The H-1B visa is at the center of a feud that has engulfed supporters of President-elect Donald Trump.
While many on the far-right, such as activist Laura Loomer and former Trump adviser Steven Bannon, are fiercely anti-immigrant, Silicon Valley tech figures, led by Elon Musk and Vivek Ramaswamy, have come out in support of the visas, which are for highly skilled immigrants typically working in tech, healthcare, engineering and finance.
Trump has supported Musk and Ramaswamy, who want better legal immigration routes such as the H-1B program to fill skills gaps in key sectors such as engineering, science, and technology.
The president-elect told the New York Post that he has “always been in favor of the visas,” but previously said they are “very bad” and “unfair” for U.S. workers.
What are H-1B visas?
The popular visa, created in 1990, allows U.S. employers to temporarily offer work to foreign nationals who have “theoretical and practical application” of highly specialized knowledge. Applicants must have a bachelor’s or higher degree in a specific specialty subject, or equivalent, as a minimum to enter the U.S., according to U.S. Citizenship and Immigration Services.
Typically, the visa is valid for three years with the possibility of extending for a maximum of six years. The visa can cost employers approximately $5,000 per applicant.
It does not automatically grant permanent residency.
The visas are highly sought after in healthcare, engineering, tech, finance and higher education. A company will employ an H-1B worker on the basis that the specialty cannot be filled by the U.S. workforce.
The majority of H-1B visa applicants come from India, whose citizens account for more than seven in 10 recipients, according to a USCIS report. One in 10 comes from China, with the remainder coming from other nations including Mexico, Canada, the Philippines, Taiwan and Korea.
Are they difficult to obtain?
Each year, 65,000 H-1B visas are approved by the Department of Homeland Security, with an additional 20,000 available for applicants who graduate with a master’s degree or doctorate from a U.S. institution.
Applicants are chosen by a lottery system for review, which means that some are denied due to chance even if they are eligible.
The application process can generally take between two to eight months, according to a number of immigration law firms. Premium processing is available for a fee, which can reduce the wait time.
What has Trump previously said about H-1B visas?
During Trump’s first administration, the H-1B visa program was restricted in 2020 over concerns it allowed employers to replace American workers with lower-paid foreign workers.
Now, he appears to have backtracked on that sentiment after coming out in support of Musk and Ramaswamy, who will lead the newly formed Department of Government Efficiency. Ramaswamy argued that America does “not produce the best engineers,” while Musk said that there is “a permanent shortage of excellent engineering talent” in the U.S.
Speaking by phone with The New York Post on Saturday, the president-elect agreed. “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” he said.
In a 2016 primary debate, however, Trump called the H-1B visa program “very bad” and “unfair” for U.S. workers.
“First of all, I think and I know the H-1B very well. And it’s something that I frankly use and I shouldn’t be allowed to use it. We shouldn’t have it,” he said. “Second of all, I think it’s very important to say, well, I’m a businessman and I have to do what I have to do.”
Three months after taking office in 2020, Trump issued his “Buy American and Hire American” executive order, which directed Cabinet members to suggest reforms to ensure that H-1B visas were awarded to the highest-paid or most-skilled applicants to protect American workers, the Associated Press reported.
In June 2022, in conflict with the president-elect’s previous views on the visa, Trump Media & Technology Group which owns Truth Social, filed an application for an H-1B visa for an employee with a $65,000 salary, according to AP. The company said it did not hire the worker and the application “was made under prior management.”
