Young Workers Demand Elimination of H-1B Visa Amid Job Crisis

As of July 22, 2025, the H-1B visa program is once again at the center of heated debate in the United States 🇺🇸. Recent changes to the program, new rules from the Department of Homeland Security (DHS), and strong calls for reform or even elimination from young American workers have created a complex situation for employers, foreign workers, students, and policymakers. This update explains what has changed, who is affected, the important dates, what actions are required, and what these developments mean for anyone involved with the H-1B visa program.

Summary of What Changed

The most significant update is the implementation of the DHS H-1B Modernization Final Rule, which took effect on January 17, 2025. This rule brings several changes to how the H-1B visa program works, including a new definition of “specialty occupation,” longer cap-gap protection for F-1 students, and stricter compliance rules for employers. At the same time, the U.S. Citizenship and Immigration Services (USCIS) completed the H-1B lottery for Fiscal Year (FY) 2026, selecting enough registrations to meet the annual cap. No additional lotteries will be held for FY 2026.

These changes come as young American workers and advocacy groups call for the elimination of the H-1B visa program, arguing that it worsens the job crisis by making it harder for U.S. graduates to find good jobs. Meanwhile, tech companies and industry groups say the program is essential for filling important skill gaps.

Who Is Affected

• Employers who sponsor H-1B workers must follow the new rules and prepare for more oversight.
• Foreign workers hoping to get an H-1B visa face a highly competitive lottery and new requirements.
• F-1 students who want to switch to H-1B status benefit from longer cap-gap protection.
• Young American workers are pushing for major changes or elimination of the program, saying it hurts their job prospects.
• Immigration attorneys and experts are helping both employers and workers adjust to the new rules and explore other visa options.

Effective Dates and Key Deadlines

• January 17, 2025: DHS H-1B Modernization Final Rule takes effect.
• March 31, 2025: USCIS completed the FY 2026 H-1B lottery and notified selected registrants.
• April 1 – June 30, 2025: Employers could file H-1B petitions for selected beneficiaries.
• October 1, 2025: Earliest date for approved H-1B workers to start employment.
• No additional lotteries for FY 2026: If you were not selected, you must look for other options.

Required Actions for Employers and Applicants

• Employers must:
  • Review and follow the new specialty occupation definition.
  • Prepare for possible site visits and keep detailed records.
  • Make sure wage requirements and job duties match the new rules.
  • File Form I-129 for selected H-1B candidates by the deadline. The official Form I-129 can be found on the USCIS website.
• F-1 students:
  • Take advantage of the extended cap-gap period, which allows you to keep working and stay in status until April 1 of the following fiscal year if your H-1B petition is pending or approved.
• Non-selected candidates:
  • Explore other visa options, such as the O-1 visa for individuals with extraordinary ability, or employment-based green cards if eligible.
  • Consider other work or study opportunities in the United States 🇺🇸 or abroad.

Detailed Overview of the H-1B Visa Program and Recent Developments

Background and Purpose

The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations. These are jobs that usually require a bachelor’s degree or higher in a specific field, such as engineering, computer science, or medicine. The program is capped at 85,000 visas each year—65,000 for the regular cap and 20,000 for workers with a U.S. master’s degree or higher.

Over the years, the H-1B program has faced criticism from some groups who say it makes it harder for American workers to find jobs and keeps wages low. Others, especially in the tech industry, say it is needed to fill jobs that cannot be filled by U.S. workers alone.

Recent Policy Changes: DHS Modernization Rule

The DHS H-1B Modernization Final Rule, effective January 17, 2025, brings several important changes:

• Specialty Occupation Definition: The rule now focuses more on whether the degree is relevant to the job duties, not just the degree title. This gives employers more flexibility but also requires clear proof that the worker’s education matches the job.
• Cap-Gap Extension for F-1 Students: F-1 students who are changing to H-1B status can now stay and work in the United States 🇺🇸 until April 1 of the next fiscal year, even if their student status would have expired earlier. This helps prevent gaps in work authorization.
• USCIS Site Visits and Penalties: USCIS now has clear authority to visit worksites and check if employers are following the rules. If employers do not comply, they can face penalties.
• Deference to Prior Approvals: When an employer files for an H-1B extension for the same worker and job, USCIS will generally approve it again unless there is a clear mistake or new information.

FY 2026 H-1B Lottery and Filing Process

For FY 2026, the H-1B lottery was completed on March 31, 2025. Employers who registered their candidates were notified if they were selected. Selected employers had from April 1 to June 30, 2025, to file Form I-129 with all supporting documents. No additional lotteries will be held for FY 2026, so if you were not selected, you must look for other options.

Step-by-Step Process for H-1B Petition Filing

1. Registration: Employers submitted electronic registrations for each candidate in March 2025.
2. Lottery Selection: USCIS randomly selected enough registrations to meet the cap and notified employers by March 31, 2025.
3. Petition Filing: Selected employers filed Form I-129, Petition for a Nonimmigrant Worker, with all required evidence between April 1 and June 30, 2025. The official form and instructions are available on the USCIS Form I-129 page.
4. Adjudication: USCIS reviews each petition under the new rules, checking if the job qualifies as a specialty occupation and if the worker meets the requirements.
5. Employment Start: If approved, the worker can start the H-1B job no earlier than October 1, 2025.
6. Compliance: Employers must keep records and be ready for possible site visits from USCIS.

Stakeholder Perspectives and the Current Debate

The H-1B visa program is now facing more criticism than ever from young American workers and advocacy groups. Many say the program allows companies to hire foreign workers at lower wages, making it harder for recent U.S. graduates to find good jobs. Some have called the situation “dire” and are pushing for the elimination or major reform of the program.

Their main concerns include:

• Job Competition: They believe the H-1B program increases competition for jobs, especially in fields like technology and engineering.
• Wage Suppression: Some argue that employers use the program to pay lower wages than they would to U.S. workers.
• Lack of Investment in Domestic Talent: Critics say companies should invest more in training and hiring American workers.

On the other hand, tech companies, industry groups, and some economists argue that the H-1B program is essential for filling jobs that require special skills. They say the United States 🇺🇸 does not have enough workers in certain fields, and the program helps keep the country competitive in the global economy.

The Department of Homeland Security (DHS) has tried to balance these concerns by making the program more flexible for employers but also increasing oversight and enforcement.

Implications for Pending and Future Applications

If you are an employer or worker involved in the H-1B process, here’s what these changes mean for you:

• Pending Applications: If your petition was filed before June 30, 2025, it will be reviewed under the new rules. Make sure all documents clearly show how the job and the worker’s education fit the new specialty occupation definition.
• Future Applicants: The lottery system remains highly competitive. Only a small percentage of registrations are selected each year. If you are not selected, you must look for other visa options or consider other employment plans.
• F-1 Students: The extended cap-gap period gives you more time to stay and work legally while waiting for your H-1B petition to be approved.
• Employers: You must be ready for more oversight, including possible site visits and stricter documentation requirements. Make sure your wage offers and job descriptions meet the new standards.

Alternative Visa Options

For those not selected in the H-1B lottery, there are other visa options to consider:

• O-1 Visa: For individuals with extraordinary ability in their field.
• L-1 Visa: For employees of multinational companies transferring to a U.S. office.
• Employment-Based Green Cards: For those who qualify for permanent residency through employment.
• Other Nonimmigrant Visas: Depending on your situation, you may qualify for other temporary work visas.

Compliance and Enforcement

The new rules give USCIS more power to check if employers are following the law. This means:

• Employers must keep detailed records of job duties, wages, and how the worker’s education matches the job.
• Be ready for site visits, where USCIS officers may visit the workplace to check if the H-1B worker is doing the job described in the petition.
• If employers do not follow the rules, they can face penalties, including being barred from filing future H-1B petitions.

Expert Analysis and Outlook

Analysis from VisaVerge.com suggests that the 2025 DHS modernization rule is an attempt to balance the need for skilled foreign workers with the concerns of American workers and the need for program integrity. The extended cap-gap period is a welcome change for international students, making it easier for them to transition to work in the United States 🇺🇸.

However, the strong push from young American workers and labor groups for major reform or elimination of the H-1B program means that more changes could be coming. Lawmakers may propose new bills to raise wage requirements, limit the number of visas, or increase enforcement. At the same time, the tech industry’s reliance on H-1B workers means that any drastic changes could have big effects on the U.S. economy.

USCIS and DHS are expected to keep monitoring the program and may propose more changes based on how well the new rules work and feedback from all sides.

Practical Guidance and Next Steps

If you are involved in the H-1B process, here are some immediate steps to take:

• Employers: Review your H-1B policies and make sure you understand the new rules. Keep detailed records and be ready for site visits. If you have questions, consult an immigration attorney.
• Workers and Students: If you were selected in the lottery, work closely with your employer to make sure your petition is complete and accurate. If you were not selected, talk to your employer or an immigration attorney about other visa options.
• Stay Informed: Check the USCIS H-1B page for the latest updates and official information.

Conclusion

The H-1B visa program is at a turning point, with new rules in place and strong calls for change from many sides. Employers, workers, and students must pay close attention to the latest developments, follow the new rules, and be ready to adapt as the situation evolves. By staying informed and prepared, you can make the best decisions for your future in the United States 🇺🇸.

Learn Today

H-1B Visa → A nonimmigrant visa allowing U.S. employers to hire foreign workers in specialty occupations requiring a bachelor’s degree or higher.
DHS Modernization Final Rule → A 2025 regulation shifting specialty occupation definitions, extending cap-gap, and improving program oversight for the H-1B visa.
Cap-gap → An extension allowing F-1 students to remain legally in the U.S. while transitioning to H-1B status after graduation.
Form I-129 → The official USCIS petition form employers submit to sponsor nonimmigrant workers, including H-1B candidates.
USCIS Site Visits → Inspections by USCIS officers to verify employer compliance with H-1B visa program requirements at work sites.

This Article in a Nutshell

The 2025 H-1B DHS Modernization Final Rule redefines specialty occupations, extends cap-gap, and increases oversight, altering employer and applicant requirements. The FY 2026 lottery ended March 31 with no further draws. Stakeholders face debate over job competition and program reforms amid evolving U.S. immigration policy.
— By VisaVerge.com