The Trump administration's efforts to challenge what it deems as illegal hiring preferences for foreign workers, particularly in the H-1B visa program, has caused apprehension among the immigrant community. At the heart of this controversy lies the Equal Employment Opportunity Commission's (EEOC) investigation into the matter, aimed at safeguarding jobs for US workers.
In a stern warning issued on February 19, 2025, businesses were cautioned against prioritising foreign workers over American candidates, with EEOC's acting chair, Andrea Lucas, highlighting the pervasive nature of national origin discrimination in hiring across multiple industries, according to a Business Standard report.
"Unlawful bias against American workers, in violation of Title VII, is a large-scale problem in multiple industries nationwide," said Lucas. "Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers-in direct violation of federal employment law. Cracking down on this type of unlawful discrimination will shift employer incentives, decreasing demand for illegal alien workers and decreasing abuse of the United States' legal immigration system."
Lucas added, "The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop. The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers."
The H-1B visa program, which enables US companies to hire foreign professionals in fields requiring a degree, such as technology, engineering and medical sciences, has come under scrutiny. Critics argue that this program displaces American workers, with some employers allegedly favouring foreign workers due to lower labour costs that get achieved through illegal payments, perceived stronger work ethic, customer preferences or the mindset that foreign workers are easier to exploit because they have limited knowledge of labour rights.
A notable example is the lawsuit against Meta Platforms, which alleges the company systematically preferred visa holders over American candidates to cut costs.
Both the Trump and Biden administrations have introduced measures to tighten regulations around the H-1B system, increasing scrutiny of employers and adjusting wage requirements. However, experts warn that such changes could have far-reaching consequences for Indian professionals, who received 72.3% of all H-1B visas issued between October 2022 and September 2023.
Jidesh Kumar, managing partner at King Stubb & Kasiva, a corporate law firm, emphasises the US economy's reliance on H-1B visas to address skilled labour shortages, particularly in technology, engineering, and healthcare, according to the report. He cautions that tightening the program could drive global talent to other destinations such as Canada or the UK, potentially undermining the US's position as a leader in innovation and economic growth. "Tech giants and startups alike depend on H-1B professionals for cutting-edge research and product development. Many also go on to become entrepreneurs, creating jobs and boosting the economy", he added.
The American Immigration Council disputes claims that the H-1B program harms American workers, citing research that shows H-1B workers are paid well above national averages. In 2021, their median salary was $108,000, compared to $45,760 for all US workers.
