Are Indian employees safe in America?

Are Indian Employees Safe in America?

After Donald Trump took the oath as the new President of the United States, significant developments have been taking place worldwide. On one hand, there are heavy tariffs on foreign goods, and on the other, there are growing fears related to American visas. In this context, the question arises whether Indian employees in America are at risk. The Trump administration is intensifying efforts to challenge illegal employment preferences for foreign workers, while at the same time arguing that such practices harm American job opportunities.

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Are Indian Employees Safe in America? Concerns Over American Visas

On February 19, 2025, the Equal Employment Opportunity Commission (EEOC) issued a warning to companies not to prioritize foreign workers over American candidates. Andrea Lucas stated that illegal bias against American workers is a widespread problem across various industries. Many companies have been supporting policies that favor illegal immigrants, migrant workers, visa holders, or other foreign nationals over Americans. This approach directly violates the federal employment law. Reducing such illegal discrimination would change company incentives, decrease the demand for illegal foreign workers, and also reduce the abuse of legal immigration laws in the United States.

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Wage Gaps

Lucas warned that the EEOC would take action against companies found violating these rules. The EEOC elaborated on some reasons why companies prefer hiring foreign workers. These reasons include lower costs due to wage gaps or illegal payments, the belief that foreign workers are easier to exploit due to lesser consideration for labor rights, and the notion that foreign workers tend to have stronger performance. Despite these concerns, the American Immigration Council dismissed claims that the H-1B visa program negatively impacts American workers. According to their research, H-1B employees earn higher salaries. In 2021, the average salary for an H-1B employee was $108,000, compared to $45,760 for other US employees.

Priority to Visa Holders

Adding fuel to this debate, there have been allegations that companies prefer visa holders over Americans in order to cut costs. Recently, a federal judge ruled that a case could proceed, intensifying the examination of the tech industry's reliance on foreign workers. Both the Trump and Joe Biden administrations had previously taken steps to tighten H-1B visa regulations.