'The tragedy is that the pro-H-1B faction is arguably correct.' Brandon Bell/Getty Images

Even before his return to the Oval Office, the coalition that allowed Trump to win the election is fracturing. It is still too early to tell just how serious the rift caused by the H-1B visa row really is. But what’s truly shocking is just how quickly and how dramatically the onset of serious internal conflicts within MAGA has been. Even the more cynical observer would have probably been inclined to give Trump until the 2026 midterms before the presidential honeymoon was over; now it seems in trouble a full month before the presidential term has even started.
At the heart of this growing rupture are the two figures who just a short while ago were feted as genius reformers by much of the MAGA Right: Vivek Ramaswamy and Elon Musk. Though Trump has always displayed an uncanny ability to walk away from controversy pretty much unscathed, the same cannot be said of Vivek and Elon. And while neither actually started this controversy, both have chosen to jump into the fray to become principal spokespeople for the pro-H-1B Silicon Valley set, thereby confirming the fears on the MAGA Right that Trump is about to “sell out” on immigration.
To say that this is a serious conflict is an understatement. In truth, the use — and abuse — of H-1B visas is about as hated by the Republican voting base as America’s tacit acceptance of illegal immigration as a way to dump working class wages. Musk and Ramaswamy are happy to regale us with stories about H-1B visas being crucial in order to draw in “the best and brightest” to America so that it can compete with China. But neither will publicly acknowledge the H-1B programme’s most important and beguiling feature for American employers.
Because the key feature of the H-1B visa is not that it offers American employers and companies such as Tesla and SpaceX a chance to attract the world’s best and brightest. In fact, that function is already being fulfilled by the O-1 visa, which specifically exists to do just this job. The O-1 offers individuals with “extraordinary ability in the sciences, arts, education, business, or athletics” a chance to work inside the United States; unlike the H-1B, the O-1 has no element of lottery to it, nor is it capped.
But the O-1 visa is meant for individuals; it can be used to bring over Nobel Prize winners and computer geniuses, and to secure one, you (or your employer) has to actually demonstrate that you possess some sort of extraordinary ability. H-1B, by contrast, offers access to a far larger number of far more ordinary workers. And these workers, once they arrive inside the United States, have almost zero bargaining power with their employer, because their visa is tied directly to their employment. An American programmer who is asked to work unpaid overtime cannot be deported from the country for saying “no”. A programmer brought over on a H-1B visa can; this makes him a far less demanding person to employ.
This is not a big secret. As far back as in 2015, the way in which the H-1B program was being used to essentially replace American workers with indentured foreigners was well known. To take just one example, tech workers employed by Disney came to work one morning to find that they were all going to be fired. Their last task was to train their replacements, brought over courtesy of the H-1B program. So much for “best and brightest” rhetoric. When Wernher von Braun or Albert Einstein came to America, they did so because they were the trainers, not the trainees.
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