United States visa officers are increasingly challenging H-1B applicants, particularly those from India, with a direct question designed to test the necessity of foreign labor: "Why can't an American do this instead of you?" This heightened scrutiny marks a deliberate return to the "Buy American, Hire American" policy that defined the previous Trump administration, according to immigration attorneys.
The trend is most acutely felt by professionals in the technology, IT contracting, and consulting sectors, where Indian nationals represent a significant majority of H-1B visa holders. In fiscal year 2024, 71% of the 399,395 approved H-1B petitions went to India-born beneficiaries.
Intensified Interview Questions
James Hollis, a business immigration attorney at McEntee Law Group, notes an undeniable shift in visa interviews. "There are questions that I see coming up more and more as I debrief clients about visa refusals," Hollis stated, linking them directly to the "Buy American and Hire American" executive order.
While most H-1B applicants are well-prepared to discuss their qualifications and technical expertise, few anticipate having to justify why their specific role cannot be filled by a U.S. worker. This question is now proving decisive in many cases.
Preparing for Scrutiny
Hollis advises attorneys to thoroughly prepare clients. "Prep their clients to explain what is so special about their work before the interview so that they are ready to defend themselves if this question comes up," he recommended. Applicants should be ready to articulate unique knowledge, experience, and connections that a U.S. worker might not possess.
The pressure is not uniform. Hollis highlighted that adjudication standards appear to be tightening specifically for Indian and Chinese nationals, particularly concerning L-1B and H-1B visas for IT contracting and large consulting companies.
The "Skills Gap" Debate
The core of these interview questions reflects a longstanding debate surrounding the H-1B program. Critics, often aligned with certain political viewpoints, argue that some employers misuse the visa system to secure cheaper foreign labor at the expense of qualified American workers.
Conversely, supporters of the H-1B program point to persistent skills shortages in high-demand technical fields. Kishore Khandavalli, a Dallas-based software entrepreneur who began his own U.S. career on an H-1B visa, emphasized this perspective to CBS News. His software consulting company employs 380 people, nearly half of whom are H-1B visa holders.
"There's a skills gap between the people that are available in the market, the 3%, and the skills that the market is needing," Khandavalli explained, "Especially with the upcoming technologies."
Statistical Overview of H-1B Program
Data from U.S. Citizenship and Immigration Services (USCIS) for fiscal year 2024 underscores the program's scope:
- Total H-1B petitions approved: 399,395
- Approvals for India-born beneficiaries: 283,397 (71% of total)
- Computer-related occupations: Accounted for 64% of all approvals (approximately 255,000 workers)
- Median compensation for H-1B workers: $120,000 (FY2024)
- Median compensation for computer-related roles: Approximately $135,000
Research indicates a link between higher H-1B admissions and increased innovation and patenting, with limited evidence suggesting widespread displacement of native-born workers. Nonetheless, the renewed focus on domestic hiring signals a more challenging environment for prospective H-1B visa holders.