What are H-1B visas, and how do they work?

WASHINGTON (NewsNation) — President-elect Donald Trump is aligning with joint chiefs of the Department of Government Efficiency, Elon Musk and Vivek Ramaswamy, who support work visas.

The debate centers on the H-1B program, which allows employers to hire non-U.S. citizens for highly skilled foreign workers, commonly used in tech, finance and engineering.

Controversy flared after Trump told The New York Post: “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program."

However, critics argue H-1B visas take jobs from American workers.

What are H-1B visas?

The H-1B visa program allows employers to hire non-U.S. citizens for highly skilled jobs temporarily.

The visas are valid for three years but can be extended. Recipients must hold a bachelor's degree or higher in a field related to their specialty.

Immigration services cap the number of new H-1B visas at 85,000 per fiscal year. In 2023, 72% of approved petitions were for people born in India, 12% for those in China, and 71% went to men, according to the U.S. Department of Homeland Security.

H-1B holders can also apply for a green card while on the visa.

What are critics saying about H-1B visas?

Musk defended the H-1B program, writing on X: "The reason I’m in America along with so many critical people who built SpaceX, Tesla, and hundreds of other companies that made America strong is because of H1B.”

Supporters argue that the H-1B program helps the U.S. maintain a competitive edge, while critics claim that it undercuts wages for Americans.

Former presidential candidate Nikki Haley posted to X, "If the tech industry needs workers, invest in our education system. Invest in our American workforce. We must invest in Americans first before looking elsewhere."

In response to critics, Musk proposed reforms to the H-1B program, including raising the minimum salary requirement to discourage low-cost labor abuse.