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US Immigration Policy
The new directive from the U.S. Department of Homeland Security (DHS) requires applicants for permanent residency, including Spanish professionals with temporary visas, to return to their home countries to complete the process. This measure creates considerable legal and operational uncertainty for Spanish companies with employees abroad.
The President's Administration Donald Trump has implemented a drastic change in the process of obtaining permanent residency in Estados UnidosKnown as 'green card'As confirmed by Department of Homeland Security (DHS)Most applicants who are in the country on temporary visas will have to leave Estados Unidos and submit the application from their countries of origin. The news, first reported by media outlets such as BBC, The Guardian y The New York TimesThis potentially affects hundreds of thousands of foreign professionals, creating a new scenario for the management of international talent in Spanish companies with a presence in the North American market.
Until now, many professionals with work visas such as the H-1B or L-1 (for intracompany transfers) could initiate a "status adjustment" process without leaving the country. The new regulations eliminate this possibility for a large number of cases, forcing a return that can last for months, creating a situation of legal and personal uncertainty for the employee and a logistical and operational challenge for the company.
Direct consequences for Spanish companies in the USA.
International mobility experts consulted by Empresa Exterior They warn that this measure introduces considerable complexity into strategic human resource planning. "The main problem is the disruption," notes one analyst. "A Spanish company that depends on a manager or a specialized technician in its subsidiary..." Miami o Nueva York Now he faces the prospect of that person having to return to España for an indefinite period, without a clear guarantee regarding the timeframes for resolving their case."
The main impacts on the Spanish business sector are:
- Risk to talent retention: The requirement to temporarily uproot employees and their families may discourage key professionals from continuing their career plans in Estados Unidos.
- Increased logistical and legal costs: Companies will have to assume not only the costs of the consular process abroad, but also those derived from the temporary relocation of the employee and the possible hiring of a temporary replacement.
- Operational disruption: The absence of qualified personnel in management or technical positions can affect business continuity, project completion, and customer relationships in the US market.
This regulatory change represents a shift from practices established over decades and aligns with the current administration's more restrictive immigration policy. Trump.
| Concept | Previous Situation | New Regulations (Administration Trump - 2026) |
|---|---|---|
| Application Location | Possibility of "status adjustment" within EE.UU. | Mandatory to apply from the country of origin in most cases. |
| Job Security | The employee could continue working at EE.UU. during the process. | The employee must leave the country, interrupting their in-person activity. |
| Impact on the Employer | Less operational disruption and controlled costs. | High uncertainty, higher logistics costs, and risk of losing key talent. |
Implications for bilateral trade and investment
Beyond personnel management, the measure could have a chilling effect on the internationalization strategy of some Spanish companies. The difficulty in guaranteeing the stability of management and technical teams in Estados Unidos This could be a factor hindering future investment or expansion projects. "Talent mobility is a pillar of global business. If it becomes this complicated, the competitiveness of subsidiaries suffers," the experts consulted concluded.
Key points and frequently asked questions about the new 'green card' regulations in the U.S.
How does this measure directly affect my Spanish employees with H-1B visas in the U.S.?
If your H-1B visa employee starts the process to obtain a 'green card', it is now very likely that they will need to return to España to attend the consular interview and await final approval there. This involves an interruption of their work in EE.UU. for a period that could be several months, generating great uncertainty.
What operational risks does this pose for my subsidiary in the United States?
The main risks are the project disruption due to the absence of key personnel, the loss of continuity in management and the unexpected cost increases These costs are related to travel logistics, legal advice, and the potential need to temporarily fill the position. In the long term, this could affect the ability to retain top Spanish talent in the US market.
What should Spanish companies do immediately?
It is recommended to carry out a urgent audit of immigration status of all expatriate employees in Estados UnidosIt is crucial to contact specialized immigration lawyers to evaluate each case individually and design a strategy. contingency plans that minimize the operational impact and offer certainty to the affected personnel.
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