‘H-1B visa shouldn’t replace American workers’: JD Vance backs Trump’s visa reforms

Speaking at the All-In podcast, Vance said the Trump administration examined the “fraud” in the system and sought administrative measures to acknowledge it, stating that the US Congress “lacked political will” to change the law.

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

Vance backs $100,000 H-1B visa fee

US Vice President Vance said that companies seeking H-1B visas shouldn’t replace American workers with low-wage foreigners.

H-1B explainer

Trump’s H-1B overhaul: What changes for foreign workers?

United StatesH-1B work visaWhy India should watch

JD Vance says the H-1B programme should bring highly skilled workers to the US, not replace American employees.

“The H-1B should not exist to replace American workers with low-wage foreigners. It should exist to enrich the American economy.”

JD Vance, US Vice President, on X, Sept 27, 2026

H-1B REFORM

What the policy does

​

1. 01

   $100,000

   payment for certain H-1B petitions

   Applies to new petitions for workers outside the US. In force since Sept 21, 2025; now extended to Sept 21, 2027.

2. 02

   More scrutiny

   of employers and H-1B hiring practices

   A Sept 18, 2026 order tells the State, Labor and Homeland Security departments to coordinate reviews. Labor must re-examine past filings within 30 days.

3. 03

   Higher-skill emphasis

   greater weight for highly paid, skilled roles

   The H-1B lottery is now weighted by wage level. Higher-paid roles get more entries, starting with the March 2026 draw.

   Lottery entries per registration

   Level IV​​​​4

   Level III​​​3

   Level II​​2

   Level I​1

   Wage levels are set by the Labor Department. Level IV is the highest.

4. 04

   Layoffs in focus

   employment and layoff history can matter

   Agencies must consider whether an employer has laid off, or plans to lay off, US workers in similar jobs.

Why it matters to Indian workers

1. 

   US employer

   Decides to hire a foreign professional

2. 

   H-1B sponsorship

   Employer files a labour condition application on wages and conditions

3. 

   Visa petition

   Filed with US Citizenship and Immigration Services

4. 

   Higher cost + greater scrutiny

   $100,000 if the worker is outside the US; layoff history and past filings checked

5. 

   Job, salary and skill level matter more

   Higher wage levels get more chances in the lottery

​​​

INDIA CONNECTION

Indian professionals are among the major users of the H-1B programme, making changes to H-1B costs, selection and employer scrutiny particularly relevant to Indian technology workers.

Not covered by the $100,000 payment

• Current H-1B visa holders
• Extensions and amendments filed within the US
• Changes of status inside the US, such as F-1 student to H-1B

Key dates

1. Sept 21, 2025$100,000 payment takes effect
2. Dec 29, 2025Wage-weighted lottery rule published
3. March 2026First weighted lottery, for FY2027 visas
4. Sept 18, 2026New order on layoffs and scrutiny; fee extended
5. Sept 21, 2027$100,000 payment extended until

Sources: The White House, US Citizenship and Immigration Services, Department of Homeland Security (Federal Register), agencies. The Sept 18, 2026 order awaits detailed agency guidance.

Express InfoGenIE

He said the administration introduced the $100,000 fee on H-1B visas after companies in the US allegedly started replacing American workers with lower-paid foreign workers, adding that the programme wasn’t intended for it.

‘H-1B should not replace American workers’

“The H-1B should not exist to replace American workers with low-wage foreigners. It should exist to enrich the American economy,” Vance said in the podcast. He added, “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. Well, that’s ridiculous.”

What Vance said about skilled workers

Explaining the visa programme, Vance referred to a hypothetical situation wherein he said that if a tech company is trying to get an H-1B visa, “it’s an actual genius.” The Vice President said, “You’re not just replacing one accountant who makes $60,000 with a lower-wage foreign accountant who makes $45,000 a year. That is not what the programme exists for.”

Trump’s September 18 H-1B order

The comments by Vance come after President Trump signed an executive order on September 18 that directs the agencies to scrutinise an employer’s recent or planned layoffs when reviewing the H-1B visa cases. The order adds another layer of audit for companies that sponsor foreign workers and potentially changes the several stages of process for the H-1B programme.

“To combat these abuses, the 2025 Proclamation set forth a restriction on entry of certain H-1B nonimmigrant workers, except for those petitions that were accompanied or supplemented by a $100,000 payment, subject to very limited exceptions,” the executive order signed by Trump read.