The H-1B visa program has faced criticism for allegedly favoring foreign workers over American employees. Estimates suggest that there are more than 700,000 H-1B visa holders in the United States, along with an extra 500,000 dependents, together generating over $85 billion each year for the US economy.
Jessica Vaughan, a policy specialist and Director of Policy Studies at the Center for Immigration Studies, has submitted a report to Congress advocating for tougher regulations on temporary work visas. Vaughan contends that temporary work visa programs cause imbalances in the labor market and result in the displacement of US workers. She further highlights that these programs lead to elevated overstay rates, security threats, and unlawful hiring practices.
Vaughan recommends that the H-1B visa program be reformed to enhance prospects for American employees. She suggests that staffing companies should not be allowed to sponsor foreign visa workers, as these firms frequently use a business model aimed at substituting US workers with cheaper labor from other countries.
Vaughan additionally provided her suggestions for the H-2A and H-2B foreign laborers arriving in the US for employment. She proposes that federal agencies should be allowed to request approval for visa workers only in highly restricted situations. Congress should define agricultural work more clearly for temporary agricultural workers (H-2A) to exclude food processing. Workers must spend 180 days annually in their home nation to be eligible for return, and no visas should be issued for dependent family members.
The H-2B visa program for seasonal or temporary unskilled labor ought to be abolished or greatly reduced to permit a stay of under one year, with renewals only granted after a return of 180 days.
Recent Changes to H-1B Program
In January 2025, the Department of Homeland Security (DHS) revealed a final regulation to update the H-1B program, simplifying the approval process, enhancing flexibility, and boosting program integrity. This regulation seeks to offer more advantages and flexibilities to US employers and specialty occupation workers, assisting in fulfilling US labor requirements.
The alterations involve modifying the definition and standards for specialty occupation roles, enabling greater adaptability in the F-1 program, and enhancing the program for other non-immigrant employees. The regulation further broadens specific flexibilities for F-1 visa students aiming to transition to H-1B status and permits USCIS to expedite the processing of applications for most individuals who had earlier received approval for an H-1B visa.
In general, the reform of the H-1B visa program is essential for safeguarding American employees and making sure that the program serves to enhance the US workforce, instead of substituting it.
