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Donald Trump’s supporters are not happy with the immigration laws over the H-1B visa program that allows US-based companies to hire skilled workers from other parts of the world in certain industries. It is an ideal option for skilled professionals who seek to build their careers in the United States and live here. However, the controversies surrounding the program, the clashes, and the resulting policies and strict eligibility requirements have made the selection process highly competitive. Call Kats Immigration Law for experienced, personalized guidance and to find out more about your eligibility and chances of success.
H-1B is one of the most popular nonimmigrant visa programs in the US. It has played a crucial role in supporting the US economy by enabling employers to hire the best foreign workers in specialty occupations. Over decades, it has become a cornerstone for industries such as technology, healthcare, engineering, and finance as they can temporarily hire foreign workers for their technical or professional expertise. At the same time, this program has faced a lot of criticism. Trump’s supporters also believe that it has resulted in job displacement for American workers, wage suppression as well as misuse by outsourcing firms.
As the demand for highly skilled workers continues to increase and more companies seek to hire talented workers from all over the world, the clashes between Trump’s supporters and champions of this program also seem to be increasing. After President Trump’s return to office, immigration policy regarding high-skilled work visas is again a point of debate, and opponents are clashing over the impact of H-1B visas on US workers and their future.
Despite criticizing it in the past, the president has expressed his satisfaction with the program and says he has no plans to cease it.
Related: Top Visa Pathways for H-1B and F-1 Holders After Birthright Citizenship Ends
Read on to find out more about this program and why it generates so much attention, discussion, and controversy among policymakers, employers, and workers.
Since 2004, the number of new H-1B visas has been capped at 85,000 per year. Out of these, 20,000 are reserved for foreign students holding master’s degrees or higher academic qualifications from US universities. However, this cap does not apply to some institutions such as universities, think tanks, and other non-profit research groups, which means more than 85,000 visas are issued every year.
These visas are initially granted for three years, but the US government approves extensions for people who are already working in the country. Data from the USCIS reveals that over 386,000 H-1B applications were approved in the 2023 fiscal year (October 2022-September 2023). This includes almost 119,000 new H-1B visas and about 267,000 extensions to existing visas.
It is important to note that only individuals who have a job lined up with a US-based sponsor company or institution can apply for the H-1B visa.
During his previous tenure, President Trump signed an executive order to increase scrutiny of H-1B visa applicants. This order was aimed at enhancing fraud detection within the program, which led to massive rejection of applications. Although the Biden Administration strived to increase the number of visas, it remained low.
Data shows that the total number of approved applicants under the Biden Administration has been similar to that under Trump’s first. The demand is always more than the number of visas granted. There have been thousands of applications filed than approved. The USCIS effectively runs the H-1B program as a lottery to determine which applications will be considered for adjudication.
Since he took oath in January, Donald Trump has taken a multifaceted approach to the H-1B visa program. On one hand, he has his American First stance, but on the other, he stressed the need to attract global talent for US companies and their success.
Even after he has publically supported the H-1B visa program, the Trump Administration has been implementing stricter enforcement measures and reforms that could significantly impact its accessibility. USCIS has only selected 120,142 H-1B registrations for FY 2026, which marks the lowest number since 2021. This figure speaks volumes about the political tensions and different views on immigration policy within the new administration.
Experts are predicting huge fights between Trump supporters and tech companies and business groups as they continue to clash over the effectiveness of the H-1B visa program for American good. The balance between attracting global talent and protecting the American worker remains a key theme in political discussions.
The H-1B visa program helps US employers to hire highly skilled and talented foreign workers from around the world, particularly for occupations that require specialized knowledge.
Some of the top companies that rely heavily on H-1B workers include:
Specialized tech and engineering skills such as AI, chip design, and data science are short in supply. Thus, the vast majority of approved applicants work in science, technology, engineering, and mathematics. Even universities, research hospitals, and biotech firms sponsor H-1B workers for their research and development talent and postdoctoral scholars.
According to a report, the median yearly income of people who came to the US on an H-1B visa in FY 2023 was $118,000. The median yearly income for people in computer and mathematical occupations around the US is about $113,000, which is slightly less than those who are working in similar occupations on the H-1B program.
The median household income in the US is about $60,000 per year. The opponents of the H-1B program argue that foreign workers are taking over the jobs meant for Americans and undercut their salaries, but immigration lawyers and experts deny this.
A large number of H-1B visa holders earn more than the prevailing wage for their occupation, a figure that is decided by the Department of Labor after calculating the average wage paid to people employed in similar jobs in a particular part of the country. Experts have clarified that prevailing wages are not full labor market tests. They prove that H-1B visa holders are not impacting the rest of the workforce negatively.
The main reason companies end up hiring H-1B is that they are unable to find an American worker who is equally qualified. Companies that end up sponsoring foreign workers have to pay costs of $5,000 to $10,000 in addition to what they would have to pay an American worker. Additionally, they must also bear the costs of filing a petition and pay a lawyer’s fee.
Related: How to Select an Immigration Lawyer for Your H-1B Visa Application
No. The H-1B visa is itself not a threat to American workers. On the contrary, it can be a powerful tool for growth and advancement. However, when it is misused, mismanaged, or exploited, especially by companies that aim to cut labor costs, it can result in negative consequences for the segments of the US workforce.
Most of the controversy surrounding this program comes from how it is regulated and enforced. The key to making the most of this visa program lies in the proper implementation of fair wage standards, prioritizing high-skill, high-impact roles, and ensuring that the program complements the American work environment.
As the demand for high-skilled labor continues to increase, the H-1B visa remains a critical as well as a controversial matter. However, its benefits outweigh the concerns. For technology, healthcare, and engineering industries, access to international talent is not just a preference but a necessity.
While Trump’s supporters consider it a threat to American jobs, tech and business groups call it a necessity for innovation and competitiveness, especially for industries facing a talent shortage. Reach out to Kats Immigration Law Firm to learn more about the recent immigration policy changes and how they may affect your chances of finding a sponsor in the United States. Alina Kats offers expert guidance on H-1B visas, and employment-based immigration and helps you make informed decisions with confidence. She understands your concerns regarding the complex and rapidly changing immigration system and provides the best legal support to secure your future with the best option.