H-1B visa row: Why Trump, Musk, and MAGA clash over India's favourite visa

The H-1B visa controversy erupted after the appointment of Chennai-born venture capitalist Sriram Krishnan as Trump's top artificial intelligence (AI) adviser

Weeks before Donald Trump takes office again as the US President, his supporter base finds itself divided over the H-1B visa programme, which allows skilled foreign workers to work in the US. The controversy erupted after the appointment of Chennai-born venture capitalist Sriram Krishnan as Trump’s top artificial intelligence (AI) adviser.  

 

Krishnan’s November 2023 post on X, advocating for “unlocking skilled immigration,” resurfaced and drew backlash from far-right MAGA supporters, who view such positions as a betrayal of Trump’s “America First” policy. Right-wing influencer Laura Loomer criticised Krishnan's appointment.

 

However, high-profile figures in Trump’s circle, including Elon Musk and Vivek Ramaswamy, have staunchly defended the H-1B programme, further intensifying the division within Trump’s ranks.  

 

 

What is the H-1B visa?

 

The H-1B visa programme, introduced in 1990, was designed to allow US companies to hire foreign nationals in specialised roles that require a high degree of expertise and at least a bachelor’s degree. It is particularly important in STEM (Science, technology, engineering, and mathematics) fields.

 

Key features of the programme include:  

< An annual cap of 65,000 visas, with an additional 20,000 for those holding advanced degrees from US institutions.  

< A validity period of three years, extendable up to six, after which holders must either leave the US or apply for permanent residency.  

< Exemptions for certain nonprofit organisations and research institutions, which are not subject to the annual cap.  

 

Indians are the largest beneficiaries of the programme, accounting for over 70% of H-1B visas issued annually since 2015. Chinese nationals rank a distant second, at around 12%. This dominance has drawn criticism from anti-immigration voices, who allege that the programme undermines American workers by allowing corporations to hire cheaper foreign labour.  

 

Why is the H-1B visa controversial?

 

Critics of the H-1B system, particularly within Trump’s MAGA base, argue that it depresses wages and displaces US workers. They claim that companies exploit the programme to hire foreign workers at lower wages, bypassing qualified Americans.  

 

A Bloomberg analysis of financial year 2023 data revealed that nearly 70% of H-1B visa approvals for Indian professionals were for salaries below $100,000 annually. In contrast, the median salary for IT professionals in the US was $104,420 in May 2023, according to the US Bureau of Labour Statistics.  

 

Supporters of the programme, however, maintain that it is critical for addressing the US skills gap. Data from the Centre for Security and Emerging Technology (CSET) highlights that India and China produce significantly more STEM graduates annually than the US, reinforcing the need for skilled foreign talent.  

 

In December 2024, Bloomberg published a detailed report featuring former US-born employees of India-based IT firm Cognizant Technology Solutions, who alleged that “H1-B workers were favoured over US employees.” In October, a US jury found the IT major guilty of discriminatory practices against non-Indian workers.

 

Earlier in 2024, several Tata Consultancy Services employees in the US filed a complaint with the US Equal Employment Opportunity Commission, accusing it of racial discrimination and favouring individuals on H1-B visas for jobs.

 

Amid the ongoing criticism of the H-1B programme, the Joe Biden administration introduced new rules last week to simplify the hiring of foreign workers by US companies. The changes also made it easier for individuals to transition from F-1 student visas to H-1B visas.

 

Musk and Ramaswamy: Defenders of H-1B visas

 

Elon Musk, CEO of Tesla and SpaceX, has been a vocal advocate for the H-1B visa programme. "If you want your team to win the championship, you need to recruit top talent wherever they may be," Musk posted on X.

 

As a former H-1B holder, Musk says that the US must continue attracting top-tier global talent to maintain its technological edge. “There is a permanent shortage of excellent engineering talent,” Musk said in a December 2024 post on X.  

 

However, Musk has acknowledged flaws in the current system and proposed reforms, including raising the minimum salary for visa holders and introducing annual fees to maintain the visa. “Making it materially more expensive to hire from overseas than domestically will ensure the programme benefits the US economy,” Musk said.  

 

Vivek Ramaswamy, co-chair of the incoming Department of Government Efficiency (DOGE), has taken a similar stance. While he previously criticised the H-1B programme as “indentured servitude,” Ramaswamy now supports reforms that would make the system merit-based. He has proposed replacing the lottery system with a performance-driven model to attract the best talent while safeguarding opportunities for Americans.  

 

Trump’s shifting position

 

Donald Trump’s stance on the H-1B visa programme has evolved significantly over time. During his 2016 campaign, he criticised the system for allowing companies to undercut American workers and promised to reform it. As President, Trump issued the "Buy American and Hire American" executive order, directing his administration to prioritise highly paid and highly skilled applicants for H-1B visas.  

 

By December 2024, however, Trump’s tone had softened. “I’ve used H-1B visas many times for my properties,” he said recently. “It’s a great programme for bringing in top talent.”  

 

This shift has frustrated some of his MAGA supporters, who accuse Trump of caving to corporate interests. They argue that aligning with figures like Musk and Ramaswamy undermines the “America First” principles that define the movement.

 

Several prominent Trump supporters have voiced opposition to the H-1B visa programme, criticising its potential to displace American workers and lower wages. Here are some of the key figures:

 

Opponents of H-1B among Trump supporters

 

1. Steve Bannon

Former Chief Strategist for Trump, Bannon has been vocal about his opposition to the H-1B system, calling it a tool exploited by Silicon Valley to undermine American workers.

 

2. Laura Loomer

A far-right activist, Loomer frequently criticises the H-1B programme for allegedly taking jobs away from skilled American graduates.

 

3. Matt Gaetz

Republican Congressman, Gaetz has raised concerns about companies using the H-1B visa to hire cheaper foreign workers instead of prioritising American talent.

 

4. Lou Dobbs

Former Fox Business anchor and a staunch Trump ally, Dobbs has repeatedly criticised the H-1B system on his shows, calling for reforms or its outright elimination.

 

5. Michelle Malkin

A conservative commentator, Malkin is known for her advocacy against the H-1B programme, labelling it as detrimental to American workers.

 

6. Tucker Carlson

Former Fox News host, Carlson has questioned the need for the H-1B visa programme, often pointing out its potential to harm US citizens in the job market.

 

Economic and political implications

 

The H-1B debate exposes deep divisions within Trump’s supporter base, reflecting broader tensions in US immigration policy. Far-right critics see the programme as an extension of policies that favour big corporations over ordinary Americans.  

 

However, industry leaders argue that restricting H-1B visas could harm the US economy by driving talent to competing nations. Countries like Canada and Australia, which offer more liberal immigration policies, are already attracting skilled workers who might otherwise have moved to the US.  

 

'H-1B visa system flawed'

While defending the H-1B programme, both Musk and Ramaswamy have acknowledged the need for systemic reform. Musk suggested raising the minimum salary threshold to ensure that only highly skilled workers are admitted. Ramaswamy has called for an overhaul of the visa allocation process, arguing that a merit-based system would address concerns about fairness and efficiency.