visa stamping should “strongly consider” changing their travel plans.

    Apple’s immigration team also recommended that employees without a valid H1-B visa stamp avoid international travel for now.

    ServiceNow, a business software company, similarly issued an advisory recommending that those with valid visa stamps return to the U.S.

    Microsoft declined to comment on its memo. Apple, Google and ServiceNow did not immediately respond to requests for comment.

    Companies warned that delays due to enhanced screening is for H-1B, H-4, F, J and M visas.

    H-1B is a high-skilled immigration visa program that allows employers to sponsor work visas for individuals with specialized skills. The program, capped at 85,000 new visas per year, is a channel for American tech giants to source skilled workers, such as software engineers.

    Big Tech companies such as Amazon, Google, and Meta have consistently topped the charts in terms of the number of H-1B approvals, with Indian nationals as the largest beneficiaries of the program, accounting for 71% of approved H-1 B petitions.

    H-1B visas are awarded through a lottery system, which its critics say has been exploited by companies to replace American workers with cheap foreign labor.

    In September, the Trump administration announced a $100,000 fee for new H-1B employee hires. But after severe pushback, it clarified that it applied only to employers seeking to use the H-1B visa to hire foreign nationals not already in the U.S.

    The H-1B program is an issue that has not only animated the right but also splintered it. Those on the tech-right, such as Elon Musk and David Sacks, are strongly in favor of strengthening skilled immigration, while the core MAGA base is vehemently opposed to it.

    Proponents of the program often highlight that skilled worker immigration made the U.S a technological leader, and nearly half of the fortune 500 companies were founded by immigrants or their children, creating jobs for native-born Americans.

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    Nilesh Christopher

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  • Opinion | ‘Does India Even Have Any Cards?’

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    Sadanand Dhume writes a biweekly column on India and South Asia for WSJ.com. He focuses on the region’s politics, economics and foreign policy.

    Mr. Dhume is also a resident fellow at the American Enterprise Institute in Washington, D.C. Previously he worked as the New Delhi bureau chief of the Far Eastern Economic Review (FEER), and as Indonesia correspondent for FEER and The Wall Street Journal Asia.

    Mr. Dhume is the author of “My Friend the Fanatic: Travels with a Radical Islamist,” (Skyhorse Publishing, 2009), which charts the rise of the radical Islamist movement in Indonesia. His next book will look at India’s transformation since the election of Prime Minister Narendra Modi in 2014.

    Mr. Dhume holds a bachelor’s degree in sociology from the University of Delhi, a master’s degree in international relations from Princeton University and a master’s degree in journalism from Columbia University. He lives in Washington, D.C. with his wife, and travels frequently to India.

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    Sadanand Dhume

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  • Trump asks Supreme Court to uphold restrictions he wants to impose on birthright citizenship

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    President Donald Trump’s administration is asking the Supreme Court to uphold his birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.Previous reporting: A legal win for birthright citizenship after Supreme Court setbackThe appeal, shared with The Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions are constitutional.Lower-court judges have so far blocked them from taking effect anywhere. The Republican administration is not asking the court to let the restrictions take effect before it rules.The Justice Department’s petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.Any decision on whether to take up the case is probably months away, and arguments probably would not take place until the late winter or early spring.“The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer wrote. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”Cody Wofsy, an American Civil Liberties Union lawyer who represents children who would be affected by Trump’s restrictions, said the administration’s plan is plainly unconstitutional.“This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order,” Wofsy said in an email.Trump signed an executive order on the first day of his second term in the White House that would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.In a series of decisions, lower courts have struck down the executive order as unconstitutional, or likely so, even after a Supreme Court ruling in late June that limited judges’ use of nationwide injunctions.While the Supreme Court curbed the use of nationwide injunctions, it did not rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The justices did not decide at that time whether the underlying citizenship order is constitutional.But every lower court that has looked at the issue has concluded that Trump’s order violates or likely violates the 14th Amendment, which was intended to ensure that Black people, including former slaves, had citizenship.The administration is appealing two cases.The U.S. Court of Appeals for the 9th Circuit in San Francisco ruled in July that a group of states that sued over the order needed a nationwide injunction to prevent the problems that would be caused by birthright citizenship being in effect in some states and not others.Also in July, a federal judge in New Hampshire blocked the citizenship order in a class-action lawsuit including all children who would be affected.Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers who are in the country illegally, under long-standing rules. The right was enshrined soon after the Civil War in the first sentence of the 14th Amendment.The administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

    President Donald Trump’s administration is asking the Supreme Court to uphold his birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.

    Previous reporting: A legal win for birthright citizenship after Supreme Court setback

    The appeal, shared with The Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions are constitutional.

    Lower-court judges have so far blocked them from taking effect anywhere. The Republican administration is not asking the court to let the restrictions take effect before it rules.

    The Justice Department’s petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.

    Any decision on whether to take up the case is probably months away, and arguments probably would not take place until the late winter or early spring.

    “The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer wrote. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

    Cody Wofsy, an American Civil Liberties Union lawyer who represents children who would be affected by Trump’s restrictions, said the administration’s plan is plainly unconstitutional.

    “This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order,” Wofsy said in an email.

    Trump signed an executive order on the first day of his second term in the White House that would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.

    In a series of decisions, lower courts have struck down the executive order as unconstitutional, or likely so, even after a Supreme Court ruling in late June that limited judges’ use of nationwide injunctions.

    While the Supreme Court curbed the use of nationwide injunctions, it did not rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The justices did not decide at that time whether the underlying citizenship order is constitutional.

    But every lower court that has looked at the issue has concluded that Trump’s order violates or likely violates the 14th Amendment, which was intended to ensure that Black people, including former slaves, had citizenship.

    The administration is appealing two cases.

    The U.S. Court of Appeals for the 9th Circuit in San Francisco ruled in July that a group of states that sued over the order needed a nationwide injunction to prevent the problems that would be caused by birthright citizenship being in effect in some states and not others.

    Also in July, a federal judge in New Hampshire blocked the citizenship order in a class-action lawsuit including all children who would be affected.

    Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers who are in the country illegally, under long-standing rules. The right was enshrined soon after the Civil War in the first sentence of the 14th Amendment.

    The administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

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