President Donald Trump signs an executive order in the Oval Office of the White House in Washington, D.C., on Friday, Sept. 19, 2025. (Aaron Schwartz/CNP/Bloomberg/Getty Images)
An H-1B visa is a non-immigrant work visa that allows companies in the U.S. to hire highly-skilled foreign workers in specialty occupations for an initial period of three years, which can be extended to six years.
The U.S. Citizenship and Immigration Services website states that the visas are meant for individuals of "exceptional merit and ability." Individuals must have at least a bachelor’s degree in a relevant field.
By far the industry most heavily utilizing H-1B visas is the tech industry, which accounts for roughly 60% to 70% of all the new applications in recent years.
Other top industries include consulting and professional services, engineering and manufacturing, healthcare and medical research and higher education.
DESANTIS SAYS HE WON’T TOLERATE H-1B VISA ‘ABUSE' IN FLORIDA UNIVERSITIES
Sen. Bernie Sanders, I-Vt. (Joe Maher)
Critics say the current program has veered away from its original intent to attract top talent to work in the U.S. and instead is being used by employers to import cheap foreign labor, depress wages, and cut out American workers.
Senate Democratic Whip Dick Durbin, D-Ill., and Senate Judiciary Chair Sen. Chuck Grassley, R-Iowa, reintroduced bipartisan legislation in September to reform and close loopholes in the H-1B program to protect American workers and stop the outsourcing of jobs to foreign countries.
On the state level, Florida Republican Gov. Ron DeSantis issued guidance in October to combat the university loophole. DeSantis directed the Florida Board of Governors to end the practice of higher education institutions "importing foreign workers on H-1B visas instead of hiring Americans" by requiring universities to "put American graduates first and ensure taxpayer-funded schools serve the American workforce."
On the other side of the debate, prominent figures such as Elon Musk have advocated for H-1B visas because the program is essential for the U.S. to maintain its competitive edge.
Shortly before Trump returned to the Oval Office, Musk said, "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" and pledged to "go to war" in support of the program.
However, Musk also noted his belief that "the program is broken and needs major reform."
DOJ CALLS FOR TIPS ON EMPLOYERS FAVORING FOREIGN WORKERS IN HIRING PRACTICES
Gov. Ron DeSantis on Wednesday, Oct. 29, 2025, said, "We will not tolerate H-1B abuse in Florida institutions." (GovRonDeSantis/X.com)
As such, Trump imposed a $100,000 fee, effective Sept. 21, 2025. The restriction will expire one year from the effective date.
Trump also directed his administration to "initiate a rulemaking to prioritize the admission as nonimmigrants of high-skilled and high-paid aliens."
Meanwhile, another DHS rule will narrow the definition of "specialty occupation" that will allow the department officials to increase worksite compliance inspections before and after an H-1B petition, and require the petitioner’s employer to make the application directly — a move to stop companies from bringing in H-1B immigrants and then contracting them to other companies.
The debate over H-1B visas promises to continue in the coming months and years.
The U.S. Chamber of Commerce has sued the Trump administration to stop its implementation of the $100,000 application requirement, which it says would "make it cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilize the H-1B program."
The lawsuit argues that the new fee is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including a requirement that fees be based on the costs incurred by the government in processing visas.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
The chamber previously warned that restrictions on the H-1B program "have the potential to inflict serious harm upon many American companies."
The case is currently ongoing. It remains to be seen whether Congress will ultimately weigh in one way or another on the issue.
Peter Pinedo is a politics writer for Fox News Digital.
Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox
Subscribed
You've successfully subscribed to this newsletter!
https://www.foxnews.com/politics/american-workers-being-replaced-inside-h-1b-visa-controversy