Thinking that the H-1B visa program steals jobs from Americans is “disingenuous”, considers Gerardo Dada when debating whether this US temporary work visa program should be scrapped or not.
Dada, with over 20 years of experience in digital strategies and web technologies, says that instead of blaming the H-1B visa, Americans need to stop adopting a victim mentality and invest in their development.
Qualified people who work hard and do a good job are always in demand. Those who invest in their skills to become better programmers (or nurses, or translators, or teachers, or whatever) will always find a job. We live in the best economy in the World, with the best development resources.
Navigating the H-1B Visa Program: Revamp or Removal
Potential fraud affairs, restrictions on job mobility without the sponsor’s permission, and concerns related to job displacement among American workers are some of the reasons why the abolishment of this program is often considered a solution from which the job market of the US would benefit.
Yet, despite these concerns, interest in the H-1B scheme remains high, with the statistics from the United States Citizenship and Immigration Services (USCIS) revealing that last year alone, over 48,000 prospective petitioners submitted 483,927 registrations, or about 57 per cent more compared to the registrations submitted in the fiscal year 2022 filing season.
Understanding the H-1B Visa Program
The H-1B visa is a nonimmigrant work visa program that gives US employers the opportunity to hire international workers with specialized skills to work in the United States temporarily in fields such as technology, finance, architecture, and engineering, among others.
To be eligible for this program, interested applicants are required to have a valid job offer from a US employer for occupations that require speciality knowledge, proof of a bachelor’s degree or equivalent experience in that field and proof that the employer cannot find qualified US applicants for the role.
Due to the increased demand for this scheme, there is a limited number of H-1B visas that can be issued yearly. Last year, the cap was set at 65,000 visas per fiscal year, with an extra 20,000 visas eligible for those who have a master’s degree or higher.
Amid proposals for terminating the scheme, in January this year, the USCIS announced a final rule aimed at further strengthening the integrity and reducing the potential. The rule addresses concerns regarding gaming the registration system and ensures that each beneficiary has an equal chance of selection, in spite of the number of registrations submitted on their behalf.
Citing the importance of immigrants in the technology industry, Dada argues against terminating the scheme.
There is no doubt the country needs more competent talent in-country to fuel our growth and our technological progress. Nearly half of the Fortune 500 companies were founded by immigrants and the sons of immigrants.
Dada mentions India as an example of significant growth in tech jobs, highlighting its transition from being merely a low-cost development centre to a hub of high-performance development.
Just think about this for a second: Microsoft’s CEO is Indian – Satya Nadella, Google’s CEO is Indian – Sundar Pichai, Adobe’s CEO is Indian – Shantanu Narayen, IBM’s CEO is Indian – Arvind Krishna- Starbucks, Micron, Palo Alto, Cadence… the list goes on and on. WHY? Because a few decades ago, India was smart enough to invest in a couple of ITTs modelled after MIT.
The technologist also mentioned that the majority of these CEOs are graduates from these universities, and some came to the US with an H1B visa.
Exploring Reform Options for H-1B Visa Program
According to Dada, the following changes to the scheme would lead to significant improvements:
- Create an oversight group to reassure people the rules of the H-1B program are being followed
- Increase the cap dramatically or remove it completely
- Increase the cost of the program by charging an annual fee, say five percent of the employee’s salary
- Invest these fees directly in education programs
- Any H1B holder with a criminal record (beyond a parking ticket) loses their Visa forever
- Any H1B visa holder, at the end of six years, pays another fee for the education fund (maybe a higher tax bracket for the next ten years) and gets a green card immediately. Subject to deportation if a crime is committed.
- Invest the training funds in programs that develop skills for the right jobs, helping especially those with fewer opportunities.
- Learn from Germany and either push to lower the cost of universities for US citizens or subsidize the interest of all student loans for American Citizens.
- Stop the Deferred Action for Childhood Arrivals (DACA) madness. Give these people citizenship already. They are just political peons.
Enhancements for the H-1B Visa System
Mitchell Schoenbrun, a computer programmer and consultant with over 20 years of experience, shares Gerardo Dada’s belief that the temporary work visa program should be improved rather than scrapped.
All that would be needed to make the H1B visa program valid would be to provide large penalties for violations, better rights to H1B visa holders and a department to police the industry. With those reforms, a limit on the number of H1B visas would not be necessary. The number would be self-limiting by the valid use of the program.
Schoenbrun also believes that the program should undergo some changes after due to greed and corruption, it has contributed to the loss of US jobs.
So, of course, the program has contributed to the lowering of salaries and the loss of US jobs due to greed and corruption. While this has been going on for decades, the congress has shown no interest in plugging the holes created.
He argues that he hasn’t experienced local competition in this issue.
Until recently, contract work was plentiful. The reasons for the current lack of jobs are more related to the incredibly short-minded policies of Blackberry/QNX, a company that is known historically for shooting itself in the foot. On the other hand, there is no doubt that the H1B visa program has kept the salaries of all programmers down generally, and myself specifically.
Emphasizing that he has nothing against legal immigration and programs similar to the H-1B visa that gives internationals the opportunity to live and work temporarily in the US, Mahmood Akhter expressed his concerns that the abuse of the “good American intent” may lead to the abolishment of such visas and opportunities soon.
Americans have nothing against legal immigration/ work opportunities, including H1B visas allowing “skilled” workers to work in the USA. It’s the abuse of the good American intent that may stop such visas/opportunities soon. Folks, when applying for, e.g., H1B, fully pledge, grasp, and understand that it’s for a fixed time, but most take it as guaranteed to stay another 20 years ever to gain PR.
He said, “We love competing with others but on fair ground.”
Akhter considers the highest priority for most Americans is keeping trust, meaning if you agree to the rules, then follow them – don’t break the trust. “But in reality, most on H-1B have a convenient memory that forgets maintaining trust in life isn’t the key.”
Who’s Profiting from H-1B Visas? Analyzing Top Beneficiaries
Statistics provided by the USCIS reveal that the number of H-1B visa registrations has shown a consistent annual increase. There were 274,237 registrations in 2021, followed by 308,613 registered in 2022, a notable rise to 483,927 in 2023, reaching a total of 780,884 in 2024.
According to data provided by the USCIS, the number of initial selections for H-1B visas in 2021 was 124,415. In 2022, there were 131,924 initial selections, followed by 127,600 in 2023 and 188,400 in 2024.
Recently, the USCIS announced that the initial registration period for the fiscal year 2025 H-1B cap season closed at noon Eastern on March 25. Through a statement, the agency said that it will soon randomly select enough beneficiaries to reach the H-1B cap.
Nationals from India are among the main beneficiaries of the H-1B visa program. Based on the figures from the USCIS, in 2022, the top ten countries of birth of approved H-1B beneficiaries were the following ones:
| India | 320,791 |
|---|---|
| China | 55,038 |
| Canada | 4,235 |
| South Korea | 4,097 |
| Philippines | 3,501 |
| Mexico | 3,203 |
| Taiwan | 3,016 |
| Brazil | 2,521 |
| Pakistan | 2,505 |
| Nepal | 2,057 |
Of all the approved H-1B petitions in FY 2022, 31.1 percent reported that the beneficiary’s highest educational degree attained was a master’s degree, 31.7 percent had a bachelor’s degree, 7.6 percent had a doctorate, 3.1 percent had a professional degree, and 26 percent had an unknown level of education.
A greater share of beneficiaries approved for initial employment had earned a doctorate or professional degree (12.5 and 4.3 percent, respectively) compared to continuing employment (5.5 and 2.6 percent, respectively.) While men outnumber women in every education category, a greater share of women has a master’s, doctorate, or professional degree compared to their male counterparts.
Computer-related occupations were the largest major occupational category of all H-1B petitions approved in FY 2022, accounting for 66 percent of all beneficiaries. The next largest major occupational group was architecture, engineering, and surveying, with 9.8 percent.