US congressman attacks H-1B visas as DHS weighs tougher extension reviews

A US congressman has publicly attacked the H-1B work visa and Optional Practical Training (OPT) programmes, claiming they replace American graduates with cheaper foreign workers. His comments come as the US Department of Homeland Security (DHS) separately proposes a change that could make extending H-1B and L-1 work visas harder.

Key facts

• US Congressman Riley Moore posted his criticism on X on 16 October 2026 and repeated it in an interview on The Scott Jennings Show.
• Moore said about 650,000 Americans graduated with computer science-related degrees last year, while more than 500,000 H-1B visas were issued.
• DHS has proposed removing a rule requiring US Citizenship and Immigration Services (USCIS) to defer to earlier approvals of H-1B and L-1 extensions.
• Indian nationals made up roughly 70 per cent of H-1B beneficiaries in fiscal year 2025, according to USCIS data.
• The annual cap for new H-1B visas is 85,000: 65,000 in the regular quota plus 20,000 for graduates with advanced degrees from US universities.

What did the congressman say?

Moore described the H-1B and OPT programmes as "SCAMS that undercut and replace American workers with cheap foreign labor." He argued that the H-1B programme was promoted as a way to bring in highly skilled professionals for roles US employers could not fill domestically, but is instead being used to hire cheaper labour.

He also claimed that the typical H-1B visa holder brings 10 family members to the United States, linking the programme to what he called chain migration. His remarks add to continuing US debate over employment-based immigration and the technology sector.

What is DHS proposing on visa extensions?

DHS has put forward a regulatory change affecting how applications to extend temporary work visas, including H-1B and L-1 visas, are assessed. The proposal would remove a provision under 8 CFR 214.1(c)(5) that requires USCIS to give deference to an earlier approval when an extension petition involves the same parties and the same underlying facts.

Under the current policy, immigration officers generally defer to a previous eligibility decision when reviewing a petition with the same circumstances. Removing that requirement could allow officers to reassess eligibility even where a similar application was previously approved. The change has not yet been implemented, and DHS is seeking public feedback on the proposed rulemaking package.

Who is most affected?

Indian professionals account for the majority of H-1B beneficiaries — roughly 70 per cent in fiscal year 2025, according to USCIS data. For many Indian technology workers, the H-1B is an entry point into a longer career in the United States, covering specialised occupations in technology, engineering and other fields requiring specialised knowledge.

The annual cap for new H-1B visas stands at 85,000, split between 65,000 regular visas and 20,000 for foreign graduates with advanced degrees from US universities. Certain employers and categories of workers are exempt from the cap.

What this means for travellers

Nothing has changed yet for people applying for or holding H-1B or L-1 visas. The DHS proposal is at the feedback stage, and no implementation date has been announced. Anyone planning an H-1B or L-1 extension should note that officers could, if the rule is adopted, reassess eligibility rather than rely on an earlier approval.

DHS is currently collecting public comments on the proposed rulemaking package. No decision date has been announced.