What’s Going On With the Coveted US H-1B Visa?

Associated Press
April 23, 2025 | 2:21 pm
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The Department of Homeland Security seal is seen on the podium at the Immigration and Customs Enforcement headquarters, Wednesday, April 9, 2025, in Washington. (AP Photo/Alex Brandon)
The Department of Homeland Security seal is seen on the podium at the Immigration and Customs Enforcement headquarters, Wednesday, April 9, 2025, in Washington. (AP Photo/Alex Brandon)

Washington. The H-1B visa has long been one of the most sought-after employment visas for foreign nationals with specialized skills to live and work in the US. Recent actions by the Trump administration have once again brought the program into the spotlight.

In recent weeks, H-1B applicants and renewals have faced a surge in government requests for additional information, raising concerns amid President Donald Trump’s intensified focus on immigration enforcement, including his pledge to deport undocumented immigrants en masse.

While much of the administration’s agenda has centered on undocumented immigration and reversing temporary deportation protections introduced during the Biden administration, legal immigration pathways like the H-1B visa have received less public attention. Still, more than 1,000 international students have had their visas or legal status revoked in recent months.

The renewed scrutiny comes as the H-1B program continues to divide members of Trump’s own Republican Party.

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What Is an H-1B Visa?
Established under the 1990 Immigration Act, the H-1B is a nonimmigrant visa designed for temporary stays. It allows US employers to hire foreign workers with specialized skills and at least a bachelor's degree or its equivalent.

While the visa does not provide a direct path to permanent residency, some H-1B holders later transition to other immigration statuses that do.

Who Uses H-1B Visas?
The tech industry is the largest user of H-1B visas, more than 60 percent of approvals since 2012 have been for computer-related jobs, according to the Pew Research Center.

However, the visa is also used by healthcare providers, financial institutions, universities, and other employers struggling to fill specialized roles. Each year, 65,000 new H-1B visas are issued, with an additional 20,000 reserved for individuals holding a master's degree or higher. Certain institutions, such as universities and nonprofits, are exempt from these caps.

Indian nationals account for the majority of H-1B approvals annually since 2010, Pew reports.

Why Is the H-1B Program Controversial?
Supporters argue the visa helps address workforce shortages and fills critical roles with highly skilled talent. Critics, however, claim the program is exploited to replace American workers with lower-paid foreign labor.

Senator Bernie Sanders, an independent from Vermont, called the program “a way to replace American workers with lower-paid workers from abroad who often live as indentured servants.”

The debate is particularly contentious within the GOP. On one side are pro-business conservatives who see H-1B as vital to innovation and economic competitiveness. On the other are Trump’s "America First" loyalists, who argue it suppresses US wages and displaces domestic workers.

The issue made headlines late last year after Trump appointed Sriram Krishnan, an advocate for skilled immigration, as an adviser on artificial intelligence, prompting backlash from hardliners.

What’s Going On With H-1B Visa Letters?
Recently, immigration lawyers have reported receiving unusual notices from US immigration authorities concerning H-1B and other employment-based visa applicants.

Kevin Miner, a partner at global immigration law firm Fragomen and a policy committee chair with the American Immigration Lawyers Association (AILA), said dozens of AILA members received two types of letters over the past two weeks.

One version mentions “adverse information” and instructs recipients to schedule a biometrics appointment. The other simply states that biometrics are required, without citing adverse findings.

Typically, biometrics are not required for these types of visa processes, and when the government seeks further information, it usually provides specific, detailed requests.

“This is different,” said Miner. He also noted that such procedural changes would normally go through a formal notice-and-comment period, which has not happened.

What Is the Government Saying?
US Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security, defended the measures in a statement.

“As part of the Trump administration’s commitment to restoring integrity to our immigration system,” said USCIS spokesman Matthew Tragesser, “we are increasing screening and vetting of all foreign nationals applying for immigration benefits.” He claimed such measures had “lapsed” under the previous administration.

“Collecting biometric data is essential to promoting national security, public safety, and fraud prevention,” he said.

What’s the Broader Immigration Context?
The Trump administration has vowed to deport millions of undocumented immigrants, attempted to rescind deportation protections for hundreds of thousands, and has revoked the visas of over 1,000 international students since April, according to AP’s review of school records and university statements.

These revocations have often come with little or no notice and represent a shift from previous practice, where universities typically updated student records themselves.

Now, legal immigrants on employment-based visas worry they could be next.

“There’s just so much unknown,” Miner said.

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