As of July 21, 2025, the relationship between Elon Musk and President Donald Trump has shifted in a way that could change the future of the H-1B visa program and U.S. immigration policy. This update explains what has changed, who is affected, the effective dates, what actions are needed, and what these changes mean for people with pending or future H-1B applications.
Summary of What Changed

The most important change is the public feud between Elon Musk and President Trump, which started on June 5, 2025. This argument began after President Trump signed a new economic bill that cut clean energy incentives. Elon Musk, whose companies like Tesla and SpaceX depend on clean energy and advanced technology, strongly criticized the bill. In response, President Trump threatened to end government contracts with Musk’s companies and asked Musk to leave his administration. Musk then announced the shutdown of SpaceX’s Dragon spacecraft program and claimed his support was key to Trump’s election win.
This public fight has raised new questions about the future of the H-1B visa program. Both Musk and Trump had previously agreed on the importance of the H-1B visa for bringing skilled workers to the United States 🇺🇸. Now, with their relationship broken, there is concern that President Trump may return to a stricter approach to H-1B visas, especially as his political supporters push for tighter immigration rules.
At the same time, a major update to the H-1B program—the H-1B Modernization Rule—took effect on January 17, 2025. This rule changed how the program works, including new forms, higher fees, and stricter enforcement. The future of these changes is now uncertain because of the Musk-Trump feud.
Who Is Affected
- Employers who hire foreign workers in specialty occupations, especially in technology, engineering, and science fields.
- Current H-1B visa holders who may be seeking extensions, transfers, or changes in employment.
- F-1 students in the United States 🇺🇸 who hope to transition to H-1B status.
- New H-1B applicants and their families planning to apply in the next lottery cycle.
- Companies in non-tech sectors that use the H-1B program, as they may face more scrutiny.
- Immigration attorneys and HR professionals who manage H-1B cases.
Effective Dates
- H-1B Modernization Rule: Effective January 17, 2025. All new H-1B petitions must use the new Form I-129 from this date forward. There is no grace period for using the old form.
- H-1B Lottery Registration for FY2026: Scheduled for March 7-24, 2025.
- Policy Uncertainty: The fallout from the Musk-Trump feud began on June 5, 2025, and could lead to further changes at any time.
Required Actions
For those involved with the H-1B program, here are the immediate steps to take:
- Employers:
- Use the new Form I-129 for all H-1B petitions. The latest version is required for any new or extension filings. You can find the official form and instructions on the USCIS Form I-129 page.
- Prepare for more documentation: The new rules require more detailed evidence that the job qualifies as a “specialty occupation” and that the worker meets all requirements.
- Expect more site visits and Requests for Evidence (RFEs): Under the new rule and possible stricter enforcement, employers should keep all records up to date and respond quickly to any USCIS requests.
- H-1B Applicants:
- Work closely with your employer: Make sure your employer is using the correct forms and providing all needed documents.
- Monitor your case status: Check for updates from USCIS and respond quickly to any RFEs.
- F-1 students: If you are moving from F-1 to H-1B, pay attention to new protections and requirements under the Modernization Rule.
- Pending Applications:
- Stay alert for policy changes: If you have a pending H-1B application, be aware that new enforcement actions or rule changes could affect your case.
- Consult with an immigration attorney: If you receive an RFE or notice of intent to deny, get legal advice as soon as possible.
Implications for Pending Applications
The current uncertainty means that pending H-1B applications could face more scrutiny, especially for jobs outside of core technology fields. If President Trump decides to return to stricter policies, there could be:
- More denials or delays: Especially for employers who cannot clearly show the job is a specialty occupation.
- Increased site visits: USCIS may visit more workplaces to check if employers are following the rules.
- Possible new restrictions: These could target outsourcing firms or companies in non-tech sectors.
Background and Historical Context
To understand why these changes matter, it helps to look at the history of the H-1B program and the roles of Elon Musk and President Trump.
- Trump’s First Term (2017-2021): President Trump took a tough stance on H-1B visas. His “Buy American, Hire American” order led to more denials and higher scrutiny. In 2018, denial rates for H-1B petitions reached 24%, compared to just 6% in 2015.
- Elon Musk’s Role: Musk, who once held an H-1B visa himself, has always supported the program. He says it is key for bringing the best talent to the United States 🇺🇸. In 2024, Tesla alone secured 724 H-1B visas. Musk’s companies, especially in artificial intelligence and engineering, depend on these skilled workers.
- Recent Policy Shifts: In late 2024, President Trump surprised many by saying he supported the H-1B program, likely influenced by business leaders like Musk. The Biden administration’s last major move was the H-1B Modernization Rule, which President Trump inherited when he took office in January 2025.
Current Policy Status
The H-1B Modernization Rule, which took effect on January 17, 2025, brought several important changes:
- Updated Definition of “Specialty Occupation”: The new rule clarifies what jobs qualify for H-1B status, focusing on positions that truly require a bachelor’s degree or higher.
- Revised Form I-129: All new petitions must use the updated form. Old versions are no longer accepted.
- Stronger Protections for F-1 Students: The rule makes it easier for international students to move from F-1 to H-1B status.
- Deference Policy for Extensions: USCIS will generally approve extension petitions if the original case was approved and nothing has changed.
- Increased Enforcement: There will be more site visits and checks to make sure employers are following the rules.
Practical Effects for Employers and Workers
- Employers must provide more evidence that the job is a specialty occupation and that the worker is qualified.
- Expect more Requests for Evidence (RFEs): USCIS may ask for extra documents before making a decision.
- Site visits will increase: Employers should be ready for unannounced visits from USCIS officers.
- Lottery registration for FY2026 is set for March 7-24, 2025. Employers must register during this window to be considered.
Trump Administration’s Approach After the Feud
Before the feud with Elon Musk, President Trump had softened his stance on H-1B visas. However, after their public argument, there is growing concern that he may return to a stricter approach. His political supporters are pushing for tighter rules, especially for outsourcing companies and non-tech employers. At the same time, Musk and other tech leaders are fighting to keep or even expand H-1B access for high-demand fields like artificial intelligence and engineering.
Stakeholder Perspectives
- Elon Musk: He continues to speak out for the H-1B program, saying that U.S. innovation depends on bringing in the best talent from around the world. His companies’ heavy use of H-1B workers shows how important the program is for high-tech industries.
- Trump Administration: President Trump is caught between business leaders who want more skilled workers and political supporters who want stricter immigration rules. The feud with Musk may push him to take a harder line, especially outside the tech sector.
- Tech Industry: Most tech companies strongly support the H-1B program. They argue that there are not enough skilled workers in the United States 🇺🇸 to fill all the jobs in fields like software, engineering, and artificial intelligence.
- Immigration Hardliners: Some groups continue to call for the H-1B program to be cut back or even ended, saying it hurts American workers by lowering wages and taking jobs.
Step-by-Step: H-1B Application Process for 2025
Here is a simple guide to the H-1B process under the new rules:
- Employer Registration: Employers must register for the H-1B lottery during the official window (March 7-24, 2025).
- Lottery Selection: USCIS randomly selects registrations to move forward.
- Form I-129 Submission: Employers whose registrations are selected must file the new Form I-129 with all required documents.
- Adjudication: USCIS reviews the petition. They may ask for more evidence (an RFE) if needed.
- Approval or Denial: If approved, the worker gets H-1B status. If denied, the employer can appeal or try again next year.
H-1B Modernization Rule takes effect
H-1B Lottery Registration for FY2026 begins
H-1B Lottery Registration for FY2026 ends
Public feud between Elon Musk and President Trump begins
Article published discussing implications of the feud
Future Outlook and Pending Developments
- Possible Policy Reversals: The Musk-Trump feud could lead to a rollback of the recent modernization efforts. This might mean tougher enforcement and new restrictions, especially for non-tech sectors.
- Industry Advocacy: Tech leaders, including Elon Musk, are expected to keep fighting for the H-1B program, especially for jobs in artificial intelligence and engineering.
- Regulatory Uncertainty: Employers and applicants should be ready for ongoing changes and unpredictability in how H-1B cases are decided.
Official Resources and Contacts
- For the most up-to-date information on the H-1B program, visit the USCIS H-1B Program Information page.
- For details on the H-1B Modernization Rule, see the Federal Register publication from December 18, 2024.
- For questions, contact the USCIS Contact Center at 1-800-375-5283.
What Should You Do Now?
- Employers: Review your hiring plans and make sure you are following the new rules. Prepare for more paperwork and possible site visits.
- Applicants: Stay in close contact with your employer and check your case status often. Respond quickly to any requests from USCIS.
- Pending Cases: Watch for policy updates. If you get an RFE or other notice, get legal help right away.
- F-1 Students: Learn about the new protections and requirements if you plan to move to H-1B status.
Key Takeaways
- The public feud between Elon Musk and President Trump has created new uncertainty for the H-1B visa program.
- The H-1B Modernization Rule, which took effect on January 17, 2025, remains in place for now, but its future is unclear.
- Employers and applicants should prepare for stricter enforcement and possible new restrictions, especially outside the tech sector.
- The next H-1B lottery registration is March 7-24, 2025. Use the new Form I-129 for all filings.
- Stay informed by checking official USCIS resources and consulting with immigration professionals as needed.
As reported by VisaVerge.com, the fallout between Elon Musk and President Trump could reshape the H-1B landscape, making it more important than ever for employers and applicants to stay alert and prepared for rapid changes. The coming months will be critical for anyone involved with the H-1B program, as policy decisions made now could affect the future of skilled immigration to the United States 🇺🇸 for years to come.
Learn Today
H-1B Visa → A US visa allowing skilled foreign workers in specialty occupations to work legally in the United States.
Form I-129 → The official USCIS form used by employers to petition for nonimmigrant workers, including H-1B visas.
Request for Evidence (RFE) → A USCIS notice requesting additional documentation to support a visa petition before approval or denial.
H-1B Modernization Rule → A 2025 regulation updating definitions, forms, fees, and enforcement procedures for the H-1B visa program.
Specialty Occupation → A job requiring at least a bachelor’s degree and specialized knowledge qualifying for H-1B visa eligibility.
This Article in a Nutshell
The Elon Musk-Trump feud threatens the future of the H-1B visa program. New rules require updated forms and stricter enforcement. Employers and applicants must prepare for changes amid increased scrutiny, pending litigation, and unsettled political dynamics surrounding this vital skilled-worker program in the US immigration system.
— By VisaVerge.com