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HomeTopicsBusiness/IndustryTo H-1B or Not to H-1B: That is the Question

To H-1B or Not to H-1B: That is the Question

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By Matthew Griffiths, 1-3-24

To H-1B or to not H-1B, that is the question.  Actually, there are many foreign worker visas (FWVs), and there is an ongoing debate as to what should be done about them.  On one hand, the America First crowd wants to deport all non-citizens, regardless of the reason they are in this country, on the other hand, many industries rely on the FWVs to meet their labor demands.  We as a nation now have to decide on what path we will take.

As a quick side note, this is the problem with party politics.  For party politics to be effective, there must be unity in the party with little to no division.  While this kind of party cohesion may be useful at election time, red team versus blue team, it can limit our leaders from finding the best possible solutions for the country as a whole. 

Normally, the best solution is somewhere in the middle, but this blurs the lines between conservative and liberal.  The solution to FWVs may lie in that grey area that politicians dread to venture into.

It is important to understand the advantages and disadvantages of the FWV programs.  This will look at the pros and cons of the FWVs broadly, and not all points will apply to every program because the various programs impact different parts of the economy.  

The first advantage is that these workers are often critical to the sectors that they serve.  Without them, there would likely be short and long-term issues that could cripple our economy.  The second advantage is these are often some of the most vetted immigrants due to the fact that the companies that are sponsoring them have some degree of liability for their actions.  Bringing in someone with a criminal history could negatively impact the sponsor if they continue their illegal actions.  Lastly, these individuals are coming to this country to fill a need.  Therefore, they will have little or no impact on publicly funded social services.

The first disadvantage is that they are taking jobs that Americans are qualified for but are not considered for due to cost.  An American worker would expect a fair market wage for their labor, whereas a foreign worker would accept a much lower wage.  While the cost savings may be good for the company, its stockholders, and its customers, it is not beneficial to the country as a whole.  It depresses wages and causes hardships, especially at the lower economic levels.  The second disadvantage is moral.  For many of these workers, they are in a situation one step up from slavery.  They are often unable to speak out about abuse or misconduct.  If the worker becomes too problematic, then employment is terminated, and they are deported, end of issue.

For an issue this complex, there are no easy fixes.  One thing that must be remembered at all times with this issue is that these workers are in the country legally.  This issue and its solutions must be kept separate from the issues surrounding illegal immigration.  However, like illegal immigration, this issue will likely require a re-writing of the current federal code.

The best solution would likely try to balance the needs of the various economic sectors against the needs of the American labor force.  A possible solution would be to require employers who wish to use foreign workers to meet certain requirements.  They must post all of the requirements needed for the job: all degrees, licenses, or necessary skills.  Any American who possesses those skills must be considered for the job.  Unless there is a legitimate reason that the individual is unfit for employment, then they must be hired before any foreign worker can fill the job.  They must be paid a fair market wage, not the foreign worker rate.  The position must be considered full-time, and all appropriate benefits must be offered.  Once the American pool is depleted, companies would be free to fill any vacant positions with foreign workers.

The biggest issue with this solution is how to prevent companies from refusing to hire American workers.  This would require cooperation between state labor boards and the federal immigration agencies.  This would be needed to bar companies that violate the new policies from being able to import new low-wage employees.  The secondary issue will be the increase in cost to consumers.  While this solution will help many American workers, it will cost the companies more in labor costs, and those costs will be passed on to the consumer.  No solution is without some pain.


Local resident Matthew Griffiths describes himself as “a bond servant of Christ.”


The views expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal Florida

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