Vice President JD Vance is taking a position on H-1B visas that closely echoes one long pushed by Elon Musk: the program should be used to bring highly skilled talent to the U.S., not as a way for companies to replace American workers with lower-paid foreign employees.
Vance discussed H-1B abuse, fraud in the visa system and the Trump administration’s efforts to tighten the program during an appearance on the All-In Podcast at the All-In Summit.
The discussion came after a host pointed to the administration’s decision to raise the cost of H-1B visas and noted that Vance had been “in sync” on the issue.
The host asked Vance for an update on efforts to address what he described as fraud within the H-1B system.
Vance said the administration had looked at the issue and concluded that Congress was unlikely to pass legislation changing the program, leaving the administration to pursue changes within its existing legal authority.
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“We looked at the fraud in the system and we said, you know, one, Congress is not going to pass a law changing this, there just isn’t the political will to do it. So what are the things that we can do administratively to ensure that if a tech company is going to try to get an H-1B visa, it it’s an actual genius.”
Vance answered: “We looked at the fraud in the system and we said, you know, one, Congress is not going to pass a law changing this, there just isn’t the political will to do it. So what are the things that we can do administratively to ensure that if a tech company is going to try to get an H-1B visa, it it’s an actual genius.”
Vance said the administration wants the program to prioritize workers who can make a significant contribution to the technology sector and the broader U.S. economy.
“It’s a person that is going to significantly enrich the tech ecosystem or the American economy. you know, 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 program exists for. And so, we came up with this idea to impose $100,000 fee. We’re also looking at various ways of preventing companies that use H-1B visas from laying off a bunch of American workers.”
The $100,000 H-1B fee has become one of the administration’s most significant immigration-related measures affecting employers that rely on the visa program.
Vance also raised concerns about companies seeking foreign workers while simultaneously carrying out large-scale layoffs of U.S. employees.
“Uh so, you know, one of the things that I find just shocking about this is 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. If you’re laying off American workers, you shouldn’t be going to the market searching for foreign workers to replace them. So, we’re doing a lot within the confines, of course, of what we’re allowed to do legally. We’ve gotten sued on some of this stuff, but I think fundamentally we’re on the right on both the law and the policy. The H1B should not exist to replace American workers with low-wage foreigners. It should exist to enrich the American economy.”
That final comment has drawn significant attention on X, where a post featuring a clip from the podcast described Vance as aligning with Musk on H-1B policy.
Musk, who has been a prominent advocate for changes to the H-1B system, has previously argued that the program should be structured to attract highly skilled workers while making it less attractive for companies seeking lower-cost labor. His position has included calls for higher minimum salaries and increased costs associated with hiring foreign workers.
Vance’s comments similarly focus on the distinction between using H-1B visas to recruit highly specialized talent and using them to fill jobs at lower wages.
The two positions are not identical in every detail, but they overlap on a central point: H-1B visas should be used to bring specialized talent into the U.S. economy rather than function as a mechanism for replacing American workers with cheaper foreign labor.
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For Indian professionals and technology workers who make up a large share of the H-1B workforce, the administration’s approach could have significant implications. Any changes affecting employer costs, wage requirements, layoffs or how companies demonstrate the need for H-1B workers could influence how employers use the program.
Vance’s remarks also reflect the administration’s broader focus on employer behavior rather than simply the number of H-1B visas issued.
His comments suggest that companies seeking H-1B workers could face greater scrutiny if they are simultaneously conducting substantial layoffs, particularly where the administration believes foreign hiring could be used as a substitute for American workers.
The administration’s efforts, however, are being pursued within legal limits and have already faced lawsuits, as Vance acknowledged during the podcast.
The comments offer a clearer picture of the administration’s stated goal for H-1B: fewer incentives for companies to use the program primarily for lower-cost labor and greater emphasis on attracting workers who can make what Vance described as a significant contribution to the American economy.