Protecting the H-1B Visa

A Promise to "Hire American" in the "Nation of Immigrants"

Modern U.S. employment practices necessitate reform of the H-1B sponsorship program. Reducing the number of H-1B visas available to U.S. employers could have a devastating impact on the economy and higher education. Proper expansion of the program would create additional jobs for U.S. citizens, while allowing employers to hire the most qualified candidates, regardless of their national origin. Legitimate interests surrounding national security and domestic economic growth and stability can successfully coincide with program expansion.

This Note first reviews the development of the H-1B sponsorship program, its relation to other work visas, and its foundations in immigration law. It next analyzes the Trump administration’s proposed changes to the H-1B sponsorship program and relevant legal concerns pertaining to the increased wage requirements and labor market tests for H-1B sponsorship, and the impact this has on U.S. companies. Finally, this Note recommends a practical approach to foreign sponsorship that protects the interests of U.S. citizens, while meeting the growing demand for cross-border work.

The full text of this Note is available to download as a PDF.