US could lose talent to Canada, China, India, say tech giants in legal challenge to Trump’s visa freezes

Among those affected by the temporary ban are skilled foreign workers entering on H-1B visas, a visa type used by tech firms

The tech giants argue Trump’s proclamation could severely impact US businesses and is based on a ‘false assumption’ that it will protect US workers

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US President Donald Trump’s H-1B visa freeze affects the hiring of skilled workers, the tech firms say. Photo: AFP

Published: 11:52pm, 10 Aug 2020Updated: 8:49pm, 25 Nov 2020

US tech giants including Amazon, Apple, Facebook, Microsoft, Netflix, Twitter and others filed a legal brief on Monday backing a challenge to US President Donald Trump’s temporary ban on the entry of certain foreign workers to preserve jobs for Americans during the coronavirus pandemic.

In the brief, filed in a lawsuit brought in California by major US business associations, the companies argued that the visa restrictions will hurt American businesses, lead employers to hire workers outside the United States, and further damage the already struggling US economy.

Trump issued a presidential proclamation in June that suspended the entry of a range of foreign workers until the end of the year, a move his administration said would free up jobs for unemployed Americans amid the economic fallout of the pandemic.

Among those affected by the temporary ban are skilled foreign workers entering on H-1B visas and managers and specialised workers being transferred within a company on L visas – both visa types used by tech companies.

Trump’s ban also blocks seasonal workers entering on H-2B visas, with an exception for workers in food supply chain jobs.

In the brief filed on Monday, the companies argue Trump’s proclamation could do irreparable damage to US businesses, workers and the economy, and was based on a “false assumption” that it would protect US workers.