The United States' legal immigration system, particularly the H-1B and Optional Practical Training (OPT) programs, is facilitating the replacement of American workers with visa-sponsored immigrants, according to critics. These programs, it is argued, are enabling corporations, especially in the technology sector, to fill roles with foreign workers at lower wage rates than their American counterparts, circumventing the intended purpose of attracting specialized talent.
The H-1B program, designed to bring in highly skilled foreign workers for specialized jobs, is reportedly being exploited. Data from the Department of Homeland Security indicates that between 2020 and 2024, 83% of H-1B visas were for entry-level positions. Furthermore, the Department of Labor found that minimum wages for H-1B workers are set approximately $19,000 lower than those for U.S. workers in similar roles and locations.
The OPT program, which allows foreign students to remain in the U.S. for up to three years after graduation to gain work experience, is also under scrutiny. This program, which has no cap on participants, lacks a requirement for employers to first seek American candidates, and does not mandate a minimum salary, further incentivizing companies to hire foreign workers, sometimes at lower costs. Notably, the OPT program allows participants to remain on student visas, potentially enabling employers to avoid payroll taxes.
Critics point to a significant pool of American talent, including over 11 million working-age individuals with STEM degrees who are not currently employed in STEM fields, as evidence against claims of labor shortages necessitating these programs. The OPT program allows more than 400,000 foreign students to take jobs in sectors like technology and engineering.
The connection between the OPT and H-1B programs allows a pathway for foreign students to transition from post-graduation work experiences to H-1B visas with the same employer. The "dual intent" provision, introduced in the Immigration Act of 1990, further enables these individuals to use their employment to pursue permanent residency.
Both programs are also reportedly plagued by fraud. Investigations have identified thousands of cases of foreign students in the OPT program claiming employment with suspect or nonexistent companies. Additionally, reports have surfaced of networks selling counterfeit degrees used to obtain H-1B visas.
While individual instances of fraud and abuse are being addressed, a fundamental overhaul of the legal immigration system is being called for. The current structure, proponents of reform argue, is intentionally designed to facilitate the mass influx of foreign workers with minimal oversight, rather than prioritizing American labor.