The H-1B visa program is facing criticism from policy experts who argue that it is being misused to hire foreign workers at the expense of American employees. Estimates suggest that over 700,000 H-1B visa holders currently reside in the United States, accompanied by approximately 500,000 dependents. Together, they contribute more than $85 billion annually to the U.S. economy.
This visa category is designed as a temporary program that permits American businesses to hire highly educated foreign professionals for “specialty occupations” requiring at least a bachelor’s degree or its equivalent. Fields such as mathematics, engineering, technology, and medical sciences qualify for H-1B visas.
Policy expert Jessica Vaughan has presented a report to Congress advocating for stricter regulations on temporary work visas. She believes that such programs distort the labor market and lead to the displacement of American workers. Vaughan contends that immigration agencies must allocate more resources to enforcing existing regulations and tackling fraud. According to her, “Not only do they contribute to more illegal immigrants with high overstay rates, but they can also create security risks.”
Vaughan further argues that the United States does not suffer from a labor shortage, whether in skilled professions or lower-wage jobs. “There are millions of Americans of working age who have dropped out of the labor market,” she states.
Even within the STEM sector, Vaughan points out that more than two million U.S. degree-holders in STEM fields are either unemployed or not working in STEM-related jobs, which represents about one-sixth of the total workforce in these areas. She asserts that beyond enforcement efforts, Congress should reform visa programs to prioritize opportunities for American workers.
A key recommendation from Vaughan’s report is that staffing companies should not be permitted to sponsor foreign visa workers. She argues that these companies follow a business model designed to replace American workers with foreign employees who accept lower wages. Vaughan also highlights concerns over illegal hiring practices, including charging workers unlawful recruitment fees and exploiting them—issues prevalent in both high-skilled and low-wage industries.
Another recommendation is holding all employers accountable for high overstay rates among sponsored workers.
Regarding H-1B visas specifically, Vaughan proposes limiting their duration to an initial two-year period, with a possible extension up to four years. She opposes automatic extensions based on pending green card applications.
She also suggests capping the total number of H-1B visas at 75,000 or fewer, including those granted in the nonprofit and research sectors, which currently have no numerical limit. If demand exceeds supply, Vaughan recommends allocating visas to the highest-paying employers as a proxy for selecting the most skilled workers.
Jessica M. Vaughan serves as the Director of Policy Studies for the Center for Immigration Studies, a Washington, D.C.-based research institute that analyzes immigration’s impact on American society and advises policymakers on immigration-related issues.
Beyond the H-1B program, Vaughan also addresses the H-2A and H-2B visa categories, which allow foreign workers to take temporary jobs in the U.S. She suggests that federal agencies should only be allowed to request visa workers under very limited conditions.
For the H-2A visa, which is designated for agricultural labor, Vaughan calls on Congress to redefine “agricultural work” to exclude food processing jobs. Additionally, she proposes requiring H-2A workers to spend at least 180 days each year in their home country before becoming eligible to return. She also recommends barring dependent family members from receiving visas, arguing that such measures would reinforce the program’s temporary nature.
As for the H-2B visa, which is intended for seasonal or temporary unskilled labor, Vaughan advocates for either eliminating it entirely or significantly reducing its scale. She proposes restricting the visa’s duration to less than a year and allowing renewal only after the worker has returned to their home country for at least 180 days.