h-1b visa

President Trump signed a proclamation that imposes a $100,000 fee on H-1B visa applications, the immigration allocation set aside for highly skilled workers the U.S. economy needs. The new rules threaten the availability and deployment of human capital in the United States. This is misguided and will hurt U.S. growth and innovation, at a time when the global arms race for AI creates a vital need for the sharpest human talent and innovators.

We are professors who study and teach innovation-related topics at U.S. research universities. As immigrants to the United States from India and Panama respectively, we understand firsthand the sometimes painful discussions around H-1B immigration. Tensions around immigration routinely affect our academic institutions, our current students and former students now in industry. But there should be a lot of common ground on this polarizing topic.

STEM immigrants are creating substantial value in the United States. Immigrants play a significant role in entrepreneurial ventures in the United States and particularly startup innovation. Further, such immigrants are responsible for 23% of innovation output in the United States. This effect is in part based on policies that allow for foreign students to study and stay in the United States to work in startups.

H-1B immigration is like a natural selection process that benefits the U.S. immensely. Highly skilled immigrants in areas such as technology and medicine come hungry for hard work and full of ideas to better the world — to create new products, services and even markets as well as to cater to existing needs through more incremental improvement and optimization. Many of our best students are immigrants who are looking to stay in the United States and create work opportunities that would not be possible anywhere else in the world. In the United States, we recognize entrepreneurial success perhaps more than any other country. It is one of our greatest attributes as a society.

Nevertheless, we do have an immigration problem in the United States. The problem is that the distribution of benefits across the United States is highly skewed. Much of the wealth generated in terms of company creation and jobs has redounded to innovative clusters. But the idea to reduce the total number of H-1B immigrants by increasing the cost is exactly the wrong way to “solve” this problem — by dragging down the thriving parts of the economy rather than lifting up the rest.

To grow economic prosperity throughout the country, we need to offer more opportunities for more H-1B visa applicants. There are simply not enough trained U.S. nationals to take on the sort of labor required for the next wave of a tech-enabled industrial revolution.

Distributing the fruits of H-1B visa holders’ work more broadly requires a different approach than the U.S. has taken before. We should increase the total number of new H-1B visa recipients each year to 350,000 from around 85,000, with the additional visas apportioned across states so that locations like college towns — places like Lawrence, Kan., Gainesville, Fla., and Clemson, S.C., as well as cities such as Birmingham, Pittsburgh, Cincinnati, Salt Lake City and Boise receive sufficient numbers of H-1B workers. Visas could be allocated through a process akin to the resident-matching system for medical doctors, thereby sending workers to states where they would create greater value by filling economic and technological gaps. This infusion of labor would improve technological innovation in local economies and create local spillover effects in job creation and additional innovation.

Such immigration is necessary particularly now given a global push toward increased industrial policy, as China and others invest in AI and broader digital transformation. At a time when our national security is linked to technological innovation, it is shortsighted not to open ourselves to more immigration. If we do not, we will lose some of the best and brightest minds to Canada, Australia, the United Kingdom, Singapore and other countries.

Immigration is currently a volatile political issue in the U.S., as it has been at some other moments in the nation’s history. Although this is a country of immigrants, for people who feel insecure about pocketbook and cultural issues, continued immigration can feel threatening. As a percentage of people living in the United States, it has been more than 100 years since there were as many immigrants here as there are now. But as with past waves of immigration, productivity and transformation have followed.

This is particularly clear for H-1B visa holders, who create opportunities for people born in the U.S. and ensure the vitality of American innovation, security and democratic values. Increasing the costs of such visas would chill their use and reduce U.S. prosperity and innovation exactly at a time of great need.

Hemant Bhargava is a professor of business at UC Davis Graduate School of Management and director of the Center for Analytics and Technology in Society. D. Daniel Sokol is a professor of law and business at USC.

WASHINGTON — The Indian government expressed concern Saturday about President Trump’s latest push to overhaul American immigration policy, dramatically raising the fee for visas that bring tech workers from India and other countries to the United States.

The president on Friday signed a proclamation that will require a $100,000 annual fee for H-1B visas — meant for high-skilled jobs that tech companies find hard to fill. He also rolled out a $1-million “gold card” visa for wealthy individuals, moves that face near-certain legal challenges amid widespread criticism that he is sidestepping Congress.

If the moves survive legal muster, they will deliver staggering price increases. The visa fee for skilled workers is currently $215.

India’s Ministry of External Affairs said Saturday that Trump’s plan “was being studied by all concerned, including by Indian industry.” The ministry warned that “this measure is likely to have humanitarian consequences by way of the disruption caused for families. Government hopes that these disruptions can be addressed suitably by the U.S. authorities.”

More than 70% of H-1B visa holders are from India.

H-1B visas, which require at least a bachelor’s degree, are meant for high-skilled jobs that tech companies find difficult to fill. Critics say the program undercuts American workers, luring people from overseas who are often willing to work for as little as $60,000 annually. That is well below the $100,000-plus salaries typically paid to U.S. technology workers.

Trump said Friday that the tech industry would not oppose the move. Commerce Secretary Howard Lutnick claimed that “all big companies” are on board.

Representatives for the biggest tech companies, including Amazon, Apple, Google and Meta, did not immediately respond to messages for comment. Microsoft declined to comment.

“We’re concerned about the impact on employees, their families and American employers,” the U.S. Chamber of Commerce said in a statement. “We’re working with the Administration and our members to understand the full implications and the best path forward.”

Lutnick said the change would probably result in far fewer H-1B visas than the 85,000 annual cap allows because “it’s just not economic anymore.”

“If you’re going to train people, you’re going to train Americans,” Lutnick said on a conference call with reporters. “If you have a very sophisticated engineer and you want to bring them in … then you can pay $100,000 a year for your H-1B visa.”

Trump also announced that he will start selling a “gold card” visa with a path to U.S. citizenship for $1 million after vetting. For companies, it would cost $2 million to sponsor an employee.

Trump also announced a “platinum card,” which could be obtained for $5 million and would allow foreigners to spend up to 270 days in the U.S. without being subject to U.S. taxes on non-U.S. income. Trump announced a $5-million gold card in February to replace an existing investor visa — this is now the platinum card.

Lutnick said the gold and platinum cards would replace employment-based visas that offer paths to citizenship, including for professors, scientists, artists and athletes.

Critics of H-1Bs visas who say they are used to replace U.S. citizens in certain jobs applauded the move. U.S. Tech Workers, an advocacy group, called it “the next best thing” to abolishing the visas.

Doug Rand, a senior official at U.S. Citizenship and Immigration Services during the Biden administration, said the proposed fee increase was “ludicrously lawless.”

“This isn’t real policy — it’s fan service for immigration restrictionists,” Rand said. “Trump gets his headlines, and inflicts a jolt of panic, and doesn’t care whether this survives first contact with the courts.”

“The president has no legal authority to tax American visas,” said Michael Clemens, a George Mason University economist who studies immigration. “He has the authority to charge reasonable fees for cost recovery, not set fees at $100,000 or $100 million or whatever suits his personal … arbitrary capricious whims.

“If the president feels that H-1B visas are harmful, he can work with the people’s representatives in Congress to reform the laws that regulate those visas. His choice to legislate by proclamation subverts our entire immigration governance system,’’ said Clemens, who is also a senior fellow at the Peterson Institute for International Economics. “Beyond that, it is poisonous [and] irresponsible to do so with no warning, no public debate, leaving hundreds of thousands of workers and millions of their colleagues and family members in chaos and fear.’’

Lutnick said the H-1B fees and gold card could be introduced by the president but the platinum card needs congressional approval.

Historically, H-1B visas have been doled out through lottery. This year, Amazon was by far the top recipient of H-1B visas, with more than 10,000 awarded, followed by the Indian firm Tata Consultancy, then Microsoft, Apple and Google. Geographically, California has the highest number of H-1B workers.

Critics say H-1B spots often go to entry-level jobs, rather than senior positions with unique skill requirements. And while the program isn’t supposed to undercut U.S. wages or displace U.S. workers, critics say companies can pay less by classifying jobs at the lowest skill levels, even if the specific workers hired have more experience.

As a result, many U.S. companies find it cheaper to contract out help desks, programming and other basic tasks to consulting companies such as Wipro, Infosys, HCL Technologies and Tata — all in India — and IBM and Cognizant in the U.S. These consulting companies hire foreign workers, often from India, and contract them out to U.S. employers looking to save money.

Ron Hira, a professor in the political science department at Howard University and a longtime critic of H-1B visas, said the plan was a move in the right direction.

“It’s a recognition that the program is abused,’’ he said.

Raising the visa fee, he said, was an unusual way to address the H-1B program’s shortcomings. Normally, he said, reformers seek ways to raise the pay of the foreign workers, eliminating the incentive to use them to replace higher-paid Americans. He noted approvingly that Trump’s proclamation calls for the U.S. Labor Department to “initiate a rule-making [process] to revise the prevailing wage levels’’ under the visa program.

Critics of H-1B visas have also called on the lottery to be replaced by an auction in which companies vie for the right to bring in foreign workers.

First Lady Melania Trump, the Slovenian-born former Melania Knauss, was granted an H-1B work visa in October 1996 to work as a model.

In 2024, lottery bids for the visas plunged nearly 40%, which authorities said was due to success against people who were “gaming the system” by submitting multiple, sometimes dubious, applications to unfairly increase chances of being selected.

Major technology companies that use H-1B visas sought changes after massive increases in bids left their employees and prospective hires with slimmer chances of winning the random lottery. Facing what it acknowledged was likely fraud and abuse, U.S. Citizenship and Immigration Services this year said each employee had only one shot at the lottery, whether the person had one job offer or 50.

Critics welcomed the change but said more needs to be done. The AFL-CIO wrote last year that while changes to the lottery “included some steps in the right direction,” it fell short of needed reforms. The labor group wants visas awarded to companies that pay the highest wages instead of by random lottery, a change that Trump sought during his first term in the White House.

Associated Press writers Ortutay and Kim reported from Oakland and Washington, respectively. AP writers Adriana Gomez Licon in Fort Lauderdale, Fla., Elliot Spagat in San Diego and Paul Wiseman in Washington contributed to this report.