H-1B Visa Hiring Rules - Business Outrank

In recent years, the Trump administration has significantly stepped up its efforts to fight what it calls unauthorized hiring of foreign workers, a practice that has concerned Indian employees in the United States, who primarily use H1-B visas. On February 19, 2025, the Equal Employment Opportunity Commission (EEOC) sent a clear message to businesses that it is illegal to hire foreign workers when there are Americans who can be hired. Acting Chair Lucas said that such discriminatory hiring practices are bad for American workers and that the EEOC would be stepping up its enforcement of those laws. The H1-B visa program has been the subject of debate for many years, and their critics say they allow foreign professionals to do jobs that American workers can do. Their critics say that employers are taking advantage of wage loopholes to bring in foreign talent at lower costs, and this is particularly attractive to tech and healthcare companies. A class action lawsuit against Meta Platforms has ratcheted up the debate to new levels as the company has been accused of deliberately hiring visa holders to save money. The case can proceed after a federal judge’s recent ruling, which has brought even more attention to the foreign worker issue in tech. Despite all of the above, the American Immigration Council notes that H1-B visitors are much better compensated than the average US employee. H1-B visitors earned $108,000 on average in 2021, while all employees in the U.S. earned $45,760. This goes against the narrative that they are stealing American jobs and depressing wages. Indians who constituted 72.3% of the H1-B visas approved between October 2022 and September 2023 will likely be impacted by the policy changes. Along with the tightening of visa policies, Trump has signaled job security and future opportunities for Indian employees in the United States as a whole.

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