Tuesday, 02 January 2024 12:17 GMT

Florida Governor Calls H-1B Visa A 'Scam', Targets India: 'Hiring Americans Should Be The Priority'


(MENAFN- Live Mint) Amid a continuing crackdown on immigration, Florida Governor Ron DeSantis has called the H-1B visa – used by skilled foreign workers – a“total scam”, claiming it allows companies to hire cheaper labour from India at the expense of American workers.

Speaking to Fox News' Laura Ingraham, DeSantis said, "I think you're right to say the H-1B, it's become a total scam. These companies game the system. Some of these companies are laying off large numbers of Americans while also hiring new H-1B workers and renewing existing H-1B visas."

He added, "...Most of them (H-1Bs) are from one country, India, there's a cottage industry about how all those people make money off this system."

The governor's remarks follow similar comments from US Commerce Secretary Howard Lutnick, who described the H-1B visa system as a scam that allows foreign workers to take jobs from Americans.

Also read | US Senator Mike Lee asks if it is time to pause H1-B visas amid Walmart's denial of alleged misuse

'Hiring American Workers Should Be The Priority'

"Hiring American workers should be the priority of all great American businesses. Now is the time to hire Americans," Lutnick said in an online post.

He also told Fox News that he is involved in a major overhaul of the H-1B and green card programmes, citing pay disparities between average Americans and green card holders as a reason for change.

US authorities have approved a draft rule that would end the H-1B lottery system. Under the proposed changes, visas would be allocated based on wages, giving priority to higher-earning applicants.

If implemented, the rule could affect millions of foreign workers and students, particularly from India, who account for roughly 70 per cent of H-1B visa allocations.

Also Read | In charts: The great Indian American dream falters under Trump

Since President Donald Trump took office in January, the US has already tightened regulations for foreign workers and students, signalling a broader shift in immigration policy.

What is H-1B visa?

An H-1B visa is a non-immigrant visa in the United States that allows US companies to temporarily employ foreign workers in specialty occupations. These are jobs that typically require technical expertise, a bachelor's degree or higher, or its equivalent in fields like IT, engineering, science, medicine, and finance.

Read | 'H-1B system is terrible... Green Cards to change,' Lutnick says US plans major immigration shift

Here are the key points:

Eligibility: The job must require specialized knowledge.

The applicant must have at least a bachelor's degree or equivalent in the relevant field.

Duration: Initially valid for 3 years, extendable up to 6 years.

Employer sponsorship: The visa is tied to the employer, meaning the worker cannot switch jobs without a new H-1B petition.

Cap and lottery system: There is an annual cap of 85,000 visas, including 20,000 reserved for US master's degree holders.

Because applications often exceed the cap, the USCIS runs a lottery to select applicants.

Family: H-1B holders can bring spouses and children under H-4 visas, though H-4 visa holders generally cannot work (unless they qualify for work authorization under certain conditions).

Purpose: It is designed to fill specialised skill gaps in the US labor market where qualified Americans are unavailable.

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