Context: The US President elect Donald Trump’s supporters are locked in a public row about skilled immigration and H-1B visa.
Relevance of the Topic: Prelims: Key facts about H-1B Visa.
What is the H-1B Visa?
- The H-1B is a Visa in the United States that allows the US employers to employ high skilled foreign workers in specialised occupations. The programme was started in 1990.
- Criterion: Specialty Occupation refers to a job that requires a specific set of specialised skills and educational qualifications.
- Educational Requirement: At least a Bachelor's degree or higher in a specific field of study.
- Specialised Knowledge: Expertise in a particular field like- IT specialists, engineers, scientists, healthcare professionals etc.
- Complex and specialised duties associated with the position.
Eligibility Criteria- Visa Requirements for Employees:
- Education: A person should possess a Bachelor’s degree or higher (or its equivalent) in a specific field directly related to the offered position.
- Job Offer: A person must have a legitimate job offer from a U.S. employer for a specialty occupation.
- Work Experience: Depending on the specific occupation and degree, one may be required to demonstrate relevant work experience in the field.
- Licensing: If the occupation requires a license to practice in the state of intended employment, the employee must generally possess that license before the H-1B petition can be approved.
Duration and Cap
Duration:
- H-1B status is initially granted for three years but can be extended to another three years (maximum of 6 years).
- After 6 years the visa holder has to either leave the US for a period of at least 12 months before returning or apply for and receive permanent residence that is a green card.
- There is no capping on the number of H1-B Visas that an individual can have in his/her lifetime.
Cap:
- Currently, the annual numerical limit is 85,000 for H-1B visas (65,000 new status visas and extra 20,000 visas available to those with a Master’s degree or higher from the US universities.)
- Some H-1B petitions are exempt from the annual cap. (E.g., those for employees of institutions of higher education, non-profit research organisations, or governmental research organisations)
Debate over H-1B Visas
- H-1B Visa has been the highly desired pathway for jobseekers including Indians to migrate to the US.
- People born in India are the largest beneficiaries of the H-1B programme.
- Data from the US government show that Indians account for more than 70% of all H-1B petitions approved each year since 2015.

- Immigration is one of the most polarising political issues in the US. Much of the election time anti-immigration rhetoric focused on low skilled labour migration.
- Critics of the H-1B program claim that this program has been misused by tech corporations to staff their low to mid-level workforce for much less pay than what Americans would demand.
- They are of the view that such immigration depresses wages and takes away jobs that would have otherwise gone to the American working class.
- President elect Mr. Trump has encashed on such sentiments and has promised improved conditions for working American Middle Class by curbing immigration.
- Proponents of H-1B visa argue that this programme is essential for bridging the skill gaps in the USA and wages are market driven. Since, China and India boast the highest number of STEM graduates (more than 6 million combined) in the World. When compared to the number of STEM graduates in the US (nearly 8 lakh), they become critical and vital for the economy.


















