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Despite President Trump’s earlier pledge to discontinue the H-1B visa program, his stance seems to be changing. Recently, he has expressed support for this program, acknowledging its benefits. His support of this program has left his backers feuding over it. While some are welcoming the move for economic development and innovation, others consider it a betrayal of his original immigration policy. Reach out to Kats Immigration Law to learn more about H-1B visa and how it can affect your petition. Updated immigration news helps you understand the political changes taking place and navigate the complexities of the H-1B process confidently.
The H-1B program was created by Congress in 1990 to overcome labor shortage. The main idea behind this law was to encourage exceptionally talented individuals, such as scientists, engineers, and educators, to the United States, enhance innovation, and strengthen the US workforce with highly skilled professionals from around the world.
However, since then millions of individuals have used the H-1B program not just to work temporarily but to settle permanently in the United States. This has sparked a debate over whether the program is still serving its original purpose or has become a pathway for long-term immigration, which is raising concerns about wage suppression and job displacement.
Read on to learn more about the H-1B visa program, how it works, why are Trump’s backers feuding over it, and what it could mean for the future of skilled workers in the United States.
The H-1B visa program is a non-immigrant work visa that enables US companies to hire foreign workers in specialty occupations that require theoretical or technical expertise. Mostly, these positions belong to the fields of IT, finance, engineering, medicine, and academics, for which American workers with similar abilities are not available.
To qualify for an H-1B visa, applicants need at least a bachelor’s degree or its equivalent in a specific specialty. There is an annual cap, and 65,000 new visas are available for US employers. However, 20,000 more visas can be granted based on legislative changes and some exceptions.
Employers submit a petition to the government on behalf of a foreign worker they want to hire, describing the job and qualifications of the person selected for it. The visa is valid for three years, but it can be extended. While the H-1B program offers temporary status in the United States, many employers sponsor workers with H-1B visas for a green card, which enables them to secure US citizenship in the long run.
Related: Which Companies Sponsor the Most H-1B Visas?
The H-1B visa program has become a point of argument among some of Donald Trump’s supporters, especially after the recent developments. During his election campaign, Trump talked about a sweeping crackdown on immigration, including the H-1B visa program that gives US companies a chance to hire foreign talent to come and work in the country.
Political allies have asked Trump to put restrictions on this program as they believe it is undercutting American workers and affecting the future of American professionals. According to them, granting new H-1B visas during this time of economic downturn will result in massive layoffs, and granting new H-1B visas under such circumstances only exacerbates unemployment issues in the long run.
On the other hand, some of Trump’s supporters are defending this program, asserting that it is addressing genuine labor market shortages in specialized areas. Even though he criticized this program in the past, now President Trump is saying that he supports the program and calls it a great program for attracting the best expertise from around the world. This has left his supporters divided over the H-1B visa.
Most workers who receive H-1B visas are software engineers, computer programmers, and others in the technology industry. Amazon, Google, Meta, Microsoft, Apple, and I.B.M. were among the companies that employed the most H-1B visa holders last year, USCIS reports.
It is essential to note that people coming on this visa are not only working in the IT sector. The recipients are also working in other professions, including education, healthcare, and manufacturing. There is no cap for each country, and a vast majority, between about two-thirds and just over three-quarters, of recipients come from India.
The idea that H-1B visa holders are replacing American workers is a complex and often politicized issue. Studies from reliable resources show that in many cases, H-1B workers complement American workers that results in better growth and market innovation.
The US Department of Labor has found that the overall impact on wages and job opportunities for native-born workers is small, though certain sectors and locations may experience more pressure. It is only when the program is misused or mismanaged, or employers use this program to hire cheaper labor from abroad rather than employing qualified U.S. graduates that it can affect local workers.
Critics complain that employers often use this program to hire workers who are willing to work on lower wages than local and there have also been instances where immigrants have been brought to do jobs that American workers were already doing. Thus, before sponsoring a foreign worker, employers must attest that they searched for qualified domestic candidates and that an H-1B worker will not adversely affect the wages and working conditions of American workers.
The Republicans are divided about how much tolerance the Trump Administration should have for immigrants brought into the country for H-1B visas. Business owners argue that the expertise the US companies need does not exist in America in sufficient quantity, and this is the main reason why H-1B visas are in high demand.
Trump signed an executive order in 2020 that temporarily suspended new H-1B visas. At that time, he said that these visas should go only to the most skilled and highest-paid applicants and must not be used to replace American workers. After a federal judge struck that order down, the Trump administration tightened the visas and required companies to pay higher salaries to H-2B holders. A federal judge also rejected some of those rules, including the salary requirement.
On various occasions, Trump has often said that he has used this program as a businessman. He told a newspaper that it is a great program, and he admits its benefits.
Related: Immigration Under Trump: 5 Key Changes in the First 90 Days
The feud over Donald Trump’s shift in views regarding the H-1B visa program can significantly affect the future of skilled workers in the United States.
It can lead to:
The feud over the H-1B visa does not seem to be ending anytime soon. It has pitted hard-line immigration opponents against some of Trump’s most prominent backers in the tech industry, who say they rely on the program due to a lack of qualified American workers.
Call Kats Immigration Law Firm today to learn more H-1B visa program and how it can benefit you whether you are an employer seeking top global talent or a skilled professional looking to work in the United States. Alina Kats and her team of experts help you understand the current immigration landscape and provide the best advice on available options to guide you in the right direction.