How US employers can protect immigrant tech workers

The ongoing protests in Los Angeles have pushed a national issue further into the spotlight: recent actions by the US Immigration and Customs Enforcement agency (ICE), including the detention of immigrants and, in some cases, the revocation of visas.

Naturally, immigration is a hot-button topic. But for companies with diverse workforces — particularly those employing foreign-born workers on H-1B visas — the priority is not to take a political stand, but to provide appropriate counsel and protection for affected employees.

Rajeev Madhavan, cofounder and general partner at Clear Ventures in Silicon Valley, notes that while these issues have not yet directly impacted the computer science and AI sectors where he invests, work visa approvals are taking longer than usual.

“The H-1B visa is a very impractical — or at the very least, unpredictable — process. As a result, when you hire someone on an H-1B visa, it may take much longer than you realize to get it,” he says.

This poses a challenge for the US startup and technology ecosystem, Madhavan says, pointing out that many tech founders are immigrants.

“They went to do some good work at places like Google, Meta, or any of these companies, and spend three, four years getting experience — getting their green card in the process — and then they turn to becoming an entrepreneur on some idea that they originate,” Madhavan says.

Of the 42 US-based companies appearing on Forbes’ 2025 list of the top 50 startups developing promising AI applications, for example, 60% were founded by people born outside the United States, according to the Institute for Progress. And new research from Stanford’s Venture Capital Initiative found that 44% of America’s billion-dollar startups were founded by immigrant entrepreneurs.

Because of the uncertainty around immigrants’ place in the US workforce under the Trump administration, Madhavan is seeing more talent either working remotely or launching ventures in other markets, such as Canada, China, and India. He’s concerned about the long-term implications of this shift.

“You will certainly have a lot more stringent rules that will be enforced, which is actually very sad — our leadership and technical background may get eroded in that process,” he says.

What Madhavan sees potentially happening on a national scale can also unfold within individual companies. We spoke with business leaders and legal experts about how to best support foreign-born talent, sustain a strong culture during turbulent times, and reinforce an employer brand that genuinely welcomes diversity.

Three rules: compliance, compliance, and compliance

Jean-Noël BenHamou, a licensed US and Canadian attorney and executive managing partner of BHLG, which specializes in global immigration law, explains that much of the online fear surrounding visa revocation and deportation stems from misinformation.

“The US immigration system is far from being perfect, but it is nevertheless based on the rule of law. And it does not just revoke visas without serious cause,” he says.

Because of this legal foundation, BenHamou believes maintaining immigration status is straightforward — if approached with diligence.

“When it comes to immigration, we have the same three rules: Compliance, compliance, and compliance. This is the name of the game,” he says.

Compliance can be a heavy burden for individual employees. “It’s hard to do your job and know foreign countries’ law at the same time,” says Thomas Sykstus, an attorney from Bond, Botes, Sykstus & Tanner.

To ease that burden, Sykstus recommends that companies offer proactive legal support, beginning with clear organization. For H-1B professionals, that means keeping thorough records — including approval letters, I-94 records, job offer letters, and pay stubs — readily accessible.

H-1B workers should be provided with copies of all such records, and companies should also be able to quickly produce these documents on behalf of their employees.

BenHamou stresses the importance of promptly reporting any changes in work status.

“If your role changes — whether it’s a promotion, whether it is a shift in responsibilities, whether it is a change in location, whether it’s a change from full-time to part-time — these changes must be reported,” he says.

While this might seem like a routine task, he notes, many workers fail to recognize the significance of such changes.

“If it is a material change, it needs to be reported. And if it is not clear whether or not it would be considered a material change, then in an abundance of caution, just disclose it,” he advises.

Another common misstep is violating visa terms through actions that may seem harmless. Moonlighting, for example, is common in the tech industry but is off-limits for H-1B holders.

“It technically is a violation of your visa conditions: You’re hired by the petitioning employer for that specific role, for that specific location. Anything outside of that, they haven’t sponsored you. That’s where the issue is,” says Sykstus.

While H-1B professionals should strive to stay in good standing with the law, BenHamou reassures them that not every minor infraction poses a risk to their visa.

“A regular parking violation is not going to get you in trouble. I think that any crime that would involve moral turpitude would definitely put you in big problems: for instance, DUI or reckless driving, causing death or severe injuries. These are the types of crimes that you want to stay away from, period,” says BenHamou.

ICE at the door

Despite following best practices, H-1B holders may still face visits from immigration authorities. BenHamou warns that site inspections by ICE or US Citizenship and Immigration Services (USCIS) may become more common.

“So employees should always have access to their original visa documents. Bring your passport to work. Bring your approval notice. Be prepared for any type of encounter,” he says.

Under intense pressure from the White House, ICE is significantly ramping up efforts to find and deport undocumented immigrants. That makes it more likely for people who are in the country legally to be mistakenly targeted, according to former ICE director Sarah Saldaña.

“You’re going to have [ICE agents] who are being pushed to the limit, who in a rush may not get things right, including information on a person’s status,” she told the New York Times.

Sykstus notes that while ICE visits are more common in blue-collar industries such as construction, they are still possible in tech settings.

In such encounters, he emphasizes, H-1B professionals should protect their rights. “Don’t speak with them. Don’t sign anything. Call an attorney first. Talk your options out,” he says.

Companies that employ H-1B workers should also be prepared, with HR and legal teams ready to quickly step in with documentation and legal counsel.

Employer responsibility beyond compliance

While legal compliance is critical, BenHamou emphasizes that immigration support shouldn’t stop at the letter of the law. For companies, the responsibility goes deeper. “It’s cultural, it’s ethical, and it’s strategic,” he says.

After an employee has fulfilled their I-9 requirements and completed onboarding, BenHamou believes their immigration status should be kept strictly confidential — limited to HR, senior leadership, and possibly their direct manager. He sees this discretion as a standard that should be embedded in the company’s culture.

He also stresses the importance of transparency with potential hires around what it takes to achieve permanent residency in the US. “Those individuals are putting their life on hold for 5 to 10 years before seeing the end of the tunnel,” he says, referring to current USCIS processing times for green cards.

Providing this clarity early on helps foster a healthier team dynamic.

“As an employer, by being transparent and open about what it takes to get there from the first minute you join the company, you’re facilitating their integration with their team and vice versa. You’re bringing cohesion within the team,” he says. 

Sykstus agrees that transparency is key. He recommends holding company-wide information sessions to explain how work visas like the H-1B function — not just under current law, but in anticipation of future policy changes.

“If you know something’s coming down the pipe, sitting on the president’s desk, who is likely going to sign it, and it will affect your [employee’s] immigration status, it’s probably important to get ahead of the ball there,” he says.

In light of recent instances in which visa holders who had traveled abroad were denied re-entry to the US, at least two major tech firms in Silicon Valley have advised H-1B holders to limit international travel, Sykstus says.

“Sudden policy changes and heightened border security could bar re-entry. So if you leave, you might have trouble coming back, [even] if you’ve already been here and have had no problems whatsoever,” he says.

This climate of uncertainty can understandably cause anxiety, not just for foreign workers, but also for teammates who rely on them and have formed friendships with them. Sykstus encourages companies to provide access to employee assistance programs or counseling services — whether in-house or through third-party providers — that include support for immigration-related stress.

Angelina Gennis, a principal analyst at Forrester, adds that companies must also be prepared for situations where, despite best efforts, an employee has to leave the US due to circumstances beyond the company’s control.

“However, what we can control is ensuring that our people are okay, even if they need to leave us — so what sort of resources we can offer legally if they do have to leave us to make sure that they get home safely,” she says.

Supporting diversity in turbulent times

Building a culture that supports global talent requires more than behind-the-scenes policy work — it must also be reflected in the company’s outward messaging. And that messaging must align with employees’ lived experiences, says Shahar Silbershatz, CEO of Caliber, a brand reputation analytics company.

“If international hires feel uncertain, unsupported, or in the dark about immigration processes, that story travels quickly and can undermine even the most well-intentioned DEI messaging,” he says.

According to Silbershatz, the solution lies in proactive and empathetic communication with employees. “That means explaining policy shifts in plain language, providing real support to impacted employees, and making your long-term commitment to diverse talent visible,” he says.

Gennis believes businesses should first zoom out and anchor the conversation in their brand values. “That way, the company is being consistent in the messaging,” she says.

Gennis also emphasizes the importance of equipping managers to lead these conversations with care. She advises training managers to engage employees thoughtfully, using intentional language, checking in personally, and ensuring team members understand both the process and where to seek support.

This alignment between managers and the company’s employer brand is especially critical for organizations recruiting globally for highly specialized roles, such as in artificial intelligence. Just like these workers’ skills, the employer messaging must be targeted and intentional.

Employers should be aware that internal communications around immigration policy may be leaked publicly, Silbershatz cautions. Leaders should “approach how they communicate any new policies with clarity and conviction, keeping employee well-being central to any messaging,” he says.

That emphasis on clarity and care feeds into a broader organizational responsibility — one that BenHamou believes must be embedded in the company’s culture and long-term vision.

“The goal is to build a workplace that does not just hire global talent — it’s to build a workplace that protects it, supports it, and thrives because of it,” he says.