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Why doesn't Trump suspend new H1-B visas?

Posted on 1/3/26 at 5:05 pm
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 5:05 pm
Congress allows up to 85,000 new H1B's every year, that is the cap. There is no "minimum", there is a cap. That means the president can simply order the Secretary of State to stop issuing new ones, immediately. Even if they have to refund the application fee. And there's nothing a federal judge could do about it. A judge somewhere will try, but ultimately be struck down.

There's currently almost a million of them here, because the congressional cap doesn't include renewals. Only net-new ones.

To revoke and deport existing ones might be a more complex legal situation, maybe not, I don't know.

But it should be easy-peasy to stop the bleeding by stopping new ones.

Our middle class is being eaten alive from a number of angles, and this is one that has a very quick and simple fix.

Why hasn't Trump done it?
Posted by Robin Masters
Birmingham
Member since Jul 2010
35230 posts
Posted on 1/3/26 at 5:06 pm to
I wish he would. I’m in favor of ending all immigration for several years at least.
Posted by SallysHuman
Lady Palmetto Bug
Member since Jan 2025
15245 posts
Posted on 1/3/26 at 5:07 pm to
Simple answer is diplomacy.
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 5:09 pm to
quote:

Simple answer is diplomacy.


frick diplomacy. America First.

This is real to me. And many of my coworkers.
Posted by SallysHuman
Lady Palmetto Bug
Member since Jan 2025
15245 posts
Posted on 1/3/26 at 5:11 pm to
It is real… and I’m not vouching for H1Bs… just giving a simple answer to a complex question.

quote:

The H-1B visa program has a significant impact on international diplomatic relations, primarily by influencing economic partnerships, talent flow, and the perception of U.S. immigration policy abroad, especially in countries like India and China, which are the primary sources of H-1B holders.
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 5:44 pm to
The fact these countries are sucking Trump's dick to keep these visa's flowing is exhibit A that they are completely ripping us off, and has been for over 10 years. Their economies are built on it. I understand Trump is using it as a wild card to make India do whatever he wants them to do, but at the expense of Americans. It's bullshite and I'm not letting it go. He's been in office about a year now, and this is one of the simplest quickest easiest fixes he could have done.
Posted by SallysHuman
Lady Palmetto Bug
Member since Jan 2025
15245 posts
Posted on 1/3/26 at 5:48 pm to
quote:

It's bullshite and I'm not letting it go. He's been in office about a year now, and this is one of the simplest quickest easiest fixes he could have done.


I wish it would stop, too… a cold, hard stop- then a very limited, selective, minimal allowance for absolute need.

I’m just a chick sitting on my couch though- it ain’t up to me.

Anywho- I have no debate to give because I feel much the same way as you and most others on here- my only intention was to give an actual answer to your question, aside from whether or not I personally like the answer- and I don’t like it, fwiw.
Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
34950 posts
Posted on 1/3/26 at 5:52 pm to
I'm alright with the 85k, but I want to see rigorous litmus testing on all applications, both new and renewals.

No entry level SAP MM consultants should be here on H1-Bs, but there are thousands of them. That's a great place to start.
Posted by EphesianArmor
Member since Mar 2025
3099 posts
Posted on 1/3/26 at 5:53 pm to
quote:

Why hasn't Trump done it?


Because it ironically would help "Make America Great" -- and because to NOT do it is somehow 8D Chess to the True Believers.
Posted by EphesianArmor
Member since Mar 2025
3099 posts
Posted on 1/3/26 at 5:54 pm to
quote:

Simple answer is diplomacy.


Prioritied ahead of America First policies?
Posted by SallysHuman
Lady Palmetto Bug
Member since Jan 2025
15245 posts
Posted on 1/3/26 at 6:04 pm to
quote:

Prioritied ahead of America First policies?


America First and diplomacy… the balance therein- is above my pay grade.

I am starting to realize this thread isn’t a real question seeking an answer but more of blowing off steam. That’s fine, too.

Posted by EphesianArmor
Member since Mar 2025
3099 posts
Posted on 1/3/26 at 6:09 pm to
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 6:12 pm to
quote:

I am starting to realize this thread isn’t a real question seeking an answer but more of blowing off steam. That’s fine, too.


I'm not blowing off steam. I've been vocal here for years on this issue. I haven't gone ballistic on it yet because I had faith Trump would do something, he has stated it is an issue. Elon disagreed with him. That sucked. But Elon is out now, and I want answers. Why hasn't anything been done to address this? All I can figure is we told India to stop buying oil from Russia or we end H1B and India complied. So we have to wait for peace in Ukraine before we can fix H1B? That's fricked up.
Posted by dgnx6
Member since Feb 2006
86464 posts
Posted on 1/3/26 at 6:14 pm to
quote:

The H-1B program is established by statute in the Immigration and Nationality Act (INA), enacted and modifiable only by Congress. The executive branch, including the President, lacks authority to abolish statutory visa categories like H-1B (or similar ones such as EB-1A) without legislative action.
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 6:17 pm to
quote:

The H-1B program is established by statute in the Immigration and Nationality Act (INA), enacted and modifiable only by Congress. The executive branch, including the President, lacks authority to abolish statutory visa categories like H-1B (or similar ones such as EB-1A) without legislative action.


Congress sets a cap, not a minimum. I'm not asking for abolition of the program by the executive branch, I know that would take congressional action. But, he could just simply stop issuing new ones.
Posted by dgnx6
Member since Feb 2006
86464 posts
Posted on 1/3/26 at 6:19 pm to
quote:

Why hasn't anything been done to address this?


He increased the fee to $100k and even that’s being challenged in court.


This was never going to be vote Trump in and our problems are fixed the next day. The Dems were never going to just give up.
Posted by dgnx6
Member since Feb 2006
86464 posts
Posted on 1/3/26 at 6:20 pm to
quote:

Congress sets a cap, not a minimum. I'm not asking for abolition of the program by the executive branch, I know that would take congressional action. But, he could just simply stop issuing new ones.



I don’t know that he can just stop them on a whim. You saying so doesn’t make that true.


quote:

President Trump cannot unilaterally lower the H-1B visa cap, which is why the administration has used alternative executive measures like the $100,000 supplemental fee and changes to the lottery selection process instead.



This post was edited on 1/3/26 at 6:25 pm
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 6:20 pm to
quote:

He increased the fee to $100k and even that’s being challenged in court.


Source? He floated the idea, but never actually did it. Please educate me.
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
73539 posts
Posted on 1/3/26 at 6:23 pm to
quote:

He did under Covid.


But that was an emergency type situation.


They are still pimping Covid shots at the pharmacy. Until they stop pimping Covid shots, no more H1B new visas. We're still in an emergency, right?
Posted by dgnx6
Member since Feb 2006
86464 posts
Posted on 1/3/26 at 6:26 pm to
quote:

Source? He floated the idea, but never actually did it. Please educate me.


I’m trying to educate.

quote:

The annual H-1B cap is explicitly set by Congress in the Immigration and Nationality Act (INA § 214(g)): • 65,000 for the regular cap. • An additional 20,000 for beneficiaries with U.S. advanced degre



H1b approval goes through DHS and not the Secretary of State.

quote:

H-1B petition approvals are handled by the Department of Homeland Security (DHS), specifically U.S. Citizenship and Immigration Services (USCIS), not by the Secretary of State.



So he can’t do what you are asking.



This post was edited on 1/3/26 at 6:30 pm
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