Explained | Trump 2.0: What's the conservative row over H-1B visas?

Richmond, Virginia: As newly inaugurated President Donald Trump readies his immigration crackdown, his allies in his Republican Party have splintered over policies surrounding US worker visas intended to go to specialty occupations like the tech industry.

The row over so-called H-1B visas is pitting Silicon Valley-aligned Trump allies like X CEO Elon Musk, who favor the program, against opponents like former White House strategist Steve Bannon, many of whom want curbs on overall immigration levels - legal and illegal - with Trump's return to office.

How have H-1Bs ended up in the fray? Here's what to know:

What are H-1Bs and how do they differ from other US work visa programs?

The H-1B visa program is reserved for people from other countries who are employed in specialty occupations in the United States, frequently in the technology field.

They can include software engineers, tech program managers and other IT professionals.

People in the United States on H-1Bs can extend beyond an initial six-year time frame - three years plus a three-year extension - if a green card application has been filed.

Under the terms of their visas, workers who are laid off face the prospect of having to leave the country within 60 days unless they can find another job or manage to change their immigration status.

Other work programs include H-2A visas, which are for temporary agricultural workers, and H-2B visas for seasonal non-agricultural workers.

Tahmina Watson, an immigration lawyer based in Seattle, Washington, suggested a new category for a "startup" visa for people who want to come to the country to start new companies.

"The startup visa is something I have advocated for almost two decades," she said. "I do think our visa system is in desperate need of reform."

What are Trump allies saying about H-1Bs?

Musk has defended the program and vowed to "go to war" over it after other Trump supporters criticized the president's appointment of Indian-American entrepreneur Sriram Krishnan as a senior policy advisor for artificial intelligence and argued the H-1B program favors foreign-born workers over Americans.

Musk has had Trump's ear since the election and is working on the newly constituted Department of Government Efficiency to cut down on spending and perceived waste.

On the other side are people like Bannon, one of the architects of Trump's 2016 campaign, who has dismissed the H-1B program as a "scam."

"We're winning this round, and we're winning this round pretty big," Bannon said at a Politico event this month, referring to the H-1B fight. "I think we'll get Elon there. As soon as I can turn Elon Musk from a techno-futilist to a populist nationalist, we'll start making real progress."

Watson said an important takeaway from the national debate is to recognize there is a shortage of talent in the STEM - science, technology, engineering and math – fields that the country needs.

"Recognize and acknowledge that we do not have enough domestic talent that we need, and address both at the same time by allowing skilled immigrants to come in now but also using that policy to mandate that America starts training the next generation," she said.

What are Trump's views?

After the initial skirmish, Trump said he favors the program.

"I have many H-1B visas on my properties. I've been a believer in H-1B. I have used it many times. It's a great program," he told the New York Post.

Ahead of the inauguration, Trump's team did not respond to questions about whether he supports the program or plans to push for changes to H-1Bs or other work visa programs.

He sought to restrict them during his first term in office from 2017 to 2021.

Who could be affected by policy changes?

People from India accounted for the vast majority of approved H-1B beneficiaries in 2023, followed by China.

Under the current system, those affected by layoffs in the tech sector can find themselves scrambling to maintain their legal status.

Meta, for example, which has about 72,000 employees, said recently it planned to cut about 5 per cent of its staff.

Watson said people or businesses who depend on H-1Bs might be well-served to tune out the political back-and-forth.

"Do not be deterred by the national rhetoric from using the H-1B if your business needs it," she said. "I say to a lot of my clients that your business success is your North Star, so do what you need to do.

"For the employees who might be afraid, I'd say if they are working in alignment with their employers, they should not be afraid."