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Home»Spreely Media

Heritage Demands H1B Overhaul To Protect American Workers

David GregoireBy David GregoireNovember 25, 2025 Spreely Media No Comments5 Mins Read
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The Heritage Foundation has released a blunt set of recommendations to overhaul the H-1B visa program, urging Congress and the administration to tighten rules, stop abuses and prioritize American workers and students, while President Trump publicly defends using skilled foreign labor to rebuild U.S. industries like chipmaking. This piece walks through the think tank’s key demands for DHS, DOL and DOJ, the push to replace the lottery with a wage-based system, and the president’s arguments about chips and American manufacturing returning home.

The Heritage report argues it is time for Congress to act to fix a broken visa pipeline that too often sidelines American students and workers. Simon Hankinson, a senior research fellow at the Heritage Foundation, lays out major structural changes intended to halt recurring abuses and restore the program’s original purpose. “Rather than this regulatory back and forth swing between administrations, it’s past time for Congress to end not only the numerous types of H-1B abuses, but also the administrative state creations that developed the student-to-H-1B-green-card pipeline that adversely affects American students and employees,” Hankinson writes in the report.

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The recommendations are straightforward and conservative: stop special exemptions that let research institutions and nonprofits bypass rules, replace the H-1B lottery with a merit-based wage ranking, and clarify that H-4 visa holders do not automatically have work authorization. Heritage wants the program trimmed back to its core mission while being updated for today’s labor market realities. Those proposals are meant to ensure employers hire Americans first unless a genuine, documented shortage exists.

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On enforcement, Heritage wants DHS to limit how many H-1B petitions a single company can file each year and to permanently ban any entity that knowingly breaks immigration law from participating. That’s a direct counter to the mass-filing and outsourcing games that have hollowed out good American jobs. The goal is to place real consequences on bad actors so the program rewards legitimate employers who actually invest in U.S. workers.

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The report calls on the Department of Labor to “publish clear, searchable monthly statistics on H-1B petitions, company layoffs, complaints and investigations.” It asks the Department of Justice to “investigate all credible allegations of fraud and abuse of the H-1B program and harm to U.S. workers in violation of the law and publish all prosecutions.” These are transparency and enforcement measures meant to put data and teeth behind the policy.

Heritage also argues for a policy reset: “To prioritize American students and workers first, the program should be scaled back to its original intent and scope but revised to account for increased salaries, a changed job market, and AI labor disruption,” the report says. That recognizes automation and AI are changing demand while insisting we should not use H-1B as a shortcut to replace domestic hiring and training.

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Heritage presses for interagency coordination: “In cooperation with the DOL and the State Department, [the United States Citizenship and Immigration Services] should crack down on abuse of other visa categories that feed into the H-1B system, such as student and visitor visas. The DOJ should investigate and punish fraud throughout the H-1B pipeline to create a credible deterrent to malfeasance and restore integrity to the U.S. immigration system,” it continues. That’s a plan to choke off routes that turn short-term visas into long-term labor-sourcing tools for foreign employers.

President Trump has defended a more pragmatic approach on H-1B, arguing skilled foreign workers are needed now as America rebuilds critical industries. “For instance, if you’re going to be making chips — we don’t make chips too much here anymore, but we are going to be in a period of a year, we’re going to have a big portion of the chip market. But we have to train our people how to make chips, because we didn’t get — we used to do it, and then foolishly, we lost that business to Taiwan, very, very foolishly, because if they had a president that thought like I did, they would not have let that happen,” Trump said. “But it’s all coming back. I think we’re going to have a, within a few years we’re going, and not because of the Chips Act.”

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The president was blunt about the Chips Act and manufacturing policy: “The Chips Act was a disaster for America and gave billions of dollars away to other countries.” He added, “Chip makers are all coming back, and I think within a very short period of time, we’re going to have maybe even the majority of the chip making in the world will be right in the United States, where it should have been all along.”

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