MAGA Is at Odds Over H-1B Visas. Here's What You Need to Know About Them

MAGA supporters are clashing with newly appointed members of Donald Trump's incoming administration, including Vivek Ramaswamy, Elon Musk and Sriram Krishnan, over a debate on H-1B work visas, much of which has played out on social media.

Why Is MAGA at Odds Over H-1B Visas?

Trump campaigned for president on an immigration crackdown and mass deportations, pledges supported by many of his loyalists. But Ramaswamy and Musk, who are set to co-lead the new Department of Government Efficiency, have a less strict stance on the issue, and their social media posts this week have caused blowback within the Republican Party.

This week, Indian American entrepreneur and venture capitalist Krishnan's appointment as Trump's AI policy adviser has caused a stir among supporters, as has Ramaswamy's recent social media post calling out American work culture and Musk saying there aren't enough "super talented" engineers in the U.S.

Laura Loomer, a Trump loyalist and far-right activist accused of making racist comments, criticized Krishnan's appointment, saying it was "deeply disturbing." In a post on X (formerly Twitter) on Tuesday, she wrote: "It's not racist against Indians to want the original MAGA policies I voted for. I voted for a reduction in H-1B visas. Not an extension."

On Wednesday, Musk wrote on X, which he owns: "The number of people who are super talented engineers AND super motivated in the USA is far too low."

In another post, he said that a "shortage of excellent engineering talent" is a "fundamental limiting factor in Silicon Valley."

The following day, Ramaswamy drew a backlash from MAGA supporters after arguing in a lengthy post on X that tech companies need foreign workers because Americans don't have a good enough work ethic and that American culture "venerated mediocrity over excellence."

"The reason top tech companies often hire foreign-born & first-generation engineers over 'native' Americans isn't because of an innate American IQ deficit (a lazy & wrong explanation). A key part of it comes down to the c-word: culture," Ramaswamy wrote.

He went on: "A culture that celebrates the prom queen over the math olympiad champ, or the jock over the valedictorian, will not produce the best engineers ... If you grow up aspiring to normalcy, normalcy is what you will achieve."

Since Trump was elected last month, discussions about reforming the H-1B visa program have intensified. Some have advocated the removal of country-specific caps on green cards to address backlogs faced by applicants from countries like India.

Vivek Ramaswamy speaks at a Donald Trump campaign rally in New York City on October 27. This week, he tweeted that tech companies need foreign workers because of Americans' poor work ethic and an American... AP Photo/Evan Vucci

What Are H-1B Visas?

The H-1B visa program allows U.S. companies to employ foreign workers in specialty occupations.

A specialty occupation worker may be granted a temporary stay in the U.S. for up to three years. The period can be extended but "generally cannot go beyond a total of 6 years," with some exceptions, according to U.S. Citizenship and Immigration Services (USCIS).

How Many H-1B Visas Were Issued In the Past Few Years?

There is an annual cap of 65,000 new H-1B visas that can be issued. An "additional 20,000 petitions filed on behalf of beneficiaries with a master's degree or higher from a U.S. institution of higher education are exempt from the cap."

USCIS announced that the annual H-1B visa cap for the 2025 fiscal year was reached in December, just two months after the year began on October 1. The agency said: "We will continue to accept and process petitions that are otherwise exempt from the cap."

Newsweek reached out via email to USCIS for comment on Friday.

Extensions and employment changes (like switching employers) are exempt from the annual cap, which applies only to the total limit of 85,000 visas—a threshold the U.S. has consistently reached since 2006. The chart below shows the total number of petitions approved, including continuing employment cases.

What Jobs Do People With H-1B Visas Work?

People with H-1B visas possess specialized knowledge and are typically employed in fields such as software development, engineering, health care, finance, education and research. These workers are hired in high-demand sectors requiring specific expertise.

The visa is primarily used by tech companies, financial institutions and universities. In 2024, Amazon, Google, Meta and other major companies dominated the market, each receiving several thousand visas.

Who Is Eligible for an H-1B Visa?

Applicants must have a job offer in a specialty occupation requiring a bachelor's degree or higher in a related field and must meet the educational or equivalent experience qualifications.

What Are the Requirements for Getting an H-1B Visa?

Employers must sponsor the applicant by filing a petition and a Labor Condition Application, ensuring compliance with wage and employment standards. Once approved, the employer must file the necessary H-1B petition and Form I-129, along with necessary details about the role and the applicant's qualifications. The employer must cover the required fees.

Does an H-1B Visa Lead to a Green Card?

An H-1B visa does not automatically mean the person gets a green card, but holders can apply for permanent residency while on the visa. The visa can serve as a pathway to a green card, allowing individuals to live and work legally in the U.S. while pursuing permanent residency.