U.S. government urges employers to prioritize American workers over H-1B visa holders

The United States government has recently intensified efforts to ensure American workers are given priority in employment opportunities, particularly concerning the H-1B visa program. This program allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. However, concerns have arisen that some employers might be favoring foreign workers over equally qualified American citizens.

What actions has the U.S. government taken regarding H-1B visa enforcement?

The Department of Homeland Security (DHS) announced a final rule on December 17, 2024, aimed at enhancing the H-1B program’s integrity and oversight. This rule modernizes the definition and criteria for specialty occupation positions and extends certain flexibilities for students on F-1 visas transitioning to H-1B status. Additionally, it strengthens program integrity by codifying the U.S. Citizenship and Immigration Services’ (USCIS) authority to conduct inspections and impose penalties for non-compliance.

How is the EEOC addressing discrimination against American workers?

The Equal Employment Opportunity Commission (EEOC) has intensified its enforcement against national origin discrimination, specifically targeting employers that unlawfully prioritize foreign workers on H-1B visas over American employees. EEOC Acting Chair Andrea Lucas emphasized that businesses contributing to immigration challenges through illegal hiring preferences must comply with federal law. The agency aims to protect all workers from unlawful discrimination, including American workers.

What are the implications for Indian H-1B visa applicants?

Indian nationals have historically been significant beneficiaries of the H-1B visa program. In 2023, 72% of these visas were granted to Indians.

The recent enforcement measures may lead to increased scrutiny of applications and hiring practices, potentially affecting the number of visas issued to Indian professionals. However, the Indian government has proactively engaged with the U.S. to address these concerns. For instance, India has proposed repatriating 18,000 illegal Indian immigrants from the U.S. to persuade the Trump administration to maintain key visa programs for Indian citizens.

How are U.S. companies reacting to these changes in H-1B policies?

The tech industry, which heavily relies on the H-1B program for skilled labor, has expressed concerns over potential talent shortages due to stricter immigration policies. During Trump’s previous presidency, H-1B visa denial rates surged, affecting tech companies reliant on these visas. Industry leaders highlight the struggle with restrictive policies and emphasize the severe impact on sectors needing AI skills.

When does the H-1B visa 2025 registration open?

The USCIS has announced that the registration window for the fiscal year 2026 H-1B visa lottery will open at noon (ET) on March 7, 2025, and close at noon (ET) on March 24, 2025. Employers must submit registrations through the USCIS online system, and each beneficiary must be registered separately with an associated fee.

For the fiscal year 2025, which began on April 1, 2024, USCIS reported receiving a high number of applications, reaching the annual cap, including the master’s degree exemption (advanced degree cap). This trend indicates stiff competition for the H-1B visa 2025 season.

Who is eligible for the H-1B visa?

The H-1B visa is designed for highly skilled professionals who meet specific qualifications. To qualify, applicants must:

• Have a job offer from a U.S. employer willing to sponsor them.
• Be offered a role that requires at least a bachelor’s degree or higher.
• Have a degree in a field directly related to the job.
• Be paid a salary that meets or exceeds the prevailing wage in the specific geographic location.
• Have a combination of education and work experience equivalent to a U.S. bachelor’s degree if a degree is not held.

Key specialization requirements for H-1B visa approval

To qualify as a specialty occupation, the job must:

• Require theoretical and practical application of a highly specialized body of knowledge.
• Demand at least a bachelor’s degree or equivalent in a related field.
• Be recognized in the industry as a job that typically requires this level of education and expertise.

Common industries that utilize the H-1B visa program include IT, engineering, medicine, finance, and research.

How the H-1B visa lottery works

Since demand for H-1B visas exceeds supply, USCIS conducts a lottery system. The process includes:

1. Initial registration by employers through the USCIS portal.
2. Random selection of applicants based on the 85,000 visa cap (65,000 for general applicants and 20,000 for advanced degree holders from U.S. institutions).
3. Petition submission by selected employers within the given filing period.
4. USCIS adjudication, where petitions are reviewed, and decisions are made.

H-1B visa and recent policy changes affecting Indian applicants

Indian professionals dominate the H-1B visa landscape, receiving 72.3% of all H-1B visas issued between October 2022 and September 2023. However, recent policy changes could impact their chances:

• Stricter enforcement against fraudulent applications and misuse of the program.
• Increased wage requirements to ensure H-1B workers are not underpaid.
• New scrutiny on how employers prove that jobs require a specialized degree.

Trump vs. Biden: How U.S. policy impacts the H-1B visa program

Under the Trump administration, policies aimed to prioritize American workers by scrutinizing visa applications. Many companies faced increased denials and requests for additional evidence. The Biden administration initially reversed some policies, making the process more accessible, but recent developments suggest a return to stricter oversight.

FAQs:

Who is eligible for the H-1B visa 2025?
A bachelor’s degree, a US job offer, and employer sponsorship are required.

When does the H-1B visa 2026 application process begin?
It opens on March 7, 2025, and runs until March 24, 2025.