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The Hill
a day ago
- Business
- The Hill
H-1Bs are wreaking havoc on American workers
When it comes to immigration, there's a refrain that periodically arises with respect to new immigrants: 'They're even more American than us,' or something to that effect. And if immigration causes any ill effects on Americans already here — such as disruptions in the economy or employment environment — they are reminded that they should just grit their teeth and 'learn to code.' Unfortunately, that advice may no longer be helpful. Layoffs in the tech industry for 2025 had already exceeded 80,000 as of July, according to estimates. Although the public may know the tech climate has been bleak, they haven't heard much about the causes. Corporate executives have been eager to insinuate that AI is driving the employment environment. Amazon CEO Andy Jassy said in June that there would 'be fewer people doing some of the jobs that the technology actually starts to automate.' However, Jassy did not mention another factor — the employment data indicate that Amazon has led corporate America in spurning U.S. workers in favor of foreign-born alternatives. The company's main operating arm submitted 31,817 Labor Condition Applications for H-1B, H-1B1, and E-3 visas in the second quarter of fiscal 2025, according to data published by the Labor Department's Office of Foreign Labor Certification. The number grows higher — to 40,757 — if one accounts for Amazon Web Services, the company's cloud-management division. NVIDIA placed a distant second with 27,244 applications. Other top offenders included Goldman Sachs, which used three entities to file more than 26,000 applications. There's also Microsoft (14,181 applications) and Apple (8,393 applications). Labor Condition Applications allow companies to fill roles based in the U.S. with foreign laborers. They recently came under fire from Vice President JD Vance. Alluding to Microsoft's announcement of layoffs weeks earlier, Vance said at an event, 'You see some Big Tech companies where they'll lay off 9,000 workers, and then they'll apply for a bunch of overseas visas.' He added that he 'just found out' and had 'not yet had that conversation with Microsoft.' In a statement, Microsoft denied that Americans had been laid off as a result of their foreign alternatives, pointing to the fact that it had also reduced its H-1B workforce. 'Our H-1B applications are in no way related to the recent job eliminations in part because employees on H-1Bs also lost their roles,' a spokesman told me. He added that 78 percent of Microsoft's applications over the last 12 months were for 'existing employees.' Although these foreign workers are, in theory, intended to fill 'high-skill' roles, the data tell a different story. According to the Labor Department, 82 percent of Microsoft's H-1B applications for 2025 have been for positions the department classifies as Level I or II — entry or mid-level roles paid at or below the 34th wage percentile. To put that in simpler terms: Microsoft is paying 82 percent of its foreign workers less than the prevailing market rate for their positions. Even if Microsoft were able to find Americans willing to work for less than they're worth, Microsoft wouldn't be required to make any attempt to hire them — despite a widely held belief that H-1B employers are required to certify that they haven't been able to find Americans to employ. 'It is remarkable how many policy wonks, news organizations, and academics get this critical fact wrong,' Howard University Professor Ron Hira, an H-1B expert who has testified on the issue before Congress, told me in an interview. 'My experience suggests that more elites believe the falsehood than the truth. The program would look radically different and function much better if such a requirement existed.' It is little wonder that younger Americans suspect all of this labor importation may have something to do with the challenges they're facing. That applies not just in terms of employment, but also of problems ranging from the national housing shortage to the rising cost of car insurance to traffic congestion — which, as anecdotal evidence would have it, spontaneously fell amid immigration raids in Los Angeles last month. Naysayers will disagree, nitpick, or read legalese about how their foreign workers were onboarded years ago to rationalize the idea that Americans haven't been affected. And that's fine, but it isn't going to change the fact that voters aged 18-21 sided with Republicans by a double-digit margin in Yale's recent youth poll, largely due to these very concerns. Of course, those numbers could shift, particularly if Republicans fail to take action — likely pushing those young voters even further to the right. Aside from Vance, mainstream politicos have been largely silent on this issue — perhaps because they don't want to offend their corporate patrons. The best they can do is stay silent and hope that voters forget. The media appear to be fully on board with that plan. As of July, a search for stories involving the Office of Foreign Labor Certification published within the last year returned zero results from outlets including The New York Times, Washington Post, and NBC News, among many others. Contrast that with The Times' obsessive concern with the State Department terminating a little more than 1,300 employees. 'Cuts at State Department Demote Longtime U.S. Values,' the paper declared in the headline of a news (not opinion) article. It sounds like firing a federal worker is akin to an attack on the very fabric of America's values. By that measure, they must be the most American of us all. That must be nice, but it may not elicit much sympathy from those who have somehow been deemed less essential to the country than their foreign replacements.
Hindustan Times
3 days ago
- Business
- Hindustan Times
Despite 60-day grace for H-1B visa holders, laid off workers get deportation notices; here's why
H-1B visa holders in the US, who have been laid off from their jobs, are getting deportation notices, despite a 60-day grace period being in place. The matter was reported by NAFSA -- an association of international educators. A Notice to Appear (NTA) begins the deportation process before an immigration judge. Image for representation(Unsplash) NAFSA stated that US Citizenship and Immigration Services (USCIS) was sending "Notices to Appear" to some H-1B holders whose employers were withdrawing the petitions after an 'employment separation'. The non-profit professional organization for professionals in all areas of international education said it was cognizant of the reports that such notices were being sent by the USCIS. A Notice to Appear (NTA) begins the deportation process before an immigration judge. DHS rules about deportation and grace period explained H-1B visa rules state that when the holder's employment ends – voluntarily or involuntarily – they and their dependents can stay in the US up to 60 days or till the I-94 expires, whichever comes earlier. Also Read | Green card rules change for married couples: See the new immigration guidelines This period is meant to help the individual seek new employment, change their visa status, or make plans to leave. NAFSA cited 8 CFR 214.1(l)(2) to make its case, which states 'An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period.' However, 8 CFR 214.1(l)(2), apart from providing the 60-day grace period, also states that the 'DHS may eliminate or shorten this 60-day period as a matter of discretion.' NAFSA also noted that issuing NTAs solely on the basis of employers withdrawing the petitions is not in the scope of USCIS's February 28, 2025, issuance policy memo. The moves comes amid the Donald Trump government's crackdown on immigration.
CNN
24-07-2025
- Business
- CNN
Work visas for the United States: price, requirements, duration, and how to apply
With the tougher immigration rhetoric and the new measures announced by US President Donald Trump in his second term, uncertainty is growing among those who want to work in the United States. Despite the restrictive environment, the country continues to offer several legal avenues for foreign nationals to work temporarily or in specialized positions. From agricultural jobs to executive positions, there are dozens of types of work visas—with different requirements, terms, and conditions—that allow people to work legally. Here we explain the most common ones, how to apply for them, and how much they cost. This type of visa is for specialized workers—highly qualified professionals in fields including engineering, technology, medicine, and higher education. H-1B1: for specialized workers from Chile and Singapore. H-1B2: for specialists who will work on projects for the Department of Defense's Cooperative Research and Development program. H-1B3: for fashion models of distinguished merit and ability. Applicants must have the educational qualifications, training, or experience in the chosen specialty. Eligibility criteria vary depending on the type of H-1B visa and can be found on the US Citizenship and Immigration Services (USCIS) website. Once Form I-129 has been filed by the employer and approved by USCIS, the applicant must apply for an H-1B visa through the US Department of State at a US embassy or consulate. Individuals on the H-1B visa may be admitted for a period of up to three years. Their stay may be extended, but generally not for more than six years. The visa application fee is at least $190. Each year, the United States grants thousands of H-2 visas to workers with or without experience (non-professional and non-degree workers) to work temporarily in the country. This category is divided into two types: H-2A for agricultural workers and H-2B for non-agricultural workers. In 2025, the US government authorized 64,716 supplemental H-2B visas for employers who certify that they will face irreparable harm if they do not hire all the requested workers. Of the total, 44,716 are for returning workers and 20,000 are for citizens of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, and Haiti. Additionally, as of November 8, 2024, Belize was officially included on the list of eligible countries for the H-2A and H-2B programs, according to a joint statement from the Department of Homeland Security and the Department of State. Applicants must be citizens of one of the eligible countries; see details here: H-2A for agricultural workers H-2B for non-agricultural workers Temporary jobs available in the United States are posted on the Department of Labor website. Interested individuals can visit the site and search by occupation, industry, employer name, location, start date, or type of work, whether agricultural or non-agricultural. Those interested in these vacancies should call the phone number, write to the email address, or visit the website indicated under 'Recruitment Information' to request more information and/or apply for the available vacancy. Once an employer has approved their Form I-129, potential workers located outside the US must apply for an H-2A or H-2B visa (after USCIS approves their Form I-129) with the Department of State at a US embassy or consulate. Finally, they must apply for admission to the US at a US port of entry. A new rule went into effect on January 17, 2025, strengthening protections for H-2A and H-2B workers and granting greater flexibility in their employment. USCIS also began requiring exclusive use of the updated Form I-129. The maximum period of stay for both visas is three years. H-2 visas are granted for a period of one year, although two extensions of up to one year each may be requested. The extension request must be submitted before the expiration date, and workers may remain in the US during the extension process. After a three-year stay, H-2 visa holders must depart the US for a period of three uninterrupted months before applying for readmission under the same visa type. The visa application fee is $190. In 2025, Congress passed legislation authorizing an additional fee called the Visa Integrity Fee. Although not yet officially implemented, the legislation stipulates that the fee would be $250, which would bring the total cost to $440 if it goes into effect. Since January 17, new rules modernizing the H-1B and H-2B visa programs have taken effect. Key changes include the mandatory use of an updated version of Form I-129 and greater flexibility for H-1B visa applicants, who can now change employers or immigration status more easily. For the H-2B visa, the annual quota has been expanded to a maximum of 120,000 permits, and worker protections have been strengthened, including mechanisms for reporting labor abuses. TN visas were created under the North American Free Trade Agreement (NAFTA) between the United States, Mexico, and Canada. Qualified Mexican and Canadian citizens can apply for admission to the United States as nonimmigrants to perform temporary work. To apply for a TN visa, you must be a citizen of Mexico or Canada, demonstrate professional proficiency in one of the professions established by NAFTA, have a prearranged full- or part-time job offer from a US employer, and meet the education and work experience requirements for the profession. Mexican citizens who wish to apply for a TN visa must complete DS-160 form online, print the application confirmation page, and attend an interview at the US Embassy or Consulate in Mexico. For the interview, the applicant must bring a valid passport, confirmation of the DS-160 form, receipt of payment of the application fee, a job offer letter or contract in the United States, and documentation demonstrating that they meet the minimum education and/or work experience requirements. Up to three years. However, there is no specific limit on the total period a foreign national may remain on a TN visa as long as they continue their employment relationship. The visa application fee is $185. The O-1 visa is for individuals who have extraordinary ability in the sciences, arts, education, business, or athletics, or who can demonstrate extraordinary achievements in the motion picture or media industry and have been recognized for those achievements. There are two subcategories for O-1 visas: O-1A: Individuals with extraordinary ability in the sciences, education, business, or athletics. O-1B: Individuals with extraordinary ability in the arts or extraordinary achievements in the motion picture or television industry. US Citizenship and Immigration Services (USCIS) stipulates that to qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability recognized nationally or internationally. There is a list of documentation that the applicant must submit, which USCIS lists on its website. A US employer or agent must submit Form I-129, the contract between the petitioner and the beneficiary, the itinerary, and evidence to demonstrate the beneficiary's eligibility. USCIS will determine the time necessary to complete the activity for which the beneficiary was requested. New petitions involving new events or an event that is materially different from the event included in the initial petition may be approved for up to three years. The visa application fee is $190.
