To secure its position as a global hegemon and outpace China in the race for AI supremacy, the United States must invest in strengthening its intellectual, industrial, and research capabilities. Success demands more than importing a handful of elite foreign engineers: it requires building a robust, homegrown pipeline of skilled professionals to drive innovation and sustain long-term competitiveness.

Here’s the truth: Elon Musk and Vivek Ramaswamy lied to you. The H-1B program doesn’t bring world-class talent—it attracts individuals with a bachelor’s degree. That’s it. The rest is just noise. Corporations exploit H-1Bs as grinders—workers willing to clock more than 40 hours a week for 20% less than the market rate. Finding an engineering genius in a sea of H-1B workers isn’t the norm—it’s a lucky bonus.

Our people should be our strength. Bringing thousands of average to above-average engineers to the United States with hopes of hitting the jackpot on a handful of geniuses is not a sustainable model. Either create a new system for attracting truly top global talent, or prioritize domestic talent, reform our schools, and expand STEM education in U.S. universities for U.S. citizens.

Yet the current state of U.S. immigration—particularly the H-1B visa program—is riddled with systemic abuses that undermine this goal. This essay explores these abuses, examines their consequences for American workers and industries, and offers a patriotic call to action for reform.

Let’s confront the reality: Elon Musk and Vivek Ramaswamy disingenuously portrayed the H-1B program as a world-class, elite initiative for expert talent, despite its only requirement being a modest bachelor’s degree in a specialty occupation. They aren’t telling you the truth—they’re protecting the interests of their elite friends in Silicon Valley.

 

H-1B: A Cheap Facade of Excellence

The H-1B visa was designed to bring highly skilled foreign workers to the U.S. to address labor shortages in specialty occupations. In theory, it should enhance innovation and competitiveness.

In reality, the program has devolved into a system prioritizing corporate profit over meritocracy and fairness. Most H-1B workers are not in the top 1% of talent—a fact that becomes evident when analyzing the bare minimum requirements for the program.

The minimal qualification of a bachelor’s degree or its equivalent in experience reduces the H-1B program to a numbers game, not a mechanism to attract world-class talent. Unlike the O-1 or EB-2 visas, which target individuals with extraordinary or exceptional ability or advanced degrees, the H-1B attracts early to mid-level talent. Canada’s Global Talent Stream visa program, by contrast, emphasizes expedited processing for truly in-demand skillsets while maintaining strict vetting standards—a model the U.S. could learn from. If attracting top-tier talent were truly the goal, reforming the O-1 program—which has no cap and aligns more closely with meritocracy—would make more sense. Instead, the H-1B dominates, offering corporations cheaper labor at the expense of domestic innovation. In short, Elon Musk and Vivek Ramaswamy are misleading the public.

 

Systemic Abuses in the H-1B Process

Having worked directly in preparation, compliance and strategizing within the H-1B ecosystem, I witnessed pervasive fraud and systemic negligence that perpetuate these issues. Forged diplomas, transcripts, and experience letters are often used to qualify workers who lack the necessary skills. Translation-services companies frequently rubber-stamp these documents without proper vetting or quality review. Law firms and consultancies create templates to address USCIS’s Requests for Evidence (RFEs), crafting vague legal arguments that are repeatedly accepted, perpetuating a cycle of abuse. Once one legal argument is approved, companies replicate it across similar cases, ensuring minimal scrutiny.

Corporations write job descriptions so specific that they exclude qualified U.S. workers, ensuring pre-selected foreign workers meet the criteria. For example, job descriptions are often tailored to match the day-to-day responsibilities of a specific individual, making it nearly impossible for other candidates to qualify. A particularly egregious case occurred when a major consultancy firm created job requirements that effectively mirrored the resume of a preselected H-1B candidate, ensuring no American worker could compete for the role. U.S. workers are systematically overlooked, with external job postings meant to attract domestic candidates often being inadequate or non-existent, undermining the program’s requirement to prioritize American labor. Investigations by the Department of Justice have revealed widespread non-compliance in this area.

Non-profit organizations exploit the “non-cap” provision by hiring H-1B workers and renting them out to for-profit companies at a premium. These non-profits circumvent the annual cap restrictions, creating an unchecked flow of H-1B labor into industries that would otherwise face tighter regulatory scrutiny. H-1B workers’ dependency on their employers for visa sponsorship creates a power imbalance. They must comply with excessive demands, as losing their job could mean deportation. This system fosters an environment where workers are obedient and wages remain suppressed. One striking example involved a software engineer who was underpaid for years, only to discover that any attempt to negotiate better terms would jeopardize his visa.

Major consultancy firms like Infosys, Cognizant, and Tech Mahindra use onsite-offshore staffing models to circulate H-1B workers in and out of the U.S. These workers are often benched between projects, exploiting regulatory loopholes while maintaining a low-cost workforce. A 2017 Department of Labor investigation revealed that such firms consistently underpaid workers and used contracts to limit their mobility, trapping them in exploitative cycles.

 

Economic Ramifications

The abuse of the H-1B system has far-reaching consequences for U.S. workers and industries. The Department of Labor (DOL) sets wages for H-1B positions about 20% lower on average than market rates, undercutting American workers. This practice keeps internal salary bands low, impacting wages across entire companies and industries. High-profile cases, such as Cognizant’s discrimination against U.S. workers, reveal a pattern where American employees are let go while H-1B workers from the same cultural background as their managers are protected.

Industries such as IT, technology, and engineering are disproportionately impacted. In 2022, an investigation found that a major Silicon Valley company was paying H-1B workers in engineering roles significantly below market rates, effectively displacing hundreds of domestic candidates. These practices not only harm individual workers but also stifle innovation, as suppressed wages lead to reduced morale and retention of top domestic talent. Wage stagnation in tech sectors impacts the broader economy, reducing consumer spending and widening economic inequality.

 

Broader Abuses: EB-5 and PERM Programs

The problems extend beyond H-1B. The EB-5 program, designed to attract foreign investment, has been exploited for money laundering through falsified source-of-funds documentation and shell projects. The Hudson Yards project in New York is a glaring example of questionable practices. Investigations revealed that millions of dollars in EB-5 investments were funneled through opaque financial structures, raising concerns about compliance and oversight.

Similarly, employers often neglect requirements for PERM labor certifications, such as adequate job postings or maintaining public access files. One notable case involved a multinational corporation that falsely certified its labor market tests, effectively excluding qualified U.S. candidates from consideration. This oversight disadvantages American workers and perpetuates fraud, creating systemic imbalances in labor markets.

 

Historical Context

The H-1B program, introduced in 1990, aimed to address labor shortages in specialized fields. However, over the years, its purpose has been distorted. While initially framed as a tool to fill skill gaps, it has evolved into a mechanism for suppressing wages and displacing American workers. The program’s cap—currently set at 85,000 visas annually—is far too high given its flawed implementation.

The contrast with other visa programs is stark. The O-1 visa, requiring extraordinary ability, aligns with the original intent of attracting world-class talent. The EB-2 and EB-3 categories, while more stringent, are similarly plagued by misuse and neglect of enforcement. By contrast, countries like Australia have implemented points-based systems that prioritize skills alignment with national interests, a model the U.S. could consider adopting.

 

The Indentured Servitude Argument

H-1B workers’ dependency on employer sponsorship creates a modern form of indentured servitude. They must comply with excessive demands, work long hours, and accept lower wages, as their ability to remain in the U.S. hinges on their job. This systemic vulnerability ensures corporations can maintain a compliant, low-cost workforce. In one reported instance, an H-1B worker in California was forced to work 80-hour weeks without overtime pay, fearing that any complaint would lead to immediate dismissal and deportation. Such cases underscore the human cost of these exploitative practices.

 

A Plan for Reform: Prioritizing U.S. Workers

To address these issues, several reforms are necessary. Strengthening enforcement is critical. Mandating audits for all H-1B employers to ensure compliance with posting requirements, wage transparency, and public access files can help. Stricter penalties for falsified qualifications and fraudulent documentation must be imposed.

Raising wage requirements is another essential step. Adjusting DOL wage determinations to reflect true market rates will ensure H-1B workers are not a cheaper alternative to domestic labor. Reforming the H-1B cap is equally important. Reducing the annual cap and allocating visas to industries with genuine shortages, prioritizing companies that invest in U.S. worker training programs, can help restore balance.

Investing in domestic talent pipelines is vital for long-term competitiveness. Launching a national STEM training initiative focused on underserved communities, veterans, and mid-career professionals will create a sustainable talent pool. For instance, partnerships between government and private companies to establish coding boot camps or apprenticeship programs could accelerate the development of domestic talent. Providing tax incentives for companies that upskill American workers can further incentivize domestic investment.

Eliminating loopholes, such as the “non-cap” H-1B provision and enforcing restrictions on onsite-offshore staffing models, will close avenues for exploitation. Greater transparency in visa allocation and stricter oversight of consulting firms will ensure a fairer system for all stakeholders.

 

The Geopolitical Stakes

Competing with China in artificial intelligence, technology, and innovation requires a deliberate strategy. China’s state-led investment in AI and tech industries has already placed it ahead in key areas, such as quantum computing and machine learning applications. Relying on temporary foreign labor undermines America’s long-term competitiveness. While corporations benefit from lower costs, the broader economy suffers as wages stagnate and living standards decline.

This is a battle of empires, and the U.S. must prioritize its own citizens to succeed. Without investing in domestic talent, America risks losing the AI and tech race while simultaneously eroding its middle class. A strategy that combines education reform, workforce development, and immigration policy realignment is essential to counter these challenges.

 

A Patriotic Call to Action

This is not an anti-immigrant stance: it is a pro-American vision. Reforming the H-1B program is about fairness, innovation, and sovereignty. America must choose: remain a nation of compromised principles and stagnating wages, or rise as a beacon of opportunity and excellence.

The time for action is now. Reforming immigration is not a partisan issue—it’s a patriotic imperative. Let us restore the promise of America, not as a bargain bin for corporations, but as a land where talent is nurtured, rewarded, and celebrated.

Global Guru tweets @globalgur