New H-1B rule could add scrutiny for IT applicants

The H-1B, a visa designed for workers from overseas with specialized skills, continues to undergo additional scrutiny from the Trump administration, with a new policy that may heighten reviews for applicants who work in tech.

The US Department of State will now review the résumés or LinkedIn profiles of new and repeat H-1B applicants, as well as those of any family members traveling with them. These reviews will assess any involvement in “the suppression of protected expression,” Reuters reported. Applicants may be rejected if they are involved in activities such as “content moderation, fact-checking, online compliance and safety,” and more, according to Reuters. (NPR also confirmed this news.)

Cecilia Esterline, a senior immigration policy analyst at the Niskanen Center, a nonpartisan thinktank in Washington, DC, said the tech sector has been resilient in navigating immigration requirements, “but I think that there could be a breaking point where companies really have to decide if navigating this ever-changing and very unstable immigration environment is worth it, or if there are alternatives in other places.”

But there’s still time, right? Maxine Bayley, a partner at Duane Morris, an international law firm, said this new regulation is “already impacting clients.”

Bayley recalled how one client, traveling abroad to see his family, had to attend a visa-stamping appointment in his home country. The appointment, which was originally scheduled for December, was canceled and rescheduled to March. Bayley said the wording in the emailed notice “specifically noted that this was due to this new, extended vetting policy that was announced last week.”

Bayley’s client is now stuck outside of the US for months. “Their jobs, their lives, are in the United States,” Bayley said.

This new regulation “was implemented so swiftly and suddenly that companies haven’t had time to figure out a policy, or any types of policies, or even just guidance to employees traveling,” Bayley added. “This is something that companies now have to pivot and try to deal with and figure out a way forward with very little notice.”

What does this mean for the industry? The tech industry continues to snap up talent from abroad via the H-1B visa program. US Citizen and Immigration Services reported that top tech employers through this program included Meta, Microsoft, and Google, among others, in FY 2025.

Esterline believes the changes so far are “just small steps that they are taking to continue to put pressure on this program that is already under immense strain.” Companies are held liable for H-1B violations in many cases, she added.

H-1B applicants who don’t diligently keep their LinkedIn and social media up-to-date with their professional accomplishments could also be at risk, Esterline said: “There could lead to a discrepancy between what the employer is reporting to the US government and what is publicly available on LinkedIn, and that could lead to a lot of problems for people who are seen as having misrepresented information to the US government.”