'H-1B visa holders should be targeted in layoffs': US employee explains why

Business Standard

14 hours ago

An Amazon employee reignited debate on Monday after suggesting that US companies should be legally required to lay off H-1B visa holders before American workers. The post, shared on the professional forum TeamBlind, claimed that foreign employees did not have 'ties' to the United States beyond their jobs and could return to their home countries if dismissed.
'Layoffs need to target H-1Bs first, here is why: Outside of employment, they do not have any ties to the US. If they get laid off, they can return to their home countries and look for jobs,' the user wrote. 'Almost all of the H-1B families preserve their culture, and even if they have kids here, those kids will not have any difficulty adjusting to their parents' culture when they return.'
The post added that H-1B visa holders could 'rack up credit card bills, default on car or house loans, and leave the US Scott free'. It also claimed that Congress should pass laws to prioritise temporary workers during corporate layoffs.
Pushback from users
The anonymous post quickly drew backlash, with many professionals arguing that the US workforce depended on immigrants.
'Good luck building America without H-1Bs. Your country stands on the shoulders of H-1Bs and all immigrants,' one user responded.
Others, however, backed the suggestion, calling it a 'moral and necessary' step for protecting American workers.
The debate comes as US tech giants cut thousands of jobs. Microsoft's latest round of layoffs drew criticism from Republican senator JD Vance, who questioned the hiring of foreign workers.
'We want the very best and the brightest to make America their home. But I don't want companies to fire 9,000 American workers and then to go and say, 'We can't find workers here in America.' That's a bulls**t story,' said Vance at a Hill and Valley Forum event.
Former Trump adviser Steve Bannon also renewed his call for ending all employment-based visa programmes. 'We need to cut all the visa programs. If we are going to do it, let's do it hard-core and clean it up,' said Bannon on his podcast.
Policy shift on H-1B lottery
The Trump administration has already moved towards reforming the visa system. The Department of Homeland Security had filed a proposal to replace the H-1B lottery with a 'weighted selection process', giving preference to higher wage earners.
The change would cover 85,000 visas each year, including 65,000 general slots and 20,000 for advanced degree holders. The rule, which has cleared the White House Office of Information and Regulatory Affairs, will soon be open for public comment.
'Indian professionals, especially in IT, have dominated H-1B numbers for years — roughly seven out of every ten visas go to Indian nationals. With the new system, the higher-paying roles, often in big US tech companies, will be first in line. That means applicants in mid-level service roles, which are common in the IT services industry, may find it tougher,' Sanjay Laul, founder of MSM Unify explained to Business Standard.
Discrimination concerns
The Equal Employment Opportunity Commission (EEOC) has warned employers against discriminatory hiring practices that favour foreign workers.
'Unlawful bias against American workers, in violation of Title VII, is a large-scale problem in multiple industries nationwide,' said Andrea Lucas, acting chair of the EEOC. 'The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.'
According to the agency, employers often preferred foreign workers for reasons such as:
• Lower wage costs through loopholes or off-the-books payments
• Assumptions that foreign workers are less likely to raise complaints
• Client preferences for foreign workers
• Perceptions that foreign workers have a stronger work ethic
H-1B visa holders harm US workers?
Research from the American Immigration Council disputes claims that H-1B visa holders harm US workers. Its data shows that in 2021, H-1B holders had a median salary of $108,000, more than double the national average of $45,760. Between 2003 and 2021, their median wage rose by 52 per cent, compared with 39 per cent for the overall workforce.
'The US economy relies on H-1B visas to address skilled labour shortages, particularly in technology, engineering, and healthcare,' said Jidesh Kumar, managing partner at King Stubb & Kasiva. 'Tech giants and startups alike depend on H-1B professionals for research and product development. Many also go on to become entrepreneurs, creating jobs and boosting the economy,' he told Business Standard.
Kumar added that restricting the scheme could drive talent elsewhere. 'Top global talent may look to Canada or the UK if the US makes it harder for them. That could weaken America's position as a leader in innovation and growth,' he said.