Why H-1B Visa Is In Maga Crosshairs

The H-1B non-immigrant visa allows US employers to temporarily employ foreign workers in specialty occupations that require highly specialized knowledge and a bachelor’s or higher degree. The program, created in 1990, has a cap of 85,000 visas per year, with 20,000 reserved for foreign students with master’s degrees or higher from American universities. Visas are granted for three years, extendable to six, and require a job offer from a US-based sponsor.

- UMA KANNAN @Bengaluru

dia. 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 US-based companies.

The H-1B applicants sponsored by US companies generally had higher salary offers compared to those sponsored by companies based in India—who are anyway availing less number 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 US 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 US 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.

Individuals can apply for an H-1B visa only if they have secured a job with a US-based sponsoring company or institution. The US government also grants extensions for those already employed in the country.

How many are granted

As per the latest information available with the US Citizenship and Immigration Services (USCIS), some 386,000 H-1B applications were approved in 2023 (October 2022-September 2023). This includes nearly 119,000 new H-1B visas and approximately 267,000 extensions of existing visas. The total visa approved for 2023 is a decrease from over 474,000 in 2022.

The latest data revealed that approximately 72% of visas were issued to Indian nationals, followed by 12% to Chinese citizens.