Why Immigration Anxiety Is an HR Issue in 2026
International employees facing visa uncertainty experience significant mental health impacts, including anxiety, sleep disruption, and difficulty concentrating at work. As of early 2026, proposed H-1B fee increases, new wage-based selection rules, and higher RFE rates have intensified anxiety among sponsored employees. HR leaders play a critical role in reducing this stress through clear communication, manager training, and access to support resources.
Executive Summary
- Problem: Immigration uncertainty is causing significant anxiety among international employees. This affects their well-being, productivity, and retention.
- Impact: Anxious employees are less engaged, more likely to seek other opportunities, and may struggle to perform at their best. A 2025 WayLit survey found that 68% of international employees experience elevated stress during visa renewals.
- HR's Role: Provide clear communication, train managers to respond appropriately, connect employees with EAP and immigration resources, and create psychologically safe environments.
The Mental Health Impact of Visa Uncertainty
Immigration stress is different from typical workplace stress. It affects not just the employee but their entire family. Spouses on dependent visas may lose work authorization. Children face potential school disruption. The stakes feel existential.
Common impacts reported by international employees:
- Difficulty concentrating due to constant case monitoring
- Sleep disruption from anxiety about status
- Reluctance to take PTO or travel due to re-entry concerns
- Fear of speaking up at work due to perceived job vulnerability
- Relationship strain from prolonged uncertainty
HR teams who recognize these impacts can respond with appropriate support.
What HR Leaders Are Responsible For
Your immigration attorney handles legal matters. Your job is to create an environment where international employees feel supported, informed, and psychologically safe.
Clear and Consistent Communication
Uncertainty breeds anxiety. The less employees know, the more they worry.
What to communicate:
- Current status of their case (filed, pending, approved)
- General timelines for processing (while noting USCIS unpredictability)
- What the company is doing to support them
- Who to contact with questions
How to communicate:
- Proactively, not just when employees ask
- In writing, so employees can reference it later
- With empathy, acknowledging the stress they're experiencing
Sample language:
"I know the current immigration environment is creating uncertainty. I want you to know that [Company] is committed to supporting your case through completion. Your extension was filed on [date] and is currently pending with USCIS. Processing times are running [X-Y months]. I'll update you as soon as we hear anything. In the meantime, please reach out if you have questions or concerns."
Train Managers to Respond Appropriately
Managers are often the first point of contact when employees are stressed. But many managers don't know how to respond to immigration-related anxiety.
Train managers to:
- Listen without offering legal advice
- Acknowledge the stress without minimizing it
- Direct employees to HR or immigration counsel for case-specific questions
- Avoid making promises about outcomes
- Be flexible with workload during high-stress periods (case filing, RFE response, interview prep)
Train managers to avoid:
- Speculating about case outcomes
- Sharing information about other employees' cases
- Making comments about "backup plans" or "what if it doesn't work out"
- Treating immigration status as a performance management issue
Connect Employees with Resources
Employee Assistance Programs (EAPs): Most EAPs include mental health counseling. Remind international employees that EAP services are confidential and available to them. Some EAPs offer counselors experienced with immigration-related stress.
Immigration support access: Employees often have questions between major case filings, but traditional law firms typically only engage during active petitions. Consider providing year-round immigration support so employees can get answers when anxiety spikes, not just during filing windows. Platforms like WayLit offer ongoing guidance for foreign national employees throughout the year, reducing the burden on HR while giving employees a trusted resource for status questions, travel concerns, and timeline updates.
Peer support: Consider connecting international employees with others who have been through similar processes. Peer support can reduce isolation and provide practical coping strategies.
Create Psychological Safety
International employees may hesitate to speak up about concerns because they feel vulnerable. They may worry that raising issues will affect their sponsorship or job security.
Create safety by:
- Explicitly stating that immigration status does not affect performance evaluations
- Encouraging employees to raise concerns without fear of retaliation
- Treating immigration conversations as confidential
- Including immigration-related stress in DEI and well-being discussions
- Reminding managers not to collect or store visa information outside approved HR systems to protect privacy and reduce liability
Specific Situations and How to Respond
Employee Receives an RFE
What they're feeling: Fear that their case will be denied. Anxiety about timeline extension. Confusion about what went wrong.
How to respond:
- Reassure them that RFEs are common and most are resolved successfully
- Confirm that the attorney is handling the response
- Provide a realistic timeline (60-90 day extension)
- Check in regularly until the case is resolved
Employee Is Stuck Abroad Due to Consular Delays
What they're feeling: Isolation from team. Fear of losing their position. Frustration at circumstances beyond their control.
How to respond:
- Enable remote work if possible
- Maintain regular communication (don't let them feel forgotten)
- Be clear about what the company is doing to support their return
- Address their concerns about job security directly
Employee Is Anxious About Upcoming H-1B Lottery
What they're feeling: Uncertainty about whether they'll be selected. Fear of having to leave if not selected.
How to respond:
- Be honest about lottery odds without catastrophizing
- Discuss contingency planning (Can they work remotely from abroad? Are there alternative visa paths?)
- Commit to supporting them through the process
- Follow up after lottery results, regardless of outcome
Employee's Spouse Loses EAD Work Authorization
What they're feeling: Financial stress. Guilt about impact on family. Resentment about system limitations.
This situation primarily affects H-4 and L-2 spouses whose EAD eligibility depends on the primary visa holder's status and pending green card applications.
How to respond:
- Acknowledge the impact on the whole family
- Explore whether any company benefits can help (spousal job placement assistance, financial counseling)
- Connect them with EAP for family counseling if needed
Building Immigration-Aware Well-Being Programs
Consider integrating immigration awareness into your broader employee well-being strategy:
- Include immigration stress in mental health awareness campaigns. Many employees don't realize their feelings are normal responses to an abnormal situation.
- Offer flexibility during high-stress immigration periods. Filing deadlines, RFE responses, and consular interviews create acute stress. Flexibility during these periods shows support.
- Survey international employees about their experience. Anonymous surveys can reveal gaps in support and communication.
- Include immigration in manager training. Don't assume managers know how to handle these conversations.
HR Checklist: Supporting International Employees
- Communicate case updates regularly and proactively
- Train managers on immigration sensitivity and appropriate responses
- Promote EAP access and mental health resources
- Provide year-round immigration support (not just during filings)
- Support flexibility during filing periods, RFE responses, and interviews
- Reaffirm confidentiality of immigration conversations
- Store visa information only in approved HR systems
Frequently Asked Questions
Should we tell employees about policy changes that might affect them?
Yes. Proactive communication reduces anxiety more than silence. Even if you don't have all the answers, acknowledging the situation shows you're paying attention and care about their well-being.
What if an employee's anxiety is affecting their performance?
Approach it as a support issue, not a performance issue. Connect them with EAP resources. Consider temporary workload adjustments. Address performance only if support efforts don't help.
How do we balance transparency with not making promises?
Be honest about what you know and what you don't. Avoid guarantees about case outcomes, but be clear about your commitment to supporting them through the process.
Should international employees be included in layoff decisions differently?
This is a legal and ethical question beyond HR's scope alone. Consult with legal counsel. But be aware that layoff decisions affecting sponsored employees have immigration consequences (60-day grace period, potential need to leave the country).
Key Takeaway
Immigration uncertainty is a well-being issue. HR leaders can't control USCIS processing times or policy changes, but you can control how you communicate, how you train managers, and what resources you provide. Clear communication, psychological safety, and access to support make a meaningful difference for employees navigating an uncertain system.
Take Action Now
Now is a good time for HR teams to review how immigration updates are communicated and ensure your EAP and manager training materials reflect current stressors. Before the next H-1B season, audit your support systems and identify gaps in communication, training, or resources.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Consult with qualified professionals for guidance on specific situations.
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