DeSantis Says H‑1B Visa Harms U.S. Jobs, Benefits India Instead

(FLORIDA) Florida Governor Ron DeSantis has sharpened his attacks on the H-1B visa program through mid-2025, calling it a “scam” and “almost indentured servitude,” and arguing that it harms American workers while largely helping foreign nationals, especially from India. His remarks, delivered in several appearances across July and August, come as the federal government rolls out a sweeping H-1B modernization rule that changes how the program works for employers, students, and skilled workers. The clash sets up a stark contrast between aggressive state rhetoric and a federal policy shift that tightens oversight while also adding flexibility for U.S. businesses and international graduates.

DeSantis’s claims and political framing

DeSantis says U.S. tech firms are laying off domestic staff and then hiring lower-cost H-1B visa holders, claiming that many of those hires come from India. He has also criticized what he describes as “chain migration” linked to H-1B workers, warning that families joining principal visa holders put added pressure on the job market.

• These claims are echoed by some conservative outlets and labor advocates.
• They have widened an already heated debate over the program’s future and its role in the broader economy.

DeSantis’s framing is blunt by design. He depicts a system in which companies exploit foreign workers who are tethered to a single employer and have limited job mobility, a setup he argues can push wages down for U.S. staff and complicate recovery after layoffs.

“Indentured servitude” rhetoric underscores a moral argument about worker choice and status risk for H-1B holders when changing jobs or challenging unfair treatment.

Federal H-1B modernization rule: overview and effective date

The Department of Homeland Security finalized a major H-1B modernization regulation on December 18, 2024, which took effect on January 17, 2025. Key updates include:

• Clarified definition of “specialty occupation”
• Expanded protections for certain students shifting to H-1B
• Deference to past approvals when facts have not changed
• Codified authority for site visits and penalties for noncompliance

According to analysis by VisaVerge.com, the regulation seeks to balance employer needs with stronger program integrity while giving federal officers clearer tools to check abuses and verify that jobs align with legal standards.

Specialty occupation clarification and adjudication

The rule responds to years of disputes over how to interpret program terms:

• It clarifies that “normally” does not mean “always” when evaluating whether a role is a specialty occupation.
• Required degree fields must be directly related to the job’s duties.
• The change aims to avoid one-size-fits-all denials and reflect modern roles that blend multiple fields—especially in tech.
• It gives USCIS a firmer footing in court when defending decisions about degree-to-duty proximity.

Cap-gap extension for F-1 students

A notable practical change benefits international students:

• F-1 students who have timely filed a change of status and are selected for H-1B can now benefit from cap-gap protections that may extend beyond the traditional October 1 start date—potentially until April 1 of the following fiscal year.
• This reduces the risk of a gap in lawful status or work authorization when moving from Optional Practical Training (OPT) into an H-1B role.

Universities and employers have welcomed this relief because even short breaks in authorization can interrupt projects, payroll, and benefits.

Deference to prior approvals

USCIS has instructed officers to show deference to prior approvals in extension cases involving the same parties and unchanged facts, unless there was a material error.

• Purpose: limit “whiplash” for employers and workers whose previously approved roles are questioned on re-filing.
• Effect: gives planning teams clearer predictability when roles, wages, and duties remain steady.

Stronger enforcement: site visits and penalties

The rule also strengthens enforcement:

• USCIS can conduct site visits to verify job duties, worker location, and wage compliance.
• Penalties may be imposed for noncompliance.
• Employers should expect more audits and prepare for questions on:
  • Job sites and client assignments
  • Remote work arrangements
  • Public access files and wage records

This signals faster and more visible consequences for failing to meet program rules.

Critical filing detail: Form I-129 edition

One immediate practical requirement:

• USCIS accepts only the 01/17/25 edition of Form I-129 for H-1B petitions filed on or after January 17, 2025.
• Older editions will be rejected with no grace period.

Action items for employers and counsel:
1. Download and use the current Form I-129 edition for every filing cycle.
2. Update internal templates and checklists to reflect the new form.
3. Re-download the form prior to filing to avoid version errors.

Official resources:
– Form I-129, Petition for a Nonimmigrant Worker
– USCIS H-1B Program

Florida state response and HB 1-B

Florida’s state policy has moved in a more enforcement-focused direction:

• The state accelerated immigration enforcement and promoted fast-track removal of undocumented immigrants, including a rapid construction project nicknamed “Alligator Alcatraz.”
• In the 2025B session, lawmakers considered HB 1-B, a proposal to:
  • Revise state immigration provisions
  • Create an Office of State Immigration Enforcement
  • Address noncitizen employment

As of January 28, 2025, the House bill was tabled in favor of a Senate substitute. Nonetheless, the direction is clear: stronger state involvement in immigration-related employment oversight.

Potential impacts if state enforcement expands:
– Dual layers of oversight for employers (federal + state)
– Tighter documentation checks and job-site scrutiny
– Challenges for contractors and layered contracting models

Perspectives: supporters vs. critics

Supporters:
– Argue H-1B fills roles requiring specialized STEM training.
– Say employers cannot find enough local talent and need global access to stay competitive.
– Note wage protections require paying the higher of the prevailing wage or actual wage for similarly qualified U.S. workers.
– Welcome clarity on degree-to-duty linkage and cap-gap relief.

Critics:
– Say the program can depress wages and displace native-born workers, citing figures such as roughly 18 million foreign nationals cleared to work vs. 9.7 million jobs created over three years.
– Point to enforcement inconsistencies and contracting models that may mask pay gaps or reduce worker mobility.
– Highlight the concentration of H-1B approvals from India as a political flashpoint.

The federal rule tries to acknowledge both sides by combining clearer analysis standards with stronger verification powers.

Practical guidance for employers, workers, and students

For employers and counsel:
– Use the correct Form I-129 (edition 01/17/25).
– Document how degrees tie directly to job duties.
– Prepare for possible site visits and Requests for Evidence (RFEs).
– Maintain accurate public access files and wage documentation.
– Revisit job descriptions, degree-field labels, and evidence of degree-to-duty links.

For F-1 students and recent graduates:
– Plan around the extended cap-gap window (possible extension to April 1).
– Coordinate closely with university advisors and company counsel to avoid employment or benefits interruptions.

For foreign workers:
– Be aware that H-1B status still ties holders to sponsoring employers and changing jobs can trigger new filings and risk.
– Expect possible site visits and ensure actual duties match petition statements.

Legal and compliance outlook

Legal and immigration experts emphasize predictability:
– Deference to prior approvals aims to reduce swingy adjudication trends.
– But stepped-up site visits and penalties create a more muscular compliance posture.
– Expect targeted RFEs to verify degree relevance, job location, and day-one duties—particularly for entry-level software and data roles.

Family and community implications

• DeSantis’s “chain migration” warnings feed broader debates on how employment visas intersect with family-based immigration.
• H-1B family provisions remain unchanged: spouses and children can accompany principal workers in dependent status.
• Supporters say families strengthen communities and retention; critics worry about local job and service pressures.

Looking ahead

• The Biden administration signals continued enforcement and scrutiny under the new framework.
• Political pressure may drive further changes as the 2026 elections approach.
• Florida may continue state-level actions targeting visa abuses and noncitizen employment, regardless of federal posture.

Key takeaway: the H-1B program is under a brighter spotlight than in recent memory. The modernization rule creates a more detailed rulebook and stronger enforcement tools, while state-level moves (like Florida’s) add political and operational pressure on employers and workers.

Summary checklist

• Use the current Form I-129 edition (01/17/25) for filings on/after January 17, 2025.
• Document degree-to-duty links thoroughly.
• Prepare for site visits and RFEs; maintain wage and public access file records.
• F-1 students: plan for cap-gap protections and coordinate with advisors.
• Monitor both federal guidance and potential state-level actions (e.g., Florida).

For official guidance and updates:
– USCIS H-1B Program
– Form I-129, Petition for a Nonimmigrant Worker

According to VisaVerge.com, the DHS rule finalized on December 18, 2024 and in effect since January 17, 2025, will shape filing strategies well into the next fiscal year by combining specialty-occupation flexibility with stronger verification powers. For employers, workers, and policymakers, 2025 represents a turning point where compliance, documentation, and enforcement will determine practical outcomes amid ongoing political debate.