Democrat Says H-1B Visas 'Being Abused'

A Democratic congressman is calling for urgent reforms to the H-1B visa program, which allows highly skilled foreign workers to come to the United States.

Congressman Ro Khanna, who represents California's 17th congressional district, expressed concerns that the program has been exploited, potentially undermining wages and job opportunities for American workers.

"The H-1B program has been abused," Khanna told Newsweek in a statement.

Rep. Ro Khanna (D-CA) on Capitol Hill July 18, 2023 in Washington, D.C. Khanna expressed concerns that the H-1B visa program has been exploited, potentially undermining wages and job opportunities for American workers in a... Drew Angerer/Getty

Why It Matters

Trump's billionaire backer Elon Musk and entrepreneur Vivek Ramaswamy, appointed by Trump as coleads of the newly established advisory Department of Government Efficiency, have voiced strong support for the H-1B visa program. But they believe it needs reforming into a system that operates purely on merit grounds, rather than according to number limits per country. In contrast, immigration hard-liners like Steve Bannon and far-right activist Laura Loomer have opposed reforms, interpreting them as an expansion of the system.

Trump has expressed support for the program to get the smartest people to work in the U.S. The clash between Musk's vision and public sentiment reflects a broader national debate about immigration and labor policy.

What To Know

Khanna is advocating for reforms to the H-1B visa program, which he believes will help attract highly skilled workers to the U.S. to compete with China while ensuring fair wages for American workers.

Khanna pointed to instances where companies have exploited the program, replacing American workers with lower-paid H-1B employees and driving down wages in the tech industry. Such practices, he argued, undermine the program's original purpose and harm the workforce.

Khanna has pushed for reform through legislation he introduced alongside Representatives Bill Pascrell (D-NJ), Paul Gosar (R-AZ), Frank Pallone (D-NJ), and Lance Gooden (R-TX).

The proposed bill aims to address fraud and abuse in visa programs for temporary foreign workers in the United States. According to Khanna, the H-1B and L-1 Visa Reform Act would also prevent corporations from intentionally underpaying visa holders, thereby protecting wages for all workers in comparable roles.

Industries such as technology, finance, and academia are some of the top participants in the H-1B visa program. In 2024, leading companies such as Amazon, Google, and Meta secured thousands of these visas. Tesla, the electric car company led by Musk, is said to have brought hundreds of employees to the U.S. through the program.

The H-1B program has a federal cap of 65,000 new visas issued each year. However, petitions for 20,000 individuals holding a U.S. master's degree or higher are exempt from this cap, according to the U.S. Citizenship and Immigration Services.

It grants workers temporary authorization to reside and work in the United States.

A Rasmussen Reports poll conducted in November found that 60 percent of Americans believed the country already had enough talented people to train and recruit for higher-skill roles, while 26 percent supported increasing the number of foreign workers for such positions.

In June 2020, during his first term, Trump signed an executive order suspending the issuance of new H-1B visas for professional and technology workers, a move his administration justified as a response to the growing unemployment caused by the coronavirus pandemic.

What People Are Saying

Democratic Congressman Ro Khanna told Newsweek: "America is a magnet for the world's brightest talent. To compete with China, we want to attract the best engineers and technologists. But the H-1B program has been abused. That's why I have been co-leading the bipartisan H-1B and L-1 Visa Reform Act to make sure American workers are never replaced and that H-1B workers aren't paid below market wages that hurts the compensation of American employees."

Musk wrote on X, formerly Twitter, on December 27: "The reason I'm in America along with so many critical people who built SpaceX, Tesla, and hundreds of other companies that made America strong is because of H1B ... I will go to war on this issue the likes of which you cannot possibly comprehend."

Trump told the New York Post in a phone interview on December 28: "I've always liked the [H-1B] visas, I have always been in favor of the visas. That's why we have them ... 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."

At a New Year's Eve party Trump hosted at Mar-a-Lago, a reporter asked Trump, "Why did you change your mind on H-1B visas?" and the President-elect said: "I didn't change my mind I've always felt we have to have the most competent people in our country. We need competent people, we need smart people coming into our country, we need a lot of people coming in. We're going to have jobs like we've never had before."

What Happens Next

The President-elect, who ran on a tough immigration platform, is poised to return to the White House on January 20.

As Trump and the GOP face an internal struggle over H-1B visas, their upcoming decisions may shape the future of the Republican Party's stance on the program.