Moore’s H-1B Amendment: Implications for U.S. STEM Workers

(UNITED STATES) The House Appropriations Committee approved The Riley Moore amendment in August 2025, directing a new U.S. Department of Labor (USDOL) investigation into alleged abuse of the H-1B visa program and claims of a “false STEM workforce shortage.” The move puts fresh pressure on tech employers and staffing firms while raising uncertainty for foreign graduates and early-career engineers seeking H-1B status.

Lawmakers want USDOL to report back this year on how H-1B and Schedule A policies may affect wages and job access for American workers in science and engineering fields.

What the amendment does

Rep. Riley Moore (R-WV) says the H-1B program “has been grossly abused to undercut the American worker and replace domestic talent with foreign workers,” arguing that the oft-cited STEM shortage is overstated.

The Riley Moore amendment, approved in committee mid-2025, orders a formal USDOL investigation into two areas:
1. Whether there is a real STEM shortfall.
2. How H-1B admissions and the Schedule A list may hurt U.S. workers.

Schedule A is the government’s list of occupations where the labor market is presumed short; critics argue the list can be used to fast-track hiring in ways that bypass local applicants.

Under the amendment, USDOL must:
– Examine hiring patterns, wage data, and petition types.
– Submit a comprehensive report to Congress in 2025 with findings and recommendations.

This committee action follows months of pressure from U.S. tech workforce groups who claim some firms use H-1B to import cheaper labor—especially for entry-level roles—rather than to fill genuine gaps. Silicon Valley companies, by contrast, defend H-1B as a tool to recruit global specialists for hard-to-fill jobs. The committee’s vote signals more scrutiny of entry-level placements and wage levels in the coming months.

The amendment also sits alongside H.J.Res.22, introduced January 16, 2025, which seeks to nullify a December 2024 DHS rule that:
– updated H-1B criteria,
– refined specialty occupation guidance, and
– expanded options for certain F-1 students to work.

If H.J.Res.22 advances, it could unwind parts of the modernization effort and tighten eligibility in ways that align with the Moore camp’s concerns. Together, the legislative track and the USDOL investigation point to a broader rethink of how the government defines “high skill” and “specialty” for H-1B purposes.

Impact on workers and employers

For U.S. STEM workers

• The immediate effect is heightened attention on entry-level hiring.
• If USDOL finds wage depression or misuse, Congress could push for tougher job requirements, clearer specialty standards, and higher wage floors.
• That would likely push employers to hire more domestically for junior roles.

For foreign STEM professionals (especially recent graduates)

• The risk is greater unpredictability.
• Petitions tied to lower wages or generic job descriptions could draw more questions, Requests for Evidence (RFEs), or denials.
• Roles viewed as not requiring advanced skills may become harder to sponsor.

For employers (especially consultancies and high-volume filers)

• Expect more scrutiny of job duties, minimum credentials, and wage levels.
• While the amendment contains no new fees or caps, enforcement changes can add delays and costs.
• Firms may need to reassess reliance on H-1B for entry-level positions if USDOL recommends tighter rules.

According to analysis by VisaVerge.com, companies already face pressure to document why a role needs a specific degree and to prove that the pay meets or exceeds the local prevailing wage.

Views from stakeholders

• Supporters say more guardrails will protect salaries and stop displacement.
• Opponents warn sweeping limits could slow product cycles and push research abroad.
• Both sides point to persistent shortages in advanced chip design, AI safety, and cybersecurity as counterexamples to broad claims of surplus domestic talent.

Both sides now await the USDOL report, which will likely shape whether Congress targets:
– wage bands,
– specialty definitions, or
– labor condition enforcement.

Policy context and timeline

The policy context is complex. For years, administrations have toggled between expanding and tightening H-1B rules. Proposals have included:
– higher wage floors,
– refined specialty occupation tests, and
– limits on staffing models that place workers at client sites.

Enforcement has varied over time. The December 2024 DHS rule aimed to modernize criteria and reduce fraud, but its future now hangs on Congressional action. If H.J.Res.22 succeeds, agencies may revisit how they weigh degrees, duties, and wage levels across the H-1B selection and adjudication process.

Practical advice for foreign students and employers

For foreign students in U.S. master’s and Ph.D. programs, practical steps now include:
– Ensure the job offer is closely tied to the degree field.
– Show job duties that demonstrate real specialization.
– Align wages with higher prevailing levels for the role.
– Prepare detailed petition documentation to show the business need for specialized skills.

Employers should:
– Tune job descriptions to reflect actual advanced tasks, not generic duties.
– Keep documentation ready to show why a role requires specialized skills and why the wage is appropriate.
– Build filing timelines that allow for extra agency questions.

If the USDOL investigation leads to new guidance, petitions filed in late 2025 and 2026 could face updated standards.

Key points to watch

• Whether USDOL flags specific industries, wage levels, or job categories as high risk.
• How the report treats Schedule A and whether it recommends changes to the list or its use.
• Any recommendations to raise wage thresholds or redefine “specialty occupation.”
• The outcome of H.J.Res.22 and any follow-on bills that could reshape H-1B eligibility.

Preparation checklist for fall/spring hiring

1. Document the specialized nature of the role, including tools, methods, and advanced coursework.
2. Match degree fields precisely to job tasks.
3. Choose wage levels that clearly reflect high-skill work, not entry-level substitutions.
4. Build filing timelines that allow for extra agency questions and RFEs.

Supporters of the Riley Moore amendment say these steps should already be standard practice and that stronger oversight will reward good actors. Opponents worry that blanket skepticism of a STEM shortage could limit access to global talent and slow growth. Both agree that clear, public data is needed — that is the promise and the test of the USDOL investigation now underway.

For official updates on labor and immigration program oversight, see the U.S. Department of Labor.