Supporters of the H-1B programme argue its essential for U.S. technological leadership, while critics claim it exploits foreign workers as cheap, bonded labour.
At the end of December 2024, a heated debate ignited on social media in the political and tech sectors in America over the H-1B visa programme, which allows U.S. companies to hire temporary foreign workers in specific fields. The controversy highlighted divisions among supporters of newly elected President Donald Trump.
The debate began with Trump’s appointment of Indian-American entrepreneur Sriram Krishnan as his AI advisor. Some white supremacist Trump supporters argued that Krishnan’s Indian heritage would bias him in favour of foreigners in the crucial AI sector. These individuals called for the termination of the H-1B programme and the expulsion of all Indian-origin individuals from the U.S., making racist and offensive remarks targeting Indians, Hinduism, and Hindu deities.
In response, business leaders like Elon Musk, CEO of Tesla and SpaceX strongly supported the H-1B programme, highlighting its importance in attracting skilled engineering talent to maintain America’s technological leadership. Indian-American entrepreneur Vivek Ramaswamy also supported Musk, despite facing criticism for his stance.
Amid the growing controversy, President-elect Trump clarified his position, expressing strong backing for the H-1B programme, stating, “Many H-1B visa holders work in my establishments. I have always supported H-1B… It is a fantastic programme.”
Established under the Immigration Act of 1990, the H-1B visa programme allows U.S. employers to hire foreign professionals in specialty occupations requiring specialised knowledge and at least a bachelor’s degree. It was introduced to address labour shortages in critical sectors, particularly in science, technology, engineering, and mathematics (STEM). The programme has been modified over time, including the introduction of a cap on visas and a lottery system to manage oversubscription.
Annual H-1B Visa Issuance
The H-1B programme has an annual cap of 85,000 visas, with 20,000 specifically reserved for those holding advanced degrees from U.S. institutions. Once the cap is reached, a lottery system is used to select applications for processing.
Critics argue that some companies exploit the programme to replace American workers with cheaper foreign labour. Additionally, the programme ties employees to their visas, creating a “bonded labour” situation. Some of Trump’s so-called supporters demand that all U.S. jobs be reserved for Americans, but by “Americans,” they mean only white people, even calling for the expulsion of all Indian-origin individuals, including U.S.-born citizens.
The U.S. issues approximately 140,000 employment-based green cards annually, along with around 225,000 family-based green cards. An annual cap ensures that no more than 7% of green cards are issued to individuals from any single country, based on the applicant’s country of birth, not citizenship.
The Problem of Illegal Immigration
While racism is unacceptable, the presence of foreign workers sometimes creates employment challenges for American citizens. However, the real issue lies in illegal immigration. As of 2022, there were an estimated 11 million unauthorised residents in the U.S., with about 8.3 million participating in the workforce.
The rising number of illegal immigrants from India is particularly concerning. Until 2019, around 8,000 Indians entered the U.S. illegally each year. By 2023, this number surged to 97,000, and in 2024, it likely exceeded 100,000. Alarmed by this, the Indian government is investigating a racket involving fake colleges in Canada that help individuals illegally enter the U.S.
Aspiring immigrants from India who risk their lives to cross borders illegally must understand that while seeking a better future is not wrong, doing so unlawfully is both a crime and a dangerous gamble. Thousands die in such attempts annually, a tragic reality.
The H-1B programme has significantly contributed to America’s economic growth and innovation. While reforms are necessary, abolishing them is not the solution. A balanced immigration policy is essential for America’s future.
However, the recent controversy, where individuals from the U.S., Canada, the UK, and Ireland targeted Indians, suggests that H-1B may have been used as a pretext to target Indians. People of Indian origin are generally peaceful and prosperous in the U.S., making them frequent targets of racist groups.
Though such incidents are regrettable, it is disheartening that some Indians mocked their fellow countrymen and sided with racists in this debate. History shows how divisions among Indians were exploited by foreign powers to subjugate India. This incident is a reminder that we have learned little from our past—perhaps the most important aspect of this controversy.
(The author is a foreign affairs expert. Views personal.)
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