As the rules governing H-1B visas grow increasingly strict, numerous US senators, former officials, and other influential figures have criticized the H-1B programme. Among them, senior Senator Ruben Gallego (D-Arizona) has urged the Trump administration to tighten federal scrutiny of corporate use of H-1B visas.
He warned that while major US tech firms are laying off large numbers of domestic employees, they continue to hire thousands of foreign professionals, a trend that could significantly impact engineers and other tech workers, who form the largest group of H-1B beneficiaries.
Gallego wrote a letter to Labour Secretary Lori Chavez-DeRemer, USCIS Director Joseph Edlow, and Attorney General Pam Bondi mentioning that high-skilled immigration “must advance economic growth without becoming a channel to undercut or replace US employees.”
“High-skilled immigration programs, when designed, implemented, and enforced appropriately, spur economic growth that creates good-paying jobs for American workers,” Gallego wrote. “At the same time, we must ensure such programs are not used to undercut or replace US employees, especially as the American dream continues to grow further out of reach for young people.”
Gallego noted that over the last several years, large tech corporations have reportedly laid off “hundreds of thousands” of American workers — even as in fiscal year 2025, the same companies were approved to hire “over 30,000 foreign H-1B workers.”
He warned that the trend raises “important questions” about how the visa program is being deployed, particularly given elevated unemployment among young U.S. tech workers and a sharp drop in the share of younger employees. “Employees between the ages of 21 and 25 made up 15 per cent of the workforce in January 2023. By July 2025, that number had dropped to 6.7 per cent.”
Gallego pressed the administration to explain how the recently launched enforcement initiative Project Firewall will be used to prevent abuses. The initiative allows agencies to investigate suspected misuse of H-1B hiring, particularly by companies that have laid off U.S. workers but continue to recruit foreign visa holders.
He asked detailed questions about how investigations will be prioritized, including whether firms with layoffs will receive “special scrutiny,” how compliance with wage and job-description rules will be ensured, and whether certification requirements for initiating investigations might slow down enforcement or open the door to “red tape, corruption or pay-to-play.”
Gallego concluded, “We must ensure that corporations using H-1B visas honor the intent of the program and do not displace American workers. In doing so, we can provide economic opportunity for young Americans to achieve the American dream.”Criticism of the H1-B visa
This follows strong criticism from former U.S. consular officer Simon Hankinson, who argued that the H-1B programme has strayed from its original purpose of bringing highly skilled professionals into the country.
Hankinson, who has conducted thousands of visa interviews in India, wrote in a Fox News opinion commentary that the system is now dominated by applicants with ordinary qualifications.
“While there were a few obviously exceptional talents among the hundreds, if not thousands, of visa applicants I interviewed in my career, most were average college-graduate workers,” he said. He further claimed that “the H-1B visa has badly deviated from its original intent and needs significant reform to put American workers first.”
His remarks came after former Congressman Dave Brat and former U.S. diplomat Mahvash Siddiqui also alleged widespread fraud in the programme.
Meanwhile, the Trump administration has rolled out new measures that heighten scrutiny of H-1B holders and applicants. An internal State Department memo states that under stricter vetting rules, individuals deemed to have engaged in “censorship” of free speech could be denied entry.
From December 15, mandatory social media screening will apply to all H-1B visa applicants and their H-4 dependents, requiring them to ensure their profiles are publicly accessible to facilitate background checks.