USCIS Director Proposes Major Changes to H-1B Visa Program

The new Director of U.S. Citizenship and Immigration Services (USCIS), Joseph Edlow, has proposed changes to the H-1B skilled worker visa program that could make it harder for lower-paid workers and international graduates to qualify. In a recent interview with The New York Times, Edlow said the visa system should support the U.S. workforce and not replace it.

He suggested that a new system would favour companies offering higher wages, shifting the focus away from the current random lottery draw used to allocate visas. His remarks come as USCIS and the Department of Homeland Security (DHS) submitted a formal proposal to the Office of Management and Budget on July 17 for review.

From Random Lottery to Wage-Based Selection
Currently, the H-1B program uses a lottery system to choose visa applicants. But under the new proposal, visas would be awarded based on salary levels, with those offering the highest pay getting first priority. The idea is to prevent employers from hiring foreign workers at lower wages than Americans.

This approach is similar to a plan introduced during Donald Trump's first term, which aimed to give preference to high-wage positions. That earlier plan was later withdrawn under President Biden.

However, it’s unclear if the current proposal is exactly the same as the one from 2021.

Concerns from Tech and Education Sectors
Many critics worry that the wage-based system could hurt recent international graduates, especially those just starting their careers. These early-career professionals often work in important but lower-paid fields such as engineering, healthcare, or academic research.

Doug Rand, former senior adviser to USCIS under the Biden administration, warned the new proposal could be “disastrous” for not just tech giants like Apple, Amazon, and Google, but also Ford, Walmart, small businesses, startups, and hospitals. These employers commonly sponsor recent STEM graduates who wouldn’t meet the highest wage levels.

Rand pointed out that many of these international graduates are skilled, highly educated, and contribute directly to America’s innovation and economy. But under the proposed changes, they may be pushed out of the system.

The Role of International Students in the U.S. Economy
In 2024, more than 50% of international graduates from U.S. universities earned degrees in STEM fields (Science, Technology, Engineering, and Math). Many of these students stay on in the U.S. to gain work experience through the Optional Practical Training (OPT) program.

With a declining U.S. labor force projected by 2030, experts argue that international students are essential to filling jobs, especially in STEM and healthcare. Organizations like the Institute of International Education (IIE) and business leaders stress that international talent is key to supporting the country’s economic growth.

Ben Waxman, CEO of Intead, told that controlled immigration should be used to strengthen U.S. companies and the economy, especially when there aren’t enough American graduates to meet demand.

Rethinking the H-1B System
Currently, the U.S. allows 85,000 new H-1B visas per year—65,000 under the regular cap and 20,000 for individuals with advanced U.S. degrees (known as the master’s cap). Every year, employers submit applications for more workers than available visas, which triggers the random lottery.

In response to criticism of this system, experts have suggested using labor market data to identify industry needs and allow states more control over visa distribution. Waxman proposes a data-driven approach that would use:

• Graduation rates from U.S. universities
• Unemployment data for American STEM graduates
• Employer demand by job level (entry, mid, senior)

This would help the government create a better visa allocation system that adjusts yearly based on actual workforce needs.

H-1B Debate in U.S. Politics
The H-1B visa continues to be a politically charged topic. Earlier this year, it gained attention again when Donald Trump supported Elon Musk in defending the visa program against criticism from members of his own party. Musk praised the H-1B program, saying it brought in the "essential individuals" who helped build companies like Tesla and others that have contributed to U.S. innovation.

What’s Next?
The new proposal is still under review and has not been finalized. But if passed, it could make major changes to the way international talent enters and contributes to the U.S. workforce. While supporters argue it could raise wage standards, critics worry it could shut out early-career professionals and essential workers, especially those coming from U.S. universities.

As the debate continues, business leaders, universities, and immigration advocates will be watching closely.

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