Florida issues H-1B visa warning and calls for reforms

(FLORIDA) Florida Governor Ron DeSantis escalated the fight over the H‑1B visa this week, calling the program a “total scam” in media interviews on August 27–28 and arguing it harms U.S. workers while favoring Indian nationals. His remarks come as federal agencies prepare major changes to how the H‑1B works and who gets selected.

The U.S. Citizenship and Immigration Services (USCIS) has already confirmed that the FY 2026 cap is reached—65,000 regular H‑1Bs plus 20,000 for U.S. advanced degree holders—and a new set of rules is taking hold for the next filing cycles. For employers and professionals in Florida and beyond, this is a pivotal moment in high‑skilled immigration.

Commerce Secretary Howard Lutnick echoed the governor’s criticism, calling both the H‑1B and green card systems a “scam” and signaling “massive changes.” The Trump administration says it will seek a “weighted selection process” that prioritizes higher wages and possibly other factors instead of the long‑running random lottery. USCIS has notified the Office of Management and Budget about a proposed rule, but final text and timing are not yet public.

For those planning 2026 hiring, the ground rules may shift again, adding urgency to planning and compliance.

Policy Changes Overview

A Department of Homeland Security rule that took effect January 17, 2025 already reshaped core parts of the H‑1B program:

• Modernizes the definition of a “specialty occupation.”
• Clarifies what counts as a bona fide job offer.
• Gives the government stronger site visit and inspection tools.
• Requires the updated Form I‑129 for any H‑1B petition filed on or after that date.

Employers must use the new form version and keep sharper records of job duties, degree needs, and pay to show the role truly requires specialized knowledge. The official USCIS page for the H‑1B program, including policy updates and cap season alerts, is available here: USCIS: H-1B Specialty Occupations.

Key changes affecting FY 2026 and beyond:

• Beneficiary‑centric selection: Each person gets only one entry, no matter how many employers promise a job. This targets duplicate entries and levels the field between large staffing firms and smaller employers.
• Founder self‑sponsorship: Qualified entrepreneurs can now sponsor themselves under clearer rules—important for startups that need founders present in the U.S.
• Flexible degree rules: The degree field can be considered in relation to job skills rather than strict word‑for‑word matches.
• Cap‑gap extension: For students, the cap‑gap window now runs through April 1 of the fiscal year, easing gaps in work permission for F‑1 graduates who were selected.

Analysis by VisaVerge.com suggests the single‑entry system improves fairness and reduces fraud risks that sparked public concern.

Impact on Applicants and Employers

Governor DeSantis’s criticism may resonate in Florida, where tech, finance, health care, and aviation firms rely on hard‑to‑find specialists. The federal changes he cites, however, are already in motion and apply nationwide.

Employers should prepare for:

• Stronger compliance expectations: Detailed job descriptions, degree justifications, and pay records will be necessary to show a true specialty occupation and bona fide job offer under the January 2025 rule.
• Less multi‑entry gaming: The beneficiary‑centric lottery removes the advantage of submitting the same worker through multiple offers.
• Increased inspections and audits: Expect more site visits and document checks; maintain public access files and payroll data.

For foreign workers (historically about 70% of H‑1B approvals have gone to Indian nationals):

• A wage‑based selection could reduce chances for junior‑level roles while favoring higher‑paid jobs.
• New graduates and entry‑level applicants may face a tougher path unless they command higher pay or qualify as founders.
• Startup founders have clearer self‑sponsorship paths if they can raise funding and meet wage requirements.

For F‑1 students:

• The cap‑gap through April 1 allows many to continue working without a break while petitions move forward, helping employers retain talent and giving students steadier income and status.

Political context:

• Critics (including DeSantis and Lutnick) argue the system lets companies replace Americans with cheaper labor and has become a “cottage industry” for Indian nationals.
• Supporters (including major tech leaders) argue the U.S. needs top engineers and cannot find enough domestically.
• President Trump has expressed support for welcoming “competent people” while protecting U.S. jobs.
• President Biden eased some previous barriers but maintained a focus on fraud and compliance.

This split view explains the current movement toward wage‑priority and stronger oversight rather than an all‑or‑nothing fix.

How the 2025–2026 Process Works

The H‑1B system still follows a familiar order but with new forms, checks, and selection rules. Employers and workers should map each step ahead of cap season:

1. Employer files the Labor Condition Application (LCA) with the Department of Labor, agreeing to pay required wages and meet working condition rules. (Form ETA‑9035/9035E via DOL portal.) Guidance: DOL: H‑1B Program and LCA
2. Employer submits Form I‑129 (new version required for filings on/after Jan 17, 2025) to USCIS after LCA certification. Form details: USCIS: Form I‑129, Petition for a Nonimmigrant Worker
3. Beneficiary enters the cap selection once per person, regardless of number of job offers (beneficiary‑centric rule).
4. If selected, USCIS reviews the full petition, runs checks, and issues approval or a request for evidence. Employers should be ready to show detailed job duties, degree links, and pay.
5. For selected F‑1 students, cap‑gap work authorization continues through April 1.
6. Employers must comply with enhanced inspection and documentation requirements (public access files, payroll records, site visit readiness).

Important current status:

USCIS has announced the FY 2026 cap is reached—65,000 regular and 20,000 U.S. master’s cap—so new cap‑subject filings must wait for the next cycle unless the petition is cap‑exempt.

If the proposed wage‑weighted model is finalized, it would push the program further toward rewarding higher salaries. Critics say that could squeeze out early‑career workers and favor large companies over small firms; supporters say pay is the best proxy for genuine skill need.

Immigration attorneys note the January 2025 rule tightened standards while clarifying gray areas like degree matching and founder cases. That mix—clearer rules but a tougher bar—means planning and documentation will matter more than ever.

Historical Context

• 2016–2020: The Trump administration raised denials, promoted salary‑based ideas, and tightened reviews.
• 2021–2024: The Biden administration eased blanket barriers while maintaining enforcement against fraud and problematic placements.
• 2025: We see both modernization and enforcement: crackdown on multi‑entry abuse, stronger site visits, and a likely shift to wage‑based selection.

Final details of any “weighted selection process” are still pending. Timelines can change, so employers and workers should monitor federal notices closely—selection rules determine who gets a chance at adjudication.

Local Stakes: Florida Examples

These policy shifts have concrete effects in Florida:

• A small aerospace supplier in Brevard County relying on a rare propulsion engineer could face hiring limits if caps or wage bands eliminate options.
• A Miami hospital seeking sub‑specialist doctors may be constrained by stricter selection prioritization.
• A Tampa fintech hiring a new graduate on F‑1 Optional Practical Training may see chances change based on salary bands rather than luck.
• A Cuban American founder in Miami building a health‑tech startup could use the entrepreneur option to keep the company growing in the U.S., provided the position and pay meet H‑1B rules.

These are not abstract fights—they affect paychecks, mortgages, and lab breakthroughs.

Key Takeaways and Action Items

• The DHS modernization rule is in force (effective Jan 17, 2025).
• Beneficiary‑centric selection applies for FY 2026.
• The FY 2026 cap is full (65,000 regular; 20,000 U.S. master’s).
• A wage‑weighted model may be next, but final agency text is pending.

Recommended actions:

• Employers: Audit job descriptions, wage levels, and degree rationales now. Prepare documentation for inspections and potential RFE defenses.
• Workers: Review options (founder routes, cap‑exempt roles) and plan contingencies.
• All parties: Rely on official updates first—rules change quickly, and small errors can cost a year.

Track official notices, policy alerts, and cap updates here: USCIS: H-1B Specialty Occupations.

For case‑specific strategy, consult an experienced immigration attorney or a member of the American Immigration Lawyers Association.