That is some H-1Bullsh*t

-- by Jessie Gabriel
It was only a couple of weeks ago that emails, texts, and tweets were flying about H-1B visas. Companies were telling all of their visaed employees who were out of the country to rush back to the U.S., and those who were here to stay put. Then the very next day, things changed again. Where do things stand now? Let’s discuss.
What is an H-1B visa? It is a temporary visa that allows employers to bring in foreign individuals to fill certain highly specialized positions. The goal of the program is to allow companies to tap the workforce outside the U.S. when expertise is not available inside the U.S. The visa typically allows the holder to stay in the U.S. for three years, which may be extended to six years.
Why do some people complain about the H-1B visa program? Like so many things, the program is hated not for what it is intended to do, but for how people have abused it. Many claim that certain large tech companies have used the program simply to bring in lower-wage workers to do the same job a U.S. worker could do at a higher wage. Many also claim that some of these workers are provided with poor working conditions, whereby they are threatened with the revocation of their visas if they do not work longer hours at reduced wages. These things are easy to believe, but not the fault of the program itself.
What happened on September 19, 2025? President Trump issued an executive order that, among other things, indicated that all H-1B visa petitions must now be accompanied by a $100,000 payment. The order went even further to say that no H-1B visa holder would be allowed entry into the U.S. unless their employer had submitted the $100,000 fee. The order was issued on September 19, 2025, and took effect two days later. This drastic change and prompt effective date sent small and large companies scrambling to ensure none of their current visa holders were denied re-entry to the U.S.
What happened on September 21, 2025? Following understandable outrage from the business community, the administration issued an “FAQ” clarifying that it would not apply to current visa holders. It would only apply on a prospective basis. It is unclear whether this was a drafting error or a change of course. Regardless, it’s so unbelievably stupid. The administration sent people into a panic, resulting in who knows how much completely unnecessary time, money, and stress expended. Sort yourselves out.
Where do things stand now? About the same as on September 21, 2025. However, there are rumblings that the White House may issue further restrictions on future petitions. Maybe these will be the ones that actually target the misuse of the program, rather than unilaterally making it prohibitively expensive for all but the largest companies to utilize the program. Who misuses the program? Large tech companies. Who can pay the $100,000 fee to continue using the program? Large tech companies. What good actors get harmed? Small and mid-sized businesses and startups that do not have an extra $100,000 lying around, but may genuinely need the expertise of a worker who happens to be outside the U.S.
Will things change again? Chances are good. The administration may issue more regulations or clarifications, so we will stay tuned for those. At the same time, lawsuits are already being filed. There is a good argument to be made that the power to modify the H-1B program lies with the Legislative—not the Executive.
As usual, this is a sledgehammer approach where a scalpel is needed. And, also as usual, it’s small businesses who are good actors that suffer (go after Bezos on your own time!). If you want to reform this program to better protect U.S. (and foreign) workers, that’s great. I’m sure there is room for improvement. Just try not to (further) harm everyone else in the process.