Crackdown on H-1B visas targets the incorrect employees

Senator Ruben Gallego (D-Ariz.) is pressing the White House to overhaul the H-1B visa system to curb misuse, according to recent reports. The administration appears open to revisiting the program, with Assistant Attorney General Harmeet Dhillon examining potential violations at major technology firms known for her scrutiny.

Lawmakers from both parties see a need for reform because consulting companies have largely dominated the H-1B slots, hiring employees primarily willing to accept lower wages rather than high-skilled talent. The common perception that H-1B workers mostly end up at large tech corporations is misleading. In reality, many are employed in lower-paying positions across the country, producing mediocre software for industries such as financial services.

Adjusting the H-1B program could benefit technology companies by making it easier for highly skilled engineers to enter the U.S. workforce. This was evident at the recent Neural Information Processing Systems conference, where a significant portion of leading AI researchers were born outside the United States. Prioritizing top-tier talent over inexpensive labor would strengthen the U.S. innovation ecosystem.

Despite broad agreement on these points, the Trump Administration has pursued policies and rhetoric that may deter foreign talent. A recent report revealed that the State Department instructed consulates to scrutinize H-1B applicants for any involvement in censorship at social media firms, potentially denying visas on that basis. Some administration officials and tech industry insiders recognize that discouraging foreign technologists undermines long-term national interests, yet they face restrictions on voicing opposition.

There are differing opinions, however. Former immigration official Ken Cuccinelli advocated eliminating the H-1B program entirely, claiming it displaces American workers and exploits cheap foreign labor. Economists have warned that policies such as a proposed $100,000 H-1B fee could stifle U.S. growth, arguing that restricting access to skilled international workers could outweigh gains from domestic AI investment.

Author: Noah Whitman