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Trump Suspends H-1B Visas for Tech Firms Over Fraud

 ·  By Sophronia Wentworth
Trump Suspends H-1B Visas for Tech Firms Over Fraud - h-1b visa fraud
Microsoft laid off 6,000 workers in 2015 while adding 6,300 H-1B visa holders and 3,000 green card recipients.

The Trump administration has suspended new and pending H-1B visa applications for eight technology companies, including Microsoft, Adobe, Cognizant, Tata, Wipro, Infosys, HCL, and Capgemini, citing widespread fraud in the foreign worker programs. Vice President J.D. Vance labeled Microsoft the “biggest abuser” of the program, pointing to the company’s 2015 layoffs of 6,000 workers while simultaneously adding 6,300 H-1B visa holders and another 3,000 green card recipients. The White House claims the H-1B program, designed to bring in skilled foreign workers for roles unfilled by Americans, has been systematically exploited to undercut wages and mistreat employees.

Administration’s Allegations and Rationale

Vance argued that companies exploit the visa system by advertising for positions, claiming no Americans applied, and then replacing them with workers who lack the rights of citizens. He emphasized that the program’s structure allows employers to hold visas, making it difficult for workers to switch jobs or report abuses.

Labor Secretary Keith Sonderling stated the suspension is part of a broader effort to address long-standing fraud, with the administration’s fraud task force already launching multiple criminal investigations. The freeze applies to both new H-1B applications and Permanent Labor Certification (PERM) processes, which are critical steps for employers seeking to sponsor foreign workers for green cards. Many of the targeted firms are federal contractors, raising questions about the suspension’s impact on government projects.

Microsoft’s Response and Industry Pushback

Microsoft disputed the administration’s characterization, stating that approximately 80% of its 6,000 H-1B applications in the last fiscal year were for extending or changing the status of existing employees rather than new hires. The company emphasized that its remaining new-hire filings involved individuals already legally present in the U.S., accounting for just 1% of its domestic workforce. Microsoft also asserted its H-1B employees earn wages comparable to or higher than peers in similar roles and reiterated that the majority of its U.S. workforce are American citizens. The firm, a major supplier to the federal government, did not address whether the suspension might affect its government contracts.

Other companies on the list, such as Infosys and Tata, similarly provide federal IT services, though their specific roles under the ban remain unclear. Vance cited complaints about “indentured servitude” and wage suppression. The suspension targets companies with significant government ties. Microsoft’s statement noted its compliance with wage requirements and the minimal scale of new foreign hires.

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