Will H-1B Visas Get Harder for Indians? JD Vance Says Companies Laying Off Americans Shouldn’t Hire Foreign Workers
US Vice President JD Vance has signalled tougher scrutiny of companies that lay off American workers and then apply for H-1B visas. The move follows Trump's September 18 executive order, and could impact Indians, who make up about 70 per cent of approved beneficiaries.
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US Vice President JD Vance has signalled that the Trump administration is looking at ways to stop companies from claiming a shortage of talent to bring in H-1B workers after cutting their American workforce, a move that could make the visa process tougher for thousands of skilled professionals, especially Indians. In a video message, Vance said an employer's own hiring and layoff history should count when it applies for foreign workers, pointing to firms that seek H-1B visas while their records show that they let go of large numbers of Americans.
The remarks come only days after President Donald Trump signed an executive order directing US agencies to weigh an employer's recent or planned layoffs when reviewing H-1B applications.
JD Vance Signals Tougher Scrutiny for Firms That Lay Off US Workers
Vice President Vance on the Trump Administration's H1B visa reforms:
"The H-1B should not exist to replace American workers with low-wage foreigners. It should exist to enrich the American economy." pic.twitter.com/7bunZ97u5Z
— Vice President JD Vance (@VP) September 27, 2026
What JD Vance Said
Explaining the concern, Vance described a pattern he says the administration wants to tackle. "You'll have a company that applies for an H-1B, and they'll say, 'Oh, we're desperate for workers, we can't find the workers.' And then you go and look at their history, and they've laid off 5,000 people," Vance said.
He added, "If you're laying off American workers, you shouldn't be going to the market searching for foreign workers to replace them." H-1B Visa Programme May ‘Look Very Different’ in 1 Year as US Expands Fraud Investigation.
Trump's September 18 Executive Order
The order signed on September 18 asks US agencies to consider an employer's recent or planned layoffs of American workers while reviewing H-1B petitions and related filings. It also calls for closer coordination between the Departments of Labor, Homeland Security, State, Commerce and other agencies.
The Labor Department has additionally been directed to begin reviewing previously submitted applications for potential violations. H-1B Visa: US Proposes Ending 60-Day Grace Period After Job Loss.
Administration's Argument on Cheaper Foreign Labour
The Trump administration has argued that some employers and outsourcing companies have used the H-1B programme to replace US workers with lower-paid foreign labour. It has also brought in a USD 100,000 fee for certain H-1B workers, while Vance has defended the broader push to make the programme more restrictive.
Why Indians Are Watching Closely
Indian professionals account for the largest share of H-1B beneficiaries. According to USCIS data cited in recent reporting, India-born workers made up about 70 per cent of approved H-1B beneficiaries in fiscal year 2025.
The H-1B programme lets US employers hire foreign workers for specialised occupations, particularly in technology, engineering, research and healthcare.
Not a Blanket Ban, but a Warning Sign
Greater scrutiny of employers, particularly those with recent layoffs, could make hiring and sponsorship more complicated for foreign professionals. The latest policy direction is not a blanket ban on H-1B hiring, but it signals that companies' workforce records will get far more attention.
(The above story first appeared on LatestLY on Sep 28, 2026 07:56 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).