Kamal Ghorui
Florida’s Republican Congressman, Greg Steube, has introduced a bill in the US House of Representatives seeking to eliminate the H-1B visa program by 2027. The bill titled ‘Ending Exploitative Imported Labour Exemptions Act’, or the EXILE Act calls for amendments to the Immigration and Nationality Act (INA).The proposed measure would reduce the annual cap on H-1B visas to zero beginning in fiscal year 2027. The H-1B programme permits US employers to hire foreign professionals in specialised occupations. It is widely used in sectors such as technology, healthcare, engineering and scientific research, with a substantial number of visa holders coming from India and China.The bill is the second such legislative attempt. In early January, just prior to her resignation from the House, Marjorie Green had introduced the ‘End H-1B Now Act’ which sought to eliminate the H-1B program entirely.The EXILE Act specifically seeks to amend Section 214(g)(1)(A) of the INA, which governs the H-1B visa cap. If enacted, majority of the employers would no longer be able to file H-1B applications once the cap is reduced to zero.Currently the annual cap for H-1B visas is 85,000 (which includes 20,000 reserved for those with advanced US degrees). However, non-profit organisations and universities are exempt from this cap and their H-1B hires are not subject to the annual cap and lottery selection (which is now wage linked). According to immigration attorneys it is not clear, at this moment, whether Steube’s bill will also end hiring in the non-cap category.As per the latest available country-specific data of beneficiaries (those who were awarded the H-1B visa or visa extension), 2.83 lakh Indians were approved for this visa. Next in line were those whose country of birth was China, with 46,680 approvals. Thus, Indians obtained 71% of the visa approvals, Chinese accounted for 12% of all beneficiaries.Steube’s office cites this data, stating that more than 80% of H-1B visas are issued to nationals of India and China, with priority given to younger workers. The statement cites instances of a few large US corporations which fired American workers and hired those on H-1B visas.In a public statement, Steube said that the current H-1B visa system disadvantages American workers and places foreign labour ahead of domestic talent“Prioritizing foreign labour over the well-being and prosperity of American citizens undermines our values and national interests,” he said. “Our workers and young people continue to be displaced and disenfranchised by the H-1B visa program 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,” Steube concluded. The bill comes amid broader debates over the H-1B program. From the upcoming H-1B cap registration, the random lottery process stands replaced by the wage-based weighted selection process. Further a new $100K fee applies to new H-1B petitions (non-transition cases from within the US) significantly increasing costs for employers who wish to sponsor H-1B employees.
