Key Takeaways
• H-1B visas are randomly assigned via lottery, not based on skill or actual labor shortages.
• Employers are not required to prove the unavailability of qualified U.S. workers before hiring H-1B candidates.
• Professor Ron Hira’s testimony and research highlight wage suppression and possible displacement of American workers through current H-1B practices.
Howard University professor Ron Hira, an expert well known for his work on labor and immigration policy, recently made a strong claim about the H-1B visa program. He says that the way H-1B visas are given out in the United States has no true link to either worker shortages or merit. This statement has started more discussions about how the country brings in foreign workers for jobs, especially in tech and other skilled fields.
The Heart of the Argument: Who Gets H-1B Visas and Why?
Professor Hira’s main point is clear. He believes that the H-1B system is set up in a way that allows companies to hire foreign workers even if there are qualified Americans available for the same roles. He argues that employers do not have to prove there are no suitable American workers for the jobs they want to fill with H-1B workers. In fact, the law does not make companies recruit Americans first for these jobs.
Quoting from his testimony to the United States Senate, Prof. Hira said, “There are no requirements to demonstrate a shortage of Americans prior to hiring an H‑1B… Employers do not need to recruit American workers for a job filled by an H‑1B.”
This means that you, as a job-seeker or worker in the United States, are not protected by a rule that says companies must look for you before looking outside the country. Instead, they can choose to hire a foreign national from the start.
How the H-1B Visa Process Works
The H-1B visa allows companies in the United States to hire foreign workers for jobs that usually require a college degree or higher. This covers fields like computer science, engineering, math, and medicine.
Every year, the United States sets a cap on fresh H-1B visas. Currently, there are 65,000 regular spots and an extra 20,000 for people with advanced degrees from U.S. schools. But the number of applications always far exceeds these limits.
Because of this, the selection process ends up being a random lottery. This is not a skill contest. The lottery does not pick the best or most needed workers. Instead, it simply draws names at random from the pool of those who meet basic requirements and whose employers are willing to sponsor them.
VisaVerge.com’s investigation reveals that this process further breaks the connection between who gets a visa and whether there is a real need for them in the specific field or location.
No Link Between H-1B Visas and Proven Worker Shortage
Professor Ron Hira’s key criticism is that the H-1B system does not check for real shortages in the American job market. There is no step in the process that requires employers to show that they tried but failed to find a U.S. worker. In other words, the rules are much laxer than many people think.
Some visas—like the H-2B for temporary non-agricultural workers or the PERM green card process—require what is called a “labor market test.” This usually means companies must advertise the job and make real efforts to find a suitable U.S. worker before looking outside the country. For H-1B visas, there is no such requirement. This makes it possible for companies to skip looking for Americans and go directly to foreign talent.
Employers Often Pick Foreign Workers for Reasons Other Than Worker Shortage
Ron Hira points out that some employers use H-1B visas in ways that have little to do with finding rare skills or filling shortages. Instead, the H-1B route can simply be an easier, more cost-effective option for filling jobs.
In many cases, large firms hire many workers through the H-1B program even while conducting mass layoffs of U.S. employees. Studies have shown this pattern across several tech giants and outsourcing firms, raising questions about the program’s true purpose.
For example, while the original idea behind H-1B visas was to bring in much-needed specialists for roles that were hard to fill, actual hiring patterns show companies replacing or bypassing American workers, not filling gaps. This has led to growing concern around wage suppression and displacement of U.S. professionals.
The Lottery: How Merit Is Sidelined
H-1B visas are not awarded based on applicants’ skills, job market demand, or employer merit. Instead, when more applications are filed than available spots—which happens every year—the government applies a random lottery. This lottery takes in all eligible and properly filed applications and chooses winners at random.
Ron Hira argues that this system is not set up to favor “the best and the brightest.” In fact, the outcome of the lottery might send highly qualified people home while giving slots to less-specialized workers, simply by chance.
This lack of focus on skill or need means there is no guarantee that the H-1B program is serving its intended purpose of bringing in top talent where the country needs it most. It is just as likely to allocate visas to people for roles that could easily be filled by American workers—or that are not in high demand at all.
Examples of Alleged Program Misuse
Professor Hira and other critics have pointed out well-known cases where American workers at technology companies such as Disney and Southern California Edison were reportedly forced to train their own H-1B replacements before being let go. In these situations, the H-1B hires performed the same jobs as the outgoing American staff, at lower pay.
Such cases, while not the norm for all H-1B use, highlight how the rules allow for this kind of practice. The law does not force employers to show good-faith efforts to keep Americans in their jobs or that the skills required are truly rare among U.S. workers.
Counterpoints and Different Views
It’s important to recognize that not everyone agrees with Professor Hira’s strong view. Some supporters of the H-1B program say that it helps keep the United States competitive in fields like science, technology, and engineering—which are all vital for economic growth.
Some research points out that certain industries, like information technology, have very low unemployment rates. This could mean real demand for these skills that cannot always be met by U.S. graduates alone. Proponents argue that foreign professionals on H-1B visas can help strengthen company performance, lead to new ideas, and add diversity.
However, even these defenders have called for better checks in the system. Many agree that the process could be made more focused on actual shortages, worker quality, or the needs of employers and the broader economy.
For those who want to look at the rules and data for themselves, more details about the H-1B program can be found at this official U.S. Citizenship and Immigration Services (USCIS) resource.
Wage Issues and Displacement
Another major issue, as pointed out by Professor Hira and backed up by independent reports, is the impact on wages. When companies hire foreign workers using H-1B visas—even when homegrown workers are available—this can push down pay across the industry. Companies might prefer H-1B workers not because they have rare or special skills, but because they can be paid less.
While the government does set minimum salary requirements for H-1B roles, multiple reports have found that these floors are often lower than the average wage paid to other workers in the same job. This creates a financial incentive for companies to choose the H-1B route.
The ripple effects can touch both American and foreign workers. H-1B workers, tied to their employers for visa reasons, may find it difficult to negotiate better deals or move to other companies easily. American workers, on the other hand, might face job loss, wage cuts, or fewer openings in their fields—all while companies continue to file for more H-1B visas.
Howard University’s Place in the Debate
Howard University, where Professor Hira teaches, has long been a leader in training students and shaping policy discussions on labor and immigration. The university’s commitment to social justice and equity makes it a natural home for these tough questions about who gets hired—and why.
Through his work at Howard University, Professor Hira brings academic research into public conversation, sheds light on how policy shapes real lives, and asks decision-makers to review programs like H-1B with greater care. His opinions add weight to ongoing debates about fairness and the future of U.S. immigration.
Calls for Reform
Given these concerns, many believe the H-1B system needs major changes. Suggestions often include:
- Requiring employers to show real proof (like documented recruitment and unsuccessful search) that no suitable U.S. worker can be found for a given job before hiring a foreign worker.
- Basing visa selection more on skill, experience, or market demand rather than luck through a lottery.
- Raising salary standards to remove the incentive to pay foreign workers less than their American counterparts.
- Better tracking of outcomes—such as job retention and wages—to ensure the program stays on course.
These ideas aim to help the H-1B program do what it was first meant to do: bring in much-needed talent when and where it is truly needed, without harming domestic workers.
What It Means for Immigrants, Companies, and American Workers
This debate is not just about policy details. For immigrants, the current system may seem both promising and risky. The lottery means even strong candidates might not get a visa, while those who do get chosen may face tough choices or limited job mobility.
For U.S. companies, the system offers a way to fill roles as needed but also opens the door to criticism if they don’t show fair hiring practices. Businesses may need to work harder to demonstrate that their H-1B hires are based on real need, not simply ease or cost savings.
For American workers, the discussion is more personal. Many want to see clear proof that foreign labor is brought in only when no qualified Americans apply. The worries over layoffs, wage depression, and job security fuel calls for reforms that create a fairer match between employer needs and worker opportunities.
Final Thoughts
As this discussion shows, the H-1B visa program is complex and affects many people in different ways. Professor Ron Hira of Howard University argues that serious gaps in the program—from the lack of a labor shortage check, to a random lottery, to incentives that might favor cost savings over skill—undermine its mission. Critics like him want to see the system made fairer both for American workers and for immigrants seeking opportunities.
The debate over H-1B visas will likely stay in the news as lawmakers look at possible changes. For everyone involved—immigrants, current employees, business owners, and students—the future of H-1B reform will shape the work landscape in the years to come.
For more trusted updates and background, see VisaVerge.com for ongoing reporting and analysis on the H-1B program and immigration policy in the United States. If you want to know about form requirements or official notices, it’s always best to turn to recognized sources such as the USCIS H-1B page.
In summary, voices like Professor Ron Hira’s—grounded in research at Howard University and focused on real economic impacts—are helping steer a crucial conversation about how the country balances welcoming new talent with protecting the interests of its own workforce. The outcome of this discussion will affect not only those thinking of applying for H-1B visas but also the broader American job market and the country’s approach to global talent.
Learn Today
H-1B Visa → A U.S. visa that allows employers to hire foreign workers in specialty occupations requiring a college degree or higher.
Labor Market Test → A process requiring employers to prove there are no qualified U.S. workers before hiring foreign workers.
PERM Process → The procedure for obtaining permanent labor certification, requiring companies to test the job market for U.S. workers first.
Wage Suppression → The reduction of wages across an industry due to practices like hiring lower-paid foreign workers.
Lottery System → A random selection process for assigning visas when applications exceed the government’s annual cap.
This Article in a Nutshell
Howard University’s Ron Hira challenges the H-1B visa system, arguing it lacks a true connection to worker shortages or merit. Instead, employers aren’t required to seek Americans first, and visas are allocated by lottery. This system, critics say, risks wage suppression and job loss for American professionals, especially in technology.
— By VisaVerge.com
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• Catch and Revoke rule put H-1B and F-1 visa holders at greater risk
• Steve Bannon Demands Trump Kill H-1B Visas Now
• International MBA applicants gain better chances for H-1B visa approval
• Trump Administration Pushes DHS to Grab H-1B Visa Biometrics
