A Florida-based tech CEO, James Fishback, has ignited fresh debate over the H-1B program, calling it an “H-1B visa scam” that, in his view, exploits foreign workers—especially Indians—while pushing aside qualified Americans. He argues many companies hide job postings, avoid interviewing local candidates, and bring in cheaper labor through H-1B, leading to job displacement for U.S. graduates.
Fishback also claims many “Indians overestimate value” in the tech market, saying both Indian and Chinese workers are trapped in a system that “robs Americans of jobs, wages, and dignity.”
Context and Policy Background
Fishback’s comments arrive amid heated policy discussion. Critics — including Fishback — say the program’s structure lets firms lower labor costs and limit bargaining power for foreign workers who fear losing status if they change employers. He urges companies, especially in Florida, to reduce heavy reliance on H-1B and hire recent American graduates instead.
He also supports tearing the program down entirely, framing that as a fix for wage pressure and job displacement in entry- and mid-level tech roles.
- The Trump administration recently raised what critics describe as the H-1B application fee to $100,000, a move supporters say aims to curb abuse by making it more expensive to hire foreign workers and encourage U.S. hiring.
- Indians remain the largest cohort in the program; critics point to figures that they accounted for over 70% of approvals in FY24.
- The official program overview is available on the USCIS site: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations.
Escalating Criticism and Proposed Fixes
Investor Jason Calacanis has echoed the “giant scam” framing, saying many Indian workers are overworked and underpaid yet feel unable to push back because their immigration status depends on staying with their sponsor. That dynamic, he argues, lowers costs for companies and reduces bargaining power for American employees competing for similar roles.
US Commerce Secretary Howard Lutnick has called the current setup a scam that displaces American workers. He proposed replacing the random lottery with a selective, wage-based model that favors higher salaries and stronger credentials. Supporters say such a model would:
- Draw fewer budget hires and more elite talent
- Align visas with real shortages rather than cost savings
- Reduce opportunities for abuse
Fishback urges Florida firms to act now—independent of federal timelines. His suggested local measures include:
- Broaden recruiting at state universities
- Fund apprenticeship programs
- Offer starter salaries competitive with H-1B-heavy employers
He argues a reset would reward U.S. graduates and remove incentives that leave foreign workers with weak bargaining positions.
Impact on Workers and Employers
The debate highlights two primary groups affected differently:
- Foreign workers on H-1B:
- Often accept long hours and below-market pay to maintain status
- Fear switching jobs or reporting abuse because it could end their stay
- Experience stress over spousal work limits and school moves if a job ends
- Recent American graduates:
- Say they’re shut out by hidden postings or fast funnels to offshore affiliates and staffing firms
- Report stalled careers and, in some cases, moving back home after months of unsuccessful searches
Critics call that a double hit: lower wages for those inside the system and job displacement for those outside it.
Employers respond that they still face real talent gaps—especially for specialized engineering roles—and that sudden limits could slow growth. Still, the fee shock (noted as $100,000 by critics) has sharpened the cost calculus. Some firms are:
- Reassessing talent pipelines
- Raising entry-level offers
- Exploring hybrid training tracks with local colleges
A wage-based selection model, if implemented, could shift hiring toward fewer, more senior positions.
Practical Steps for Affected Parties
For those navigating the churn, several practical steps stand out:
- For recent U.S. graduates:
- Save job postings, interview notes, and rejection records.
- If an employer later brings in H-1B workers for similar roles, this evidence can support complaints to labor authorities.
- For foreign H-1B workers:
- Keep pay stubs and job descriptions.
- If you face unpaid “benching” or abuse, report to relevant labor channels and seek legal counsel.
- For employers:
- Audit job postings and pay bands now.
- Document hiring decisions and compensation. A wage-based model would reward higher salaries and clearer skill thresholds.
Analysis by VisaVerge.com suggests momentum toward reforms that tilt the program to the highest-paid roles and reduce entry-level outsourcing models. If that direction holds, critics say companies will have less reason to use H-1B as a discount path and more reason to hire locally.
Florida’s Local Angle
Fishback’s Florida focus highlights how national policy reverberates at state level. Tech corridors across Florida—from Miami fintech to Tampa cybersecurity—have leaned on contractor pools that critics say include many H-1B hires. A quick pivot to local recruiting could raise short-term costs, but supporters claim it could also stabilize wages and expand pathways for graduates from Florida’s universities.
The debate also affects families on both sides:
- Foreign worker families worry about spousal work limits, school disruptions, and housing instability if employment ends.
- American families report stalled careers for graduates who return home after unsuccessful job hunts.
Critics argue reform—via fee pressure, wage-based selection, or deeper overhaul—could ease these harms by removing bargain-driven hiring at scale.
Counterarguments and Broader Implications
Not everyone supports dismantling H-1B:
- Some companies say they need H-1B to fill critical roles and that sweeping crackdowns could push work—and tax revenue—out of the United States.
- Others note many H-1B holders later launch startups and hire Americans, arguing the program’s core idea is sound but enforcement is weak.
- Even these defenders often concede rules may need to reward higher pay and penalize repeat violators.
The next months may test how far companies shift before formal rule changes. If fee pressure persists and a wage-based selection design advances:
- Job seekers might see more entry-level openings and clearer career ladders.
- Foreign workers could face fewer slots but stronger pay and a fairer process.
- Florida employers face a choice Fishback frames simply: raise starting wages, widen campus recruiting, and rely less on the H-1B channel he calls a “scam.”
The official program framework remains in place; readers can review current criteria on the USCIS site: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations.
Whether the program shifts to a wage-based model—or faces deeper cuts—critics say the status quo has run out of road. Supporters of reform argue the goal is not fewer skilled workers, but fewer price-driven hires and less room for abuse on every side.
This Article in a Nutshell
Investor James Fishback has reignited debate over the H-1B program, labeling it an “H-1B visa scam” that exploits foreign workers—especially Indians—and sidelines qualified American graduates. Critics point to practices like hidden job postings, limited interviews for locals, and the use of lower-cost H-1B labor, which they say depress wages and displace entry- and mid-level U.S. workers. Figures cited show Indians made up over 70% of approvals in FY24. Proposed reforms include a wage-based selection model and a sharply increased application fee (noted by critics as $100,000) to discourage abuse. Supporters of change argue higher fees and a salary-prioritized system would attract elite talent, reduce entry-level outsourcing, and strengthen bargaining power for both foreign and domestic workers. Fishback urges Florida firms to expand campus recruiting, fund apprenticeships, and raise starter salaries. Opponents warn that strict limits could leave skill gaps and push jobs offshore, while some defenders assert improved enforcement rather than dismantling is the appropriate remedy. The debate has local implications in Florida’s tech corridors and broader consequences for families, employers, and the national labor market.
