-1737431538590.webp)
- By Priyanka Koul
- Tue, 21 Jan 2025 09:27 AM (IST)
- Source:JND
With Trump 2.0 taking his oath of office and the newly inaugurated President Donald Trump preparing for his immigration crackdown, his Republican Party allies are splintered over policies surrounding US worker H-1B visas, which are intended for specialty occupations like those in the tech industry.
Interestingly, the conservative row over H-1B visas is dividing Trump-aligned factions. Silicon Valley supporters of the program, such as X CEO Elon Musk, stand in opposition to critics like former White House strategist Steve Bannon. The latter group advocates for curbs on overall immigration—both legal and illegal—under Trump's return to office.
What Are H-1B Visas?
In the US, the H-1B visa program is reserved for foreign workers employed in specialty occupations, primarily in the technology field. These roles include software engineers, tech program managers, and other IT professionals.
H-1B holders can extend their stay beyond the initial six-year time frame (three years plus a three-year extension) if a green card application has been filed.
Under the terms of their visas, workers who are laid off must leave the country within 60 days unless they can secure another job or change their immigration status.
Apart from H-1Bs, other work visa programs include H-2A visas for temporary agricultural workers and H-2B visas for seasonal non-agricultural workers.
Moreover, immigration lawyer Tahmina Watson, based in Seattle, Washington, has suggested creating a new category for a "startup visa" aimed at individuals who want to establish new companies in the US.
"The startup visa is something I have advocated for almost two decades," she said. "I do think our visa system is in desperate need of reform."
What's the Conservative Row Over H-1B Visas?
Tesla owner Elon Musk has defended the program and vowed to "go to war" over it after other Trump supporters criticised the president's appointment of Indian-American entrepreneur Sriram Krishnan as a senior policy advisor for artificial intelligence. Critics argue the H-1B program favours foreign-born workers over Americans.
Musk, a billionaire, has been actively involved with Trump since the 2024 US presidential election and is collaborating with the newly constituted Department of Government Efficiency to reduce spending and perceived waste.
On the opposing side, figures like Bannon—one of the architects of Trump's 2016 campaign—have dismissed the H-1B program as a "scam."
"We're winning this round, and we're winning this round pretty big," Bannon said at a Politico event this month, referring to the H-1B debate. "I think we'll get Elon there. As soon as I can turn Elon Musk from a techno-futilist to a populist nationalist, we'll start making real progress."
Watson noted that a critical takeaway from the debate is recognising the shortage of talent in STEM (science, technology, engineering, and mathematics) fields that the US requires.
"Recognise and acknowledge that we do not have enough domestic talent," she said. "Address both issues simultaneously by allowing skilled immigrants to come in now while using that policy to mandate that America starts training the next generation."
What Are Trump's Views?
Newly elected President Donald Trump told the New York Post, "I have many H-1B visas on my properties. I've been a believer in H-1B. I have used it many times. It's a great program."
Ahead of his inauguration, Trump's team did not respond to questions about whether he supports the program or plans to push for changes to H-1Bs or other work visa programs. However, during his first term (2017–2021), Trump sought to restrict them.
Who Could Be Affected by Policy Changes?
This significant shift could impact workers from India, who accounted for the vast majority of approved H-1B beneficiaries in 2023, followed by China. Under the current system, layoffs in the tech sector can leave H-1B holders scrambling to maintain their legal status.
Meta, for instance, recently announced plans to cut about 5% of its 72,000-strong workforce. Watson urged those reliant on H-1Bs to remain focused on their goals despite the political discourse.
"Do not be deterred by the national rhetoric from using the H-1B if your business needs it," she said. "I tell my clients that your business success is your North Star, so do what you need to do.
"For employees who might be afraid, I’d say that if they’re working in alignment with their employers, they should not be worried."