Kamal Ghorui
A new bill has been introduced in the US Congress that seeks to terminate the H-1B visa programme, in a move that comes amid a wider political push on immigration policy in the United States. Republican Representative Greg Steube of Florida has unveiled the Ending Exploitative Imported Labour Exemptions (EXILE) Act, which, if passed, would amend the Immigration and Nationality Act to eliminate the H-1B non-immigrant visa category. Representative Steube framed the legislation as a response to concerns about American workers being displaced by foreign labour. “Prioritising foreign labour over the well-being and prosperity of American citizens undermines our values and national interests,” Steube said in a statement. “Our workers and young people continue to be displaced and disenfranchised by the H-1B visa programme that awards corporations and foreign competitors at the expense of our workforce. We cannot preserve the American dream for our children while forfeiting their share to non-citizens. That is why I am introducing the EXILE Act to put working Americans first again.”
What the EXILE Act would do
The proposed EXILE Act is designed to eliminate the H-1B visa altogether by removing it from the Immigration and Nationality Act. Under current law, employers can petition for H-1B visas on behalf of foreign workers to fill specialised positions in the United States. The legislation would revoke that authority, effectively ending the programme. Steube and supporters of the bill argue that doing so would protect American jobs and reduce what they describe as unfair competition for employment. Critics of the H-1B programme have long said it allows companies to hire foreign labour at lower wages and displace domestic workers.Read more: H-1B visa under threat: US lawmaker introduces EXILE Act; what it means for Indian applicants
Understanding the H-1B Visa programme
H-1B visa is a non-immigrant visa allowing US employers to temporarily hire foreign workers in specialty occupations, especially those involving technical skills in the fields of science, technology, engineering, and mathematics (STEM). Recipients are permitted to live and work in the United States for up to six years on an initial term that can be extended under certain conditions. The programme is subject to an annual cap: only 85,000 new visas can be issued each fiscal year, including 65,000 under the regular cap and an additional 20,000 reserved for individuals with advanced degrees from US institutions. Statistically, a majority of H-1B visa holders come from India and China, with a strong concentration in the technology sector. Younger workers are often prioritised in the lottery system used to allocate visas when applications exceed the annual cap.Read more: 6 successful conservation stories from India, and why they are such great news
Context of broader immigration measures
Steube’s bill emerges at a time when immigration policy has been a focus of the Trump administration. In recent years, visa vetting procedures have been tightened across several categories, including H-1B. US consular officers have been instructed to review applicants’ social media activity as part of the screening process, in an effort to identify posts perceived as hostile to the United States. Representative Steube has cited past corporate use of H-1B visas in arguing for the bill’s necessity. He pointed to cases where companies allegedly replaced American workers with foreign hires to cut costs. Among the examples Steube highlighted was an instance involving FedEx, where he claimed the company’s use of H-1B visa workers contributed to the closure of more than 100 facilities. He also referenced a 2015 Disney layoff in which 250 employees were replaced with foreign workers hired under the H-1B programme. Steube has additionally criticised Indian outsourcing firms’ use of the visa category. He referenced a 2014 event in which Southern California Edison reportedly fired 540 workers and replaced them with H-1B workers from two Indian firms.
Implications
Supporters of the EXILE Act argue that ending the H-1B visa would protect domestic workers, lower unemployment in certain sectors, and encourage companies to invest in American talent. They say the programme has been exploited to fill positions that could be taken by US citizens and residents. Opponents of the bill caution that eliminating the H-1B visa could have significant negative effects on sectors that rely heavily on specialised foreign labour, particularly technology, healthcare and research. They argue that it could reduce the competitiveness of US companies globally and restrict innovation by limiting access to international expertise. Nevertheless, as Congress continues to deliberate on the bill, the question of the future of the H-1B visa assumes a political status within the wider arena of American politics and policies.
