H1-B Visa Row: What Is The US Visa Programme And Why Has It Become A Hot Topic On Social Media? EXPLAINED

Recently, MAGA loyalists have started to raise voice against immigrants after Indian-American Sriram Krishnan was appointed as the Senior Policy Advisor for Artificial Intelligence at the White House.

Any non-US citizen who is looking for employment in the United States needs to obtain an H1-B visa under the Immigration and Nationality Act to work in specialty occupations.

Source : Online Visas

The H1-B visa programme, which allows skilled professionals to work in the Unired States, is currently a hot topic of conversation on social media. Starting with right-wing activists calling for the removal of the visa programme, following the appointment of Indian-American Sriram Krishnan as Senior Policy Advisor for Artificial Intelligence at the White House, the matter became more intense after tech billionaire Elon Musk waded into the debate in support of highly skilled legal immigrants. Even US President-elect Donald Trump has now spoken on the matter, coming out in support of the visa programme.

"I’ve been a believer in H-1B. I have used it many times. It’s a great program," Trump said in an interview to the New York Post Saturday, December 28. 

Before diving into how the entire debate started, let's first take a look at what the H1-B visa programme is and who are eligible for these visas.

What Is The US H1-B Visa Programme?

The H1-B visa is a non-immigrant visa programme that helps US employers in recruiting foreign nationals to work in the country for specialised roles for a particular duration. Any non-US citizen who is looking for employment in the United States needs to obtain an H1-B visa under the Immigration and Nationality Act to work in specialty occupations.

To apply for the visa programme, individuals need to submit certain documents. Further, the employer needs to sponsor the application, including the associated visa expenses, and also complete the needed documentation on behalf of the applicant.

The individual is not allowed to apply for the H1-B visa on their own as the programme requires sponsorship from US employers. Typically, H-1B visas are issued for a three-year period, but can be extended. H1-B visa holders often go on to apply for green cards, which allow them permanent residency and work permit in the US.

Who Can Obtain The H1-B Visa? 

To be eligible for the H1-B visa programme, the following conditions need to be fulfilled by an individual:

• They must possess a valid job offer from an American employer that requires a specialty. A specialty occupation needs specialised knowledge and the individual must hold a bachelor’s degree or equivalent work experience in fields such as information technology (IT), engineering, science, medicine, mathematics, accounting, finance, architecture, etc. 
• They need a bachelor’s degree or proven experience in a particular field.
• Their employer has to show that they genuinely searched for qualified Americans before opting for the individual.
• They are willing to come to the US to earn and not with the intention to follow a hobby or do any humanitarian service.

Benefits Of H1-B Visa

By enrolling in the H1-B visa programme, individuals get certain benefits that can make their stay in the US more convenient. Some of the major benefits are:

• The H1-B visa allows individuals to obtain a social security number.
• The visa programme lets people apply for a state ID or a driver’s license in the US.
• The individual can open a bank account or rent/buy a car if they enroll in the H1-B visa programme.
• The visa also allows individuals to purchase or rent a property in the US.

H1-B Visa Controversy: How It Began?

The controversy around the visa started earlier this week after far-right activists and MAGA (Make America Great Again) loyalists criticised the President-elect's decision to appoint Indian-American Sriram Krishnan for the AI policy advisor role. The activists claimed that this decision will impact the government's immigration policies as Krishnan would have influence on this.

Krishnan had in the past spoken in favour of removing the cap on green cards and bringing in more foreign talent on H-1B visa.

The matter got more intense after Elon Musk joined the debate and asked the immigration hard-liners to "take a big step back". Musk even said: "The reason I’m in America along with so many critical people who built SpaceX, Tesla and hundreds of other companies that made America strong is because of H1B."

The President-elect also came out in support of providing the visas for highly skilled workers and said in his interview to New York Post: "I’ve always liked the visas, I have always been in favour of the visas. That’s why we have them."

Notably, Trump had in the past called the H-1B visas “very bad” and “unfair” for US citizens. During his previous term, he had come out with a “Hire American” policy, directing changes to the programme so the visas were awarded only to the most-skilled or highest-paid applicants.

The US tech industry depends on the H1-B visa programme to recruit skilled workers from abroad to run their companies. In fact, Musk's electric-car company Tesla itself obtained 724 H1-B visas in 2024, according to a Reuters report.  

Meanwhile, These comments come as the debate over immigration gets heated up and right wing activists continue to push for removing the H1-B visa programme in a protectionist bid to provide more job for the local population.