Amidst the debate over key policy concerns is the repatriation of American workers
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In the months following the controversy, President Donald Trump issued a statement in September calling for systematic abuse of the H-1BI VISA program, which he said was being replaced by our economic security and “putting us down.”
To deal with this, Trump established a $ 100,000 fund for companies that want to get a V-1B Visa, a move widely criticized by business leaders, especially in the technology industry.
The debate over the program has divided the American public and the GOP, with one shield saying the visas are for visa holders who are hunting American jobs and the other is essential to it.
So, what are H-1B visas, and why have they become a political flashpoint?
Trump Admin unveils more than 100 investigations into H-1B abuses as it deploys ‘every resource’ to protect US jobs
President Donald Trump signs an executive order in the Oval Office of the White House in Washington, DC, on Friday. 19, 2025. (Aaron Schwartz/CNP/Bloomberg/Getty Images)
What is an H-1B visa?
The H-1B visa is an immigrant entry visa that allows companies in the US to hire skilled foreign workers for specialized jobs for an initial period of three years, which can be extended for six years.
The US PATIENTSHIP AND FREE ANALYSIS website states that the visas are intended for individuals of “distinct character and ability.” Individuals must have at least a bachelor’s degree in a relevant field.
What industries are H-1B visas common for?
By far the industry that uses the most H-1B visas is the technology sector, which accounts for about 60 to 70 percent of all recent new applications.
Other top industries include consulting and professional services, engineering and construction, health care and medical research and higher education.
Desantis says he will not tolerate ‘visa abuse’ at Florida universities
US Department of Labor in Washington, DC (Getty)
How many foreign workers hold visas?
There is no official count of the number of people currently holding H-1B visas.
There is an annual cap of 65,000 people who can get H-1B visas. The program allows an additional 20,000 people who hold degrees or more. Notably, many universities and non-profit organizations are cap-exempt, increasing the number of people admitted each year.
The Pew Research Center estimated that nearly 400,000 H-1 1b applications were approved last year under the Biden administration.
Where do visa holders come from?
About 3 percent of all 4 percent, 73, of H-1B visa holders are from India, according to Pew. The country with the second highest number of visa holders is China, at 12 percent. The remaining 15 percent comes from a mix of other countries, with no country reaching the 2 percent threshold.
Who is against H-1B visas?
The H-1B Visa program has drawn criticism from both sides of the political spectrum, including Trump Sen. Bernie Sanders, vt.
Trump’s $100K H-1B VISA Averhaul Could Hit Tech Giants Like Amazon and Microsoft Hardest
Sen. Bernie Sanders, vt. (Joe Maher)
Critics say that the current system has evolved from its original form to attract top talent to work in the US and is instead being used by employers to import cheap foreign labor, American wages, and cut American workers.
Senate Democratic Whig Dick Durbin, D-Ill.
At the state level, Florida Republican Gov. Ron Desantis released a guide in October to combat the university loophole. Desantis directed the Florida board of governors to end the practice of higher education institutions “Importing foreign workers on H-1B visas instead of hiring Americans” by ensuring tax-funded schools serve American workers. “
Who sponsors H-1B visas?
On the other side of the debate, prominent figures such as Elon Musk have promoted H-1B visas because this program is essential for the US to maintain its competitive edge.
Just before Trump returned to the oval office, he said, “The reason America and many serious people who build Spacex, Tesla, and hundreds of other companies that make America strong is because of H1B” and promised to “go to war” in support of the “program” in support of this program.
However, muskas musk noted his belief that “the system is broken and needs major reform.”
The DoJ is seeking advice from employers interested in foreign workers on hiring practices
Elon Musk looks forward to President Donald Trump meeting with South African President Cyril Ramaphosa. (AP/EVAN VUCCI)
He proposed “increasing the minimum wage and increasing the annual cost of maintaining the H1B, making it more deliberate to hire overseas than in the past.”
Business leaders said the H-1B program is important to compete with countries like China, which recently opened a similar program, called the K-Visa, to attract top talent to the country. This program started working on Oct. 1.
The H-1B program also sponsors the US Chamber of Commerce.
Are visa holders taking American jobs away?
On September 19, Trump issued a presidential executive order that called it a “restriction on the entry of certain uninfected workers,” which it says is “deliberately exploited to gain employment, rather than use low-wage, skilled labor.”
Trump said that this abuse was used by companies to ‘excessively reduce wages, which led to the fact that it is very difficult to attract and retain the highest income of temporary workers, where the greatest impact was seen in Science Spreen, Technology, Engineering). “
The President wrote that “the massive displacement of American workers through systematic abuse of the system has undermined our economic and national security.”
Trump Admin unveils more than 100 investigations into H-1B abuses as it deploys ‘every resource’ to protect US jobs
Gov. Ron Desantis Wednesday, Oct. 29, 2025, said, “We will not tolerate H-1B abuse at Florida facilities.” (Govronderantis / x.com)
As it stands, Trump is putting up $100,000, effective September. 21, 2025. The ban will expire one year from the first date.
Trump also directed his administration to “start looking forward to prioritizing the admission as aliens of skilled and highly skilled aliens.”
Meanwhile, another DHS ruling would narrow the definition of “specialty occupation” that would allow Department officials to raise employment acquisition requests before and after immigrants arrive — and find other companies.
What’s next?
The debate over the H-1B visa promises to continue in the coming months and years.
The US Chamber of Commerce has sued the Trump administration to stop its implementation of the $100,000 application requirement, which it says “makes it more difficult for employers, especially small businesses and small businesses, to use the H-1B program.”
The lawsuit argues that the new fee is unconstitutional because it includes provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that the fee be based on the state that processed the visas.
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Chamber has previously warned that restrictions on the H-1B program “have the potential to be very damaging to many American companies.”
The case is currently ongoing. It remains to be seen whether Congress will ultimately weigh in on the matter.
