The US is imposing tight controls on limiting hiring preferences of foreign workers on the H-1B visa program, and Indian professionals are sounding alarms. The Equal Employment Opportunity Commission (EEOC) has intensified efforts to protect American workers by warning companies not to favor foreign applicants.
EEOC Warns Employers on H-1B Hiring Bias
On 19 February 2025, EEOC acting chair Andrea Lucas gave a stern warning to employers, emphasizing that national origin discrimination in recruitment is a widespread issue.
“Unlawful discrimination against American workers, contrary to Title VII, is an epidemic problem in many industries across the nation,” Lucas said, according to Business Standard.
She further cautioned companies that favoring visa holders or illegal workers over American citizens is a clear violation of US labor laws.
“The EEOC is warning employers and other covered entities: if you are part of the pipeline fueling our immigration crisis or abusing our legal immigration system through illegal preferences against American workers, you need to stop now,” she further added.
Criticism of H-1B Program and How It Affects Indian Workers
The H-1B visa allows US employers to hire highly skilled foreign professionals in industries like technology, engineering, and medicine. Critics, however, accuse the program of replacing American workers, with some employers allegedly preferring foreign applicants for lower labor costs.
A well-publicized suit against Meta Platforms highlights these fears, claiming the company systematically favored visa holders over U.S. applicants in order to save money.
Stricter Regulations and Their Consequences
Both the Trump and Biden administrations moved to strengthen H-1B visa policies through increased employer audits and altering minimum wage conditions. This has disturbed Indian professionals, who accounted for 72. 3% of total H-1B visas between the period of October 2022 and September 2023.
Jidesh Kumar, managing partner at King Stubb and Kasiva, a corporate law firm, highlighted that H-1B visas are essential in addressing labor shortages in the US.
“Tech giants and startups alike rely on H-1B professionals for innovative research and product development. Many also proceed to become entrepreneurs, generating jobs and stimulating the economy,” Kumar explained.
Experts warn that tighter controls could push international talent to other countries such as Canada and the UK, potentially eroding the US’s position as a world innovation hub.
Debate Over H-1B Salaries
Albeit concerns that American wages are pushed down by H-1B employees, the American Immigration Council disagrees. In their research, H-1B employees have significantly higher income compared to the national average. For 2021, H-1B professionals had a median income of $108,000 compared to $45,760 for any US employee.
With the tightening grip of the US on the H-1B program, the future for migrant skilled labor—especially Indian—remains unsure.