Fixing the H-1B Visa Program: A Conservative Case for Reform

In the debate erupting on X over the H-1B visa program, an unexpected twist has emerged. Former President Donald Trump, despite his "America First" mantra, has expressed his support for the program, describing it as "a tremendous success for bringing talent into the country." Elon Musk, an unwavering advocate for innovation, all but declared it a hill he’ll die on, emphasizing its importance for maintaining America’s competitive edge. Meanwhile, the MAGA faithful—staunch defenders of American workers—vocally oppose what they perceive as a betrayal of their cause. Beneath the noise, one truth remains: the H-1B visa program is deeply flawed. However, with targeted reforms, it could strike a balance by aligning with national interests. Stricter guidelines could preserve opportunities for domestic workers by ensuring fair wages and genuine skill gaps, while still attracting the world’s best and brightest who aspire to contribute to America’s greatness.

The Problem

Let us first steelman the criticisms, for a program can only be improved when its flaws are fully understood. The H-1B visa program’s most glaring abuses fall into three categories: the displacement of American workers, the suppression of wages, and the exploitation of foreign labor.

Consider the 2015 case of Disney—a quintessentially American brand that forced domestic employees to train their foreign replacements before handing over their severance checks. Such stories are not isolated incidents but emblematic of a broader trend. In 2021, major technology firms faced scrutiny for similar practices, where H-1B workers were hired at significantly lower wages than their American counterparts, displacing domestic talent. Employers, shielded by legal loopholes, exploit the program not to fill genuine gaps in specialized labor but to cut costs by hiring cheaper foreign talent. Critics argue that the "prevailing wage" requirement is anemic, with enforcement as rare as fiscal restraint in Congress.

Meanwhile, foreign workers, ostensibly beneficiaries of the program, find themselves in a gilded cage—beholden to employers who wield visa sponsorship as leverage. This imbalance of power breeds exploitation, with workers often enduring subpar wages and working conditions under the implicit threat of deportation. In another well-documented case, staffing firms in 2022 were exposed for filing thousands of fraudulent petitions, bringing workers into the U.S. without actual job offers and leasing them to other companies for profit.

And then there is the issue of fraud. Staffing firms and third-party contractors have turned the program into a bureaucratic shell game, filing petitions for phantom jobs and "leasing" workers to the highest bidder. These practices not only subvert the intent of the program but also erode trust in the broader immigration system, highlighting the urgent need for comprehensive reform.

The Historical Context

As President Ronald Reagan once noted, "A nation that cannot control its borders is not a nation." Immigration policy, like all governance, must serve the national interest. While the H-1B program has undeniably served our nation’s technology sector well, helping to build some of the world’s most innovative and valuable companies, it has also been widely abused. Originally conceived during the tech boom of the 1990s, a time when America led the world in innovation and desperately needed skilled labor, the program has metastasized into a tool for corporate greed. Today, it risks being exploited not to attract top-tier talent but to bring in cheaper labor for positions as far removed from its intent as 7/11 clerks and janitors, undermining the very workforce that made America great.

Contrast this with earlier periods of American labor history, where the nation prioritized the development of domestic talent. The Morrill Act of 1862, which established land-grant universities, sought to cultivate homegrown expertise in agriculture and mechanics. It was an investment in American potential, a model we would do well to emulate today.

Proposed Solutions

To salvage the H-1B program, we must address its structural flaws with reforms that honor both the spirit of the program and the principles of conservative governance.

1. Prioritize High-Skilled, High-Wage Jobs

The current wage floor for H-1B workers is not just low; it is subterranean, often hovering around $60,000 annually for entry-level positions. This threshold is far below what is paid to comparable domestic workers in high-demand sectors. By increasing the minimum wage threshold to at least $150,000 and indexing it to the top 90% of earnings in each profession, we can ensure that visas are awarded to truly exceptional talent. This move would eliminate the program's misuse for low-skilled or lower-wage roles and incentivize employers to hire H-1B workers for genuine skill gaps rather than cost-cutting. Employers would no longer find it profitable to exploit the program, thereby protecting American workers and restoring fairness to the labor market.

2. Enhance Oversight and Enforcement

The Department of Labor and U.S. Citizenship and Immigration Services (USCIS) must be empowered with the resources and mandate to investigate abuses rigorously. For instance, cases like Disney’s 2015 scandal, where American workers were forced to train their foreign replacements under threat of losing severance, highlight the need for stringent oversight. Another example is the widespread use of staffing firms filing fraudulent H-1B applications for jobs that do not exist, only to "lease" these workers to other companies. Automatic audits for companies offering wages below the 90th percentile and significant penalties for such violations would deter bad actors. Fraudulent filings, such as petitions for non-existent jobs, should be met with swift fines and bans from future participation in the program.

3. End Visa Dependency

The H-1B system traps foreign workers in a state of dependency, leaving them vulnerable to exploitation. Current regulations often tie workers to their sponsoring employers, forcing them to remain in jobs that may underpay or mistreat them out of fear of losing their visa status. This system undermines the program's true goal: to bring the world’s best and brightest talent to America while allowing them to thrive. By allowing visa portability—the ability to switch employers without jeopardizing legal status—we can empower workers to negotiate their fair market value and seek better opportunities. For example, countries like Canada and Australia have successfully implemented visa portability, ensuring that skilled workers are not locked into exploitative positions and can contribute dynamically to their economies. This reform ensures that both the U.S. and the worker benefit: the nation retains top-tier talent to drive innovation and competitiveness, while workers can fully realize their economic potential. Furthermore, a streamlined process for transferring visas would eliminate unnecessary bureaucratic delays, fostering a dynamic labor market where the government does not artificially choose winners and losers in the private sector. Instead, talent and merit would determine outcomes, ensuring a win-win for all stakeholders.

4. Address the Lottery System

The current lottery system is arbitrary and undeniably not in line with an "America First" approach. With more than 65,000 general H-1B visas and 20,000 advanced degree visas available annually, we should ensure these limited slots go to the best and brightest talent. Allocating visas to the highest-paid and most productive roles—rather than low-skilled positions like janitors or clerks—would ensure that the program aligns with its intent and supports national interests. This approach would incentivize employers to offer competitive wages, at or above those paid to American workers, effectively eliminating cost-cutting motivations. By making it more expensive to hire foreign workers than equally qualified Americans, companies would naturally prioritize hiring domestic talent where possible. A lottery system based on anything other than merit and market demand is inefficient and counterproductive, and it should be replaced immediately to restore fairness and economic logic.

5. Discourage Offshoring

H-1B workers should not be a Trojan horse for outsourcing. Employers with a history of offshoring jobs or requiring American employees to train foreign replacements should be disqualified from the program. This would ensure that the program serves to strengthen—not weaken—the domestic labor market.

Conclusion

Reforming the H-1B visa program is not an act of hostility toward immigration; it is a commitment to putting America first. The goal should be to encourage the world’s best and brightest to come to the United States, not just as workers but as future Americans who want to help build our great nation. This principle aligns with America’s long history of attracting top global talent, from Albert Einstein’s groundbreaking work to Sergey Brin’s role in co-founding Google. These individuals did not merely integrate into our society; they helped redefine it through innovation and enterprise. We should actively poach the smartest minds from around the globe, ensuring they contribute to our economy, innovation, and society. This approach not only attracts top-tier talent that creates amazing jobs for Americans but also ensures our immigration policy serves national, not foreign, interests. By prioritizing merit, enforcing accountability, and protecting both domestic and foreign workers from exploitation, we can transform the H-1B visa into a program that embodies opportunity and fairness while driving America’s greatness.

As Reagan once quipped, "The best social program is a job." Let us ensure that those jobs remain within the grasp of the American people while opening the door to the world’s best and brightest on terms that respect our nation’s values. Anything less would be unworthy of the nation that first dared to dream of liberty for all.

If you don't already please follow @amuse on 𝕏 and subscribe to the Deep Dive podcast.

.