What Are H-1B Visas? And Why Are They Dividing Trump’s Republican Party?

A feud over immigration is pitting factions of the Republican Party against each other and showcasing billionaire Elon Musk’s increasing influence over the GOP and the president-elect. Donald Trump sided with tech-industry Republicans over the weekend – namely the handpicked chairmen of his newly created Department of Government Efficiency, Musk and Vivek Ramaswamy – over members of his own base regarding policies that offer H-1B visas for highly skilled workers, calling it a “great program.” READ: Elon Musk’s DOGE Agency, Explained “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” Trump told the New York Post. “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.” The conflict over the visas began last week after Trump appointed venture capitalist Sriram Krishnan to serve as senior policy adviser for artificial intelligence. Right-wing political activist Laura Loomer called the appointment “deeply disturbing” and referenced his views on waving caps for green cards and skilled workers. She suggested the sentiment seemed to be in contrast to the America First platform Trump campaigned on and against the views of many Republicans who have often criticized the program, calling for its overhaul. “It’s alarming to see the number of career leftists who are now being appointed to serve in Trump’s admin when they share views that are in direct opposition to Trump’s America First agenda,” Loomer wrote. Musk, Ramaswamy and other tech leaders argued that the H-1B worker visas were important to companies looking for workers with specialized knowledge or training that may not be available in the U.S. labor market. Musk said he would “go to war” over the issue. Here’s what to know about the Republican Party’s rift over H-1B visas: What Are H-1B Visas? The H-1B visa program, enacted by Congress in 1990, allows employers to hire foreign workers in specialty occupations that require “highly specialized knowledge” if the employers “cannot otherwise obtain needed business skills and abilities from the U.S. workforce,” according to the Department of Labor. The visas last for three years and can be extended for three additional years. The tech industry, which relies on the program to bring in thousands of foreign engineers and specialists each year, has long called for an increase in the number of visas permitted. Currently the congressionally mandated cap is 65,000 new H-1B visas per fiscal year, with an additional 20,000 available for people with a master’s degree or higher, according to the U.S. Citizenship and Immigration Services. Certain employers, like research facilities and universities, are exempt from the cap, which only counts visa approvals for initial employment – not applications for continuing work. A 2023 Department of Homeland Security report said that more than 442,000 petitions were approved in total for fiscal 2022, about 132,000 for initial employment in the U.S. and about 110,000 for those continuing employment. The majority of the recipients are from India, followed by China and Canada, according to the DHS report..


Jan. 8, 2025, 12:40 p.m.