Howard University professor Ron Hira, a long-standing critic of the H-1B visa program, has once again raised concerns about how the system functions, arguing that it lacks any real basis in merit and does not reflect a genuine shortage of American workers for high-skilled jobs. According to Hira, U.S. companies are increasingly misusing the H-1B visa to hire cheaper foreign labor rather than offering those positions to qualified American graduates.
Hira, whose parents immigrated to the United States from India using similar work visas, has consistently advocated for reforms in the visa program. His criticism is deeply personal. In 2016, during a Senate testimony on immigration, Hira disclosed his familial ties to the visa system, stating that both his parents came from India and that his wife was also born in India. And hence to testify against this visa program was very meaningful to him personally.
The H-1B visa program, designed to allow U.S. companies to hire skilled foreign workers in specialized fields such as IT and engineering, has recently come under renewed scrutiny following the release of new data from the U.S. Citizenship and Immigration Services (USCIS). The agency reported that 120,141 H-1B visa applications had been selected for the fiscal year 2026. Although this number is the lowest since 2021, it has still sparked controversy, especially among American tech workers who argue that it is excessive given the widespread layoffs occurring across the industry.
Hira pointed out that the selection of H-1B applicants is done through a random lottery system, not based on qualifications or skills. “H-1B workers get selected by a random lottery and not the best and brightest,” he said. This method of selection, he argues, undermines the original intent of the program, which was to attract top global talent to fill labor shortages in America.
Every year, the USCIS uses a lottery to choose visa recipients whenever the number of applications surpasses the annual cap. The H-1B visa cap is currently set at 65,000 per year, with an additional 20,000 visas available for applicants who have earned advanced degrees from U.S. universities.
The relatively high number of visas selected for 2026 has also confused many observers aligned with the Make America Great Again (MAGA) movement, who had anticipated stricter controls on the program under President Donald Trump’s administration. This reaction comes in the wake of a wider public debate surrounding the H-1B visa program, a debate that has included high-profile figures such as Elon Musk and Vivek Ramaswamy, who have expressed support for the program despite Trump’s tough stance on illegal immigration.
Even Trump himself has commented on the matter. While known for his hardline approach to immigration, he has at times expressed support for legal immigration and the H-1B program specifically. During a past controversy over the visa system, Trump remarked that he was “in favor of H-1B,” signaling a more nuanced position than some of his critics and supporters expected.
Republican leader Virgil Bierschwale has also voiced concerns over the 2026 visa approvals. He questioned whether these visa numbers reflect a premeditated plan by employers to replace existing U.S. workers with foreign hires, despite there being no evidence of new job creation. Bierschwale wrote, “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?”
Critics like Bierschwale are alarmed by what they perceive as corporate abuse of the visa process, suggesting that it allows employers to sidestep American labor in favor of foreign hires who may accept lower wages and less favorable conditions. This critique is echoed by other organizations, including US Tech Workers, which focuses on defending the interests of American technology professionals.
In a strongly worded post on X (formerly Twitter), US Tech Workers stated, “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.”
This comment refers to a practice in which visa holders are recruited by consulting firms and then kept on standby—or “benched”—until a client project is found. This is not only illegal under U.S. labor law but also raises serious ethical concerns about how foreign workers are treated and how companies manipulate the system to their advantage.
The ongoing debate around the H-1B program has highlighted a deeper rift in how Americans view immigration and employment. On one side, business leaders and tech entrepreneurs argue that H-1B visas are essential for maintaining global competitiveness and accessing specialized talent. On the other, critics say the program has deviated far from its original purpose and is now being used to undercut American workers.
What is clear from the recent developments is that the H-1B program continues to be a contentious issue, with no easy consensus on how to balance the needs of American businesses, the rights of American workers, and the aspirations of foreign professionals seeking opportunities in the United States.
Ron Hira remains a central voice in this debate. With his deep personal connection to the immigration system and his academic expertise, he brings a unique perspective to the issue. His continued advocacy for reform reflects a broader concern that the visa system, if left unchecked, could erode the integrity of the U.S. labor market and damage the career prospects of homegrown talent.
As the 2026 visa selections move forward, scrutiny is likely to intensify, especially given the broader political climate and the growing unease about job security in the tech sector. Whether or not reforms are introduced in response to these concerns remains to be seen, but the pressure on lawmakers and federal agencies to reevaluate the H-1B program is only increasing.