Public comments show sharp divide over US wage-based H-1B rule
Washington: Public comments submitted on the US government’s new H-1B visa rule show a sharp split over how the changes could reshape high-skilled immigration and the technology workforce.
The Department of Homeland Security (DHS) summarised hundreds of submissions received during the rulemaking process in its final rule published in the Federal Register. The comments reflect competing views on whether the H-1B programme helps or harms the US economy.
Several commenters stated that H-1B professionals play a crucial role in driving innovation, productivity, and entrepreneurship in the United States. They argued that foreign-born workers make significant contributions to economic growth, particularly in technology and research fields.
Some comments focused on international students. These submissions said limiting job opportunities for graduates of US universities would weaken innovation and reduce the country’s global competitiveness.
Startups and small businesses featured prominently in many responses. Commenters said these firms are major sources of innovation but often lack the resources to compete with large companies on salaries. They warned that a wage-weighted selection system could shut startups out of the H-1B programme.
Several submissions said many breakthroughs come from early-career professionals and research institutions. These commenters cautioned that higher wage thresholds could favour established firms and reduce diversity in innovation.
One commenter said that startups depend on the H-1B programme to recruit workers with “niche expertise”. The submission warned that the rule would make the programme more expensive and harder to use, limiting growth and global leadership in technology.
Other commenters took the opposite view. They questioned claims of a STEM labour shortage and cited studies suggesting the US has more qualified tech workers than available jobs.
Some comments pointed to unemployment data among the recent US graduates in computer science and related fields. They argued that job prospects for domestic workers have weakened even as employers continue to seek H-1B hires.
Several submissions said the technology industry has overstated skills shortages. One comment described the US IT labour market as “awash with supply”. Others said American students are both interested in and capable of doing high-skilled tech work.
Wage trends were another focus. Some commenters cited research showing flat or declining real wages in computer and mathematical occupations over several years. They argued this suggests an oversupply of labour rather than a shortage.
Other comments accused tech and outsourcing firms of exploiting the H-1B programme. These submissions said companies continued hiring H-1B workers during periods of mass layoffs of US employees.
Several commenters said the programme has been used to replace domestic workers or hold down wages. They argued that stronger controls were needed to protect US labour standards.
Some public submissions supported DHS’s approach. These commenters said discouraging the hiring of lower-wage foreign workers would push employers to recruit qualified US workers who are unemployed or underemployed.
Others raised concerns about the integrity of the system. Comments pointed to possible wage manipulation, inconsistent job descriptions and the use of multiple registrations to increase selection chances.
DHS said it reviewed the public input and disagreed that the rule would harm innovation or economic growth. The department said the changes would help employers attract and retain “highly skilled and highly paid” workers.
The public comments highlight long-standing tensions around the H-1B programme, which sits at the centre of US debates on jobs, wages and immigration.
The H-1B visa, capped by Congress each year, has drawn intense scrutiny for decades, particularly in the technology sector, where foreign-born professionals form a significant share of the workforce.
