The restrictions outlined in this policy do not apply to any individual, company, or industry if the Secretary of Homeland Security, using their discretion, finds that allowing such H-1B workers serves the national interest and doesn’t threaten U.S. security or welfare.

Essentially, the Secretary of Homeland Security has the authority to exempt particular individuals, companies, or even entire industries from the travel restrictions, subject to approval, thereby revealing a key motive of this proclamation.

The tech industry has long had a contentious relationship with Donald Trump, though he has managed to exert some control over it during his presidency. The administration has already compelled tech CEOs to compete in showing deference towards Trump. This tactic allows them to extract further concessions, as leaders like Satya Nadella might have to choose between paying steep visa fees or replacing thousands of skilled workers.

Major corporations like Meta, Microsoft, and Amazon benefit significantly from the H-1B program, but they’re not alone. Financial giants like JP Morgan Chase and Deloitte employ over 2,000 H-1B workers each, according to federal data. It wouldn’t be surprising if waivers were granted to these companies following strategic favors such as loans or donations to Trump’s MAGA super PAC, reflecting past tactics with law firms.

Colleges and universities also heavily rely on the H-1B program to recruit leading professors, particularly for programs in nursing and medicine. Notably, institutions like Harvard, which publicly sparred with the president in 2025, employ about 280 H-1B workers, while Columbia University has over 200. This situation empowers the White House to potentially pressure these schools by threatening their international staff and financial support.

This is the tariff mess all over again. Trump dangled the threat of a 100 percent tariff on chips, only to grant exemptions to companies that gave him a PR win by pledging even small investments in manufacturing in the US. And for all the White House’s talk about national security concerns surrounding Nvidia’s AI chips, a little kickback for the government is apparently enough to make those concerns disappear.

And the loophole undercuts potential benefits for anyone who does believe H-1B restrictions will help American workers — because as soon as Trump gets what he wants from an industry, he can simply exempt it.

Just like the tariffs, and just like everything else the Trump administration does, the new visa restrictions are transactional tools. If they happen to reduce the number of jobs going to foreign workers, the president can tout it as a win. But if the patterns of the past year hold, he’ll likely take far more satisfaction in universities and tech companies humbling themselves in exchange for a pass.