- Rep. Riley Moore called the H-1B and OPT programs scams and urged lawmakers to end both.
- Moore compared 650,000 computer-science graduates with 500,000 visa holders, but the figures do not measure the same population.
- A House bill would cut the regular H-1B cap from 65,000 to 25,000; it had not become law by October 17, 2026.
Rep. Riley Moore called the H-1B visa and Optional Practical Training programs “scams” in an October 16, 2026 post, arguing that they displace Americans with lower-cost foreign workers. The West Virginia Republican said roughly 650,000 Americans graduated with computer-science-related degrees while 500,000 visa holders competed for similar jobs. He identified China and India as their main countries of origin.
“H-1B and OPT programs are SCAMS that undercut and replace American workers with cheap foreign labor.”
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Moore also urged lawmakers to end both programs. His comparison was an allegation, not evidence that visa holders replaced an equivalent number of U.S. graduates.
In an interview with Scott Jennings, Moore described the figures as graduates from the previous year and more than half a million visas issued. He said employers chose foreign workers because they would accept lower pay, and questioned whether the program brought in people for jobs employers could not fill domestically.
“We had about 650,000 kids, give or take, graduate with computer science, computer programming degrees in this country last year, and then issued over half a million H-1B visas.”
He also called the presence of workers’ relatives “chain migration,” claiming a typical holder brings 10 family members. The comparison combines measures that do not necessarily track the same population.
The graduate estimate and worker figure are not directly comparable. Visa statistics may count beneficiaries, approvals or active workers, while the degree figure may encompass a broader range of computer-science programs. The research cited in coverage also disputes the broader claim that H-1B workers consistently earn less than similarly situated U.S. employees.
Indian nationals accounted for approximately 70% of approved beneficiaries in fiscal year 2025, according to USCIS data cited in coverage. That share does not, by itself, establish Moore’s description of holders as mostly from China and India.
H-1B and OPT follow different routes into work
The H-1B classification covers temporary employment in specialty occupations. The job generally requires specialized knowledge and a bachelor’s degree, or its equivalent, in a directly related specialty. Employers file a Labor Condition Application and attest to wage, notice and working-condition requirements.
OPT, by contrast, is employment authorization tied to F-1 student status. Standard post-completion authorization generally lasts 12 months. Eligible graduates in STEM fields can seek a 24-month extension, allowing up to 36 months in total. Some graduates use OPT before pursuing H-1B status, but OPT is not itself an H-1B visa.
The annual statutory H-1B cap provides 65,000 regular places, plus 20,000 for qualifying beneficiaries with U.S. master’s or higher degrees. Those limits are not a count of everyone working in the country in H-1B status at a given moment. Workers can remain through extensions, portability or employment with cap-exempt institutions.
Moore has voiced opposition to both pathways before. On September 24, 2026, he wrote that they were created to replace American workers with cheaper foreign labor.
A House bill would cut the cap, not end either program
The End H-1B Visa Abuse Act, numbered H.R. 8443 in the House and S. 5097 in the Senate, would lower the regular annual cap from 65,000 to 25,000. Rep. Eli Crane, a Republican from Arizona, introduced the House measure on April 22, 2026. Sen. Tim Sheehy, a Republican from Montana, introduced its Senate version on July 23, 2026.
The legislation would reduce admissions under the regular cap; it is not the same as Moore’s call to abolish both programs. Neither his proposed abolition nor the bill’s provisions had become law by October 17, 2026.
Moore’s objections have focused on employers’ hiring choices as well as program design. In his interview, he said the promised purpose of the H-1B route was to bring in highly skilled workers for positions domestic employers could not fill. He argued instead that companies use it to recruit people willing to work for less, including graduates with accounting and computer-science backgrounds.
Moore’s criticism follows other pressure over foreign hiring
On September 17, 2026, Moore criticized Virginia Tech after the university filed a notice of intent to hire an H-1B “Rotating Intern” for $54,000. He challenged whether the school could find an American for the position and called for ending the program.
Vice President JD Vance made a related argument on October 8, 2026, criticizing companies that lay off U.S. employees while hiring foreign workers. Addressing Microsoft, he said:
“Microsoft, you’re a great American company, but you’ve got to hire great American workers. You cannot lay off American workers and then replace them with foreign indentured servants.”
Vance’s remarks also targeted Adobe and major IT outsourcing companies, including Infosys, Tata Consultancy Services, Wipro and HCL. The statements add political pressure around companies’ hiring practices, but do not establish that visa holders generally replace American workers.
A separate Department of Homeland Security proposal would affect extensions of temporary work classifications, including H-1B and L-1. It would let officers reassess eligibility in some extension cases even when an earlier application had been approved under materially similar circumstances. As of October 17, 2026, the proposal remained open for public comment and had not taken effect.
