The H-1B visa program is facing renewed criticism after the US Citizenship and Immigration Services ( USCIS) announced it had selected 1,20,141 H-1B visa applications for the fiscal year 2026. This is the lowest number selected since 2021, yet concerns are rising as layoffs continue across the tech sector, according to a report by The Times of India.
Howard University professor Ron Hira, a long-time critic of the H-1B program, said the system is not based on merit or labor shortages. “H-1B workers get selected by a random lottery and not the best and brightest,” Hira said to TOI. He added that the program allows companies to bypass hiring US graduates in favor of cheaper foreign labor.
Hira, whose Indian-born parents migrated to the US on similar visas, testified in the US Senate in 2016, stating that speaking against the program had personal significance. He argued that the system is often misused, especially by outsourcing firms that prioritize cost-saving over job creation in the US.
The H-1B program has an annual cap of 65,000 regular visas, with an additional 20,000 allocated for individuals with advanced degrees from US institutions. When the number of applications exceeds the cap, the USCIS uses a lottery to select candidates.
The 2026 selection figures have raised concerns among US tech workers and political leaders. Republican leader Virgil Bierschwale questioned whether companies are using the system to plan future layoffs. “This 2026 visa approval gets me. Over a year ahead of the current date, they already have approved visas. And they must have a job to have a visa. Which means the employer has already picked out the employee they plan on firing since they are not creating new jobs. How is this not fraud at every level?” Bierschwale told TOI.
The organization “US Tech Workers” added that some of the approved jobs may not even exist. “A huge chunk of H-1B petitions are for jobs that don’t even exist. Indian IT body shops are notorious for hoarding H-1B workers, hoping to lease them out later. If there’s no client, they get ‘benched’—which is illegal. But exploiting desperate migrants is a business model too profitable to quit,” the group stated on X.
The debate has also drawn attention from public figures. While entrepreneur Elon Musk and political commentator Vivek Ramaswamy have supported the program, Donald Trump, known for his tough stance on immigration, said he supports H-1B but remains firm on curbing illegal immigration.
(With inputs from TOI)
Howard University professor Ron Hira, a long-time critic of the H-1B program, said the system is not based on merit or labor shortages. “H-1B workers get selected by a random lottery and not the best and brightest,” Hira said to TOI. He added that the program allows companies to bypass hiring US graduates in favor of cheaper foreign labor.
Hira, whose Indian-born parents migrated to the US on similar visas, testified in the US Senate in 2016, stating that speaking against the program had personal significance. He argued that the system is often misused, especially by outsourcing firms that prioritize cost-saving over job creation in the US.
The H-1B program has an annual cap of 65,000 regular visas, with an additional 20,000 allocated for individuals with advanced degrees from US institutions. When the number of applications exceeds the cap, the USCIS uses a lottery to select candidates.
The 2026 selection figures have raised concerns among US tech workers and political leaders. Republican leader Virgil Bierschwale questioned whether companies are using the system to plan future layoffs. “This 2026 visa approval gets me. Over a year ahead of the current date, they already have approved visas. And they must have a job to have a visa. Which means the employer has already picked out the employee they plan on firing since they are not creating new jobs. How is this not fraud at every level?” Bierschwale told TOI.
The organization “US Tech Workers” added that some of the approved jobs may not even exist. “A huge chunk of H-1B petitions are for jobs that don’t even exist. Indian IT body shops are notorious for hoarding H-1B workers, hoping to lease them out later. If there’s no client, they get ‘benched’—which is illegal. But exploiting desperate migrants is a business model too profitable to quit,” the group stated on X.
The debate has also drawn attention from public figures. While entrepreneur Elon Musk and political commentator Vivek Ramaswamy have supported the program, Donald Trump, known for his tough stance on immigration, said he supports H-1B but remains firm on curbing illegal immigration.
(With inputs from TOI)
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