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Chronicles

The story behind the story

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Forty-six top US companies including Apple, Google, and Twitter have filed an amicus brief supporting a legal challenge to block Trump admin's H-1B visa changes

- The move comes in the wake of the US administration's proposal to scrap the computerized lottery system to grant H-1B work visas …

Livemint Nandita Mathur

Context & Ripple Effects

This is the latest entry in a litigation playbook Big Tech has run since early 2017, when a 97-company brief opposing Trump's immigration ban drew Apple, Google, Facebook, Microsoft, Uber, Twitter, and Netflix into court filings as a group. The tactic resurfaced in January 2020, when Microsoft, Reddit, Twitter, and over 100 others signed on to block the administration's public charge rule.

What is new this time is the target: not an entry ban but the mechanics of the H-1B program itself — the proposal to scrap the computerized lottery that allocates skilled-work visas. That strikes directly at the hiring pipeline of the signatories, and later USCIS data confirms how concentrated their reliance is, with Amazon the top H-1B recipient every year from 2020 to 2024 and Google, Meta, Microsoft, and Apple all in the top ten by 2024.

First-order effects

  • The legal challenge to block the H-1B changes gains the backing of forty-six major employers — including Apple, Google, and Twitter — whose visa-dependent hiring would be immediately disrupted if the computerized lottery were scrapped.

Second-order effects

  • The coalition format itself compounds: each new filing lowers the cost for other large H-1B users like Amazon to join future ones, making corporate amicus participation a standing feature of US immigration litigation rather than a one-off.

Third-order effects

  • If administrations keep reshaping skilled-visa allocation by executive action, visa policy becomes a recurring bargaining chip between the federal government and the handful of companies that dominate H-1B usage — with allocation rules effectively shaping which employers can hire whom.

The trend: US tech giants are institutionalizing collective amicus briefs as their primary tool for contesting immigration policy, expanding from entry bans in 2017 to the allocation mechanics of skilled-worker visas by 2020.

Discussion

  • @policy @policy on x
    Today we joined industry peers and numerous organizations in filing an amicus brief that supports a legal challenge to block upcoming rule changes to H-1B visa eligibility. These rules will stifle the ability of American companies to hire and retain global talent.