Why H-1B Visa Is In MAGA Crosshairs

Preparations continue for the second Donald Trump presidency; immigration remains a contentious issue, with the H-1B visa category—which permits employers to hire highly skilled foreign professionals temporarily—at the center of a heated political debate.

- JAYANTH JACOB @ New Delhi

Though Trump defended the H-1B visa program on Saturday in an interview with The New York Post, emphasizing that he has "always liked the visas" and has been a "believer" in them, confusing signals from various factions in the new president's immediate ecosystem are anything but reassuring.

Rather, they send worrying messages to Indians who overwhelmingly secure these highly sought-after visas. Over the past four years, more than 78% of the highest-paid H-1B applicants—those with proposed salaries exceeding $1 million per year—were from India. Of these high earners, more than 25% were women. And more than 65% of these well-heeled H-1B applicants from India were sponsored by smaller U.S.-based companies.

The H-1B applicants sponsored by U.S. companies generally had higher salary offers compared to those sponsored by companies based in India—who are anyway availing less numbers of visas in this category.

Here's a look at the H-1B visa program and why it stirs a political pot and muddies the debate on immigration.

What is it all about

The H-1B non-immigrant visa allows U.S. employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelor's or higher degree in the specific specialty, or its equivalent.

The U.S. Congress created the H-1B program in 1990. The law initially capped the number of H-1B visas issued per fiscal year at 65,000. Since 2004, the number of new H-1B visas issued has been capped at 85,000 per year. Out of this chunk, 20,000 are reserved for foreign students with master's degrees or higher qualifications from American universities. Though granted for three years, these visas can be extended up to six years.