Musk and MAGA are fighting over H-1B visas. How do they work?

Tech mogul Elon Musk and Vivek Ramaswamy have faced backlash within President-elect Trump's base after the two signaled their support for the H-1B work visa, a key program to attract international talent that’s been criticized as too complicated and susceptible to abuse.

The backlash heightened on the tech billionaire's social platform X within the last week as Ramaswamy and Musk have faced scrutiny from some in the GOP, including far-right activist Laura Loomer and other hard-line anti-immigration Republicans.

The debate originated from a suggestion last month from Sriram Krishnan, Trump's pick for White House policy adviser on artificial intelligence, that Musk examine removing caps on green cards for skilled immigrants. Krishnan’s comments resurfaced in recent days after he was appointed by Trump to serve in his incoming administration.

The dispute also comes as the Biden administration announced a rule earlier this month clarifying who can apply for the visas, which followed years of lobbying for a more streamlined H-1B process. Some democratic lawmakers previously called on the Biden administration to address gaps in the immigration system to prepare for the incoming Trump administration's expected crackdown on immigration.

Here is what you need to know about the H-1B visa as the program continues to make headlines:

What is an H-1B visa?

The H-1B program is for employers looking to hire people into specialty jobs who are lawfully admitted to the U.S. but are not lawful permanent residents — generally defined as tourists, students or temporary workers. The visas are typically valid for three years, though they can be extended for up to six years, according to the Labor Department.

These specialty occupations require specialized knowledge and at least a bachelor's degree or its equivalent, according to the department.

The purpose of the program is to help employers temporarily hire qualified workers with certain skills and abilities that cannot be obtained from the U.S. workforce.

What is the H-1B application process?

People looking to apply for the program must file an application for the visa with the U.S. Citizenship and Immigration Services (USCIS), which includes certain application fees.

Applicants are required to have a valid passport and documents showing that they are a qualified individual in a specialty occupation as well as proof of a valid job offer from a U.S. employer that is willing to sponsor the visa.

Employers must also file Form I-129 — known as the "petition for a nonimmigrant worker" — with USCIS on behalf of the employee describing the job, employer's background and foreign worker qualifications. The USCIS said it would be publishing a revised edition of the form Jan. 17, 2025, in accordance with the recently announced rule.

How many people can be awarded H-1Bs?

The Department of Homeland Security (DHS) through USCIS is legally limited to award 65,000 H-1B visas per year, with an additional 20,000 for applicants with advanced degrees. Many nonprofits are exempt from that cap.

H-1B petitions subject to the cap regularly exceed the number of legally available visas, which are issued annually at the start of the fiscal year. Applicants are chosen by a lottery system for review, meaning eligible applicants are often denied due to chance.

Cap-exempt organizations can petition for H-1Bs year-round, and they are not subject to a statutory limit.

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