The Trump administration’s renewed focus on illegal hiring preferences for foreign workers, particularly within the H-1B visa program, has heightened concerns in the immigrant community. The Equal Employment Opportunity Commission (EEOC) is actively investigating hiring practices that may disadvantage American workers, aiming to uphold federal employment laws and prevent discrimination.On February 19, 2025, the EEOC issued a strong warning to businesses against prioritizing foreign workers over American job seekers. Andrea Lucas, the acting chair of the EEOC, emphasized the issue of national origin discrimination across various industries, stating that the commission is committed to protecting U.S. workers from unlawful hiring practices.
 

Lucas pointed out that some employers intentionally prefer foreign visa holders due to lower labor costs, perceived stronger work ethic, or ease of management. Such preferences, according to the EEOC, not only violate Title VII of the Civil Rights Act but also contribute to broader issues within the U.S. immigration system.The H-1B visa program has long been a subject of debate, allowing U.S. employers to recruit highly skilled foreign professionals, primarily in technology, engineering, and healthcare. Critics argue that the program displaces American workers, with allegations that companies intentionally favor foreign employees to reduce expenses and increase control over labor conditions.
 

Increased Scrutiny and Legal Actions

The EEOC's latest warning aligns with previous regulatory efforts to tighten oversight on the H-1B system. In recent years, both the Trump and Biden administrations have introduced measures aimed at increasing scrutiny of employers, raising wage thresholds, and ensuring compliance with labor laws.A lawsuit against Meta Platforms has further fueled the controversy, alleging that the company systematically preferred visa holders over qualified American candidates to cut costs. Such cases highlight growing concerns over employment discrimination in the tech sector and beyond.The impact of these changes is particularly significant for Indian professionals, who accounted for 72.3% of all H-1B visas issued between October 2022 and September 2023. Experts warn that stricter policies could redirect global talent to other countries, such as Canada and the UK, potentially weakening the United States’ position as a leader in innovation and economic growth.
 

Jidesh Kumar, managing partner at corporate law firm King Stubb & Kasiva, emphasized the importance of H-1B workers in addressing U.S. labor shortages. According to Kumar, many technology companies, research institutions, and healthcare providers depend on skilled foreign professionals for continued development and innovation. He cautioned that limiting the program could result in a talent drain, benefiting competing economies that actively attract skilled workers.Despite concerns about foreign labor preferences, organizations such as the American Immigration Council argue that H-1B workers do not negatively impact American employees. Citing research, the council highlighted that median salaries for H-1B employees in 2021 were $108,000—far above the national median wage of $45,760.
 

Future Implications for Employers and Workers

The EEOC’s aggressive stance signals increased accountability for employers who violate federal hiring laws. Businesses found engaging in unlawful discrimination may face fines, lawsuits, and reputational damage.For American job seekers, the latest developments may offer reassurance that hiring practices will be scrutinized more closely. However, for foreign professionals, especially those from India, heightened regulations could pose new challenges in securing employment opportunities in the U.S.As debates over immigration and employment policies continue, the balance between protecting American workers and maintaining the country’s ability to attract top global talent remains a key concern. The coming months are likely to see further policy changes and legal battles shaping the future of the H-1B visa program.