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What’s an H-1B visa? A brief history of the controversial program for skilled foreign workers

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theconversation.com – Gabrielle Clark, Assistant Professor of Political Science and Public Law, California State University, Los Angeles – 2025-01-14 07:47:00

U.S. President-elect Donald Trump, Tesla and SpaceX CEO Elon Musk and Donald Trump Jr. watch an Ultimate Fighting Championship bout.
Kena Betancur/AFP via Getty Images

Gabrielle Clark, California State University, Los Angeles

Republicans are feuding over how many people can obtain H-1B visas, permits that allow foreign professionals to legally work in the United States. Today an estimated 600,000 foreigners with H-1B visas have tech, academic, medical and other jobs.

Two of President-elect Donald Trump’s most influential – yet informal – advisers, Elon Musk and Vivek Ramaswamy, want to expand the program to help Silicon Valley’s tech companies recruit what they call “excellent engineering talent.” Other conservatives with strong Trump ties, such as Steve Bannon and Laura Loomer, see this immigration program as a “scam” and a cheap labor program as pernicious as “illegal immigration.”

Although Trump, who previously criticized the program, has sided with Musk and Ramaswamy so far, based on my research I doubt the conflict between the sparring GOP camps will go away anytime soon.

I am a public law scholar who studies the history of foreign workers in America. In the book I’m now writing, I describe the long-standing conflict between employers and workers over granting foreigners permission to work in the U.S. That struggle has yielded both compromises and new layers of bureaucracy for more than 100 years.

Women in a black and white photo from a long time ago, sit on the deck of a ship.
Women travel to the U.S. to immigrate there around 1893.
Buyenlarge/Getty Images

Swinging the gates shut − then open a crack

The fight over the employment of foreign labor began in the late 19th century when Congress passed several laws to stop labor migration in response to pressure from American workers.

These restrictions further hardened with the passage of the Johnson-Reed Act of 1924. That law tightly curtailed immigration on the basis of national origins quotas. Employers in need of foreign labor began to ask the Bureau of Immigration, an agency that eventually became the U.S. Citizenship and Immigration Services, for exceptions to the new restrictions.

Employers also lobbied for foreign temporary workers as a legal loophole.

The biggest early example of their success was the Bracero program. From 1942 to 1964, about 4 million Mexican men got jobs as farmworkers in California and other Western states. They were given the right to legally stay in the country on short-term, renewable contracts.

Since then, farmers, labor unions and civil rights groups have been fighting over the rules protecting American labor under the H-2 visa, which Congress established on behalf of farmers and other employers in 1952 – generally replacing the Bracero program.

Farmworkers line up for lunch in a field in an old black and white photo.
Farmworkers from Mexico participating in the Bracero program have lunch in a road alongside fields in 1963.
Bettmann/Getty Images

Although the government now issues most H-1Bs to temporary migrants with tech jobs, the visa’s origins date back to the days before computers.

The Bureau of Immigration, the government agency responsible for issuing permits at the time, often approved employer requests after the Johnson-Reed Act’s passage. But organized labor tended to object.

In 1932, for example, the American Federation of Musicians persuaded Congress to impose limits on these ad hoc permits under the Musicians Immigration Clarification Act. Only artists of “distinguished merit and ability” – like the famous Austrian violin virtuoso Fritz Kreisler – received visas reserved for accomplished and creative foreigners.

In the 1930s, Ford Motor Co. also asked for authorization to hire engineers from abroad. The Boston Symphony Orchestra wanted to hire foreign musicians. Hollywood sought exemptions so it could scout abroad for actors such as Charlie Chaplin, Marlene Dietrich and Greta Garbo.

A glamorous woman reclines on the floor in a dancer's costume in an old black and white photo.
The Swedish actress Greta Garbo, who required a special exemption to work in the U.S., poses for a publicity still for the MGM film ‘Grand Hotel’ in 1932 in Los Angeles.
Donaldson Collection/Michael Ochs Archives via Getty Images

Standards for foreign professionsals

In 1952, Congress borrowed the “distinguished merit and ability” standard to restrict the new H-1 visa to professionals with global reputations in sports, the arts and the sciences. Lawmakers also ensured that each permit would be valid only for a single year.

The one-year limit and “distinguished merit and ability” standard kept the number of foreign workers with H-1 visas low until 1969.

The numbers shot up after employer groups, such as the U.S. Chamber of Commerce and the National Foreign Trade Council, lobbied Congress and the agency by then known as the Immigration and Naturalization Service to loosen the rules.

Extending their stay

The federal government obliged by extending the visa limit to three years and loosening H-1 requirements in the early 1970s. A bachelor’s degree would from then on suffice as evidence of “distinguished merit.” But by 1989, employer groups decided that they wanted even more flexibility in the law.

Congress accommodated them by creating the “specialty occupation” requirement, which does not require a bachelor’s degree, leading to the advent of the H-1B visa. About one-third of the people whose H-1B applications were approved in 2023 didn’t have a bachelor’s or higher degree.

Lawmakers also further loosened the rules by allowing H-1B workers to extend their visas to six years or more and to apply for permanent residency while in temporary status.

The AFL-CIO, an umbrella group that most U.S. unions belong to, sought to make it harder to obtain the new visa to limit its potential harm to U.S. workers. It wanted the government to adopt a mandate that employers first attempt to recruit Americans. The AFL-CIO also lobbied for new wage requirements subject to Department of Labor enforcement.

Business groups objected to what they saw as excessive red tape and costly paperwork, calling for “more flexibility and less restrictions.”

The government reached a compromise between organized labor and employers in 1990. Congress dropped the AFL-CIO’s request that employers recruit Americans before H-1Bs, but it set a yearly cap on the number of visas issued – initially 65,000 – and a minimum wage for workers with this kind of visa.

More tensions with Big Tech

After 2000, Congress continued to fine-tune this equilibrium between the demands made by U.S. workers and their employers. Business got higher caps, while universities and nonprofits received a permanent exemption from them. Organized labor pushed for and won new protections enforceable by the Department of Labor.

To many unions and other groups representing workers, however, this was not enough.

As the number of people with H-1B visas employed at one time climbed to nearly 600,000 in 2009, unions’ objections reached a fever pitch.

Immigration reform efforts of all kinds had stalled in Congress. This meant proposed H-1B reforms, such as the mandate that employers recruit Americans first, went nowhere.

The fight, which now pitted Big Tech against the old left and the increasingly loud anti-immigrant right, moved to the White House. The Obama and Trump administrations imposed new limits on foreign labor contractors. Industry groups sued in federal courts, with some success, to block those restrictions.

Man works on a laptop in a sparsely furnished living room.
Karan Murgai, an IT management consultant for a multinational company based in Dallas, works on his laptop in New Delhi, India, in 2020. He got stranded in his native country after President Donald Trump signed an executive order suspending applications for H-1B and other high-skilled work visas for foreign workers.
AP Photo/Manish Swarup

For example, the U.S. District Court for the District of Columbia vacated a Trump administration policy that required each employer petition to include every work contract an H-1B worker would have over a three-year period. The idea behind the policy had been to make it virtually impossible for foreign labor contractors to obtain H-1B visas. Trade associations representing information technology services companies prevailed in this case.

President Joe Biden announced new guidelines in December 2024 that mostly maintained the status quo.

I suspect that Congress will revisit the H-1B visa again. When it does, if history is any guide, lawmakers will set higher caps on the number of visas available, pegged to more stringent regulations.The Conversation

Gabrielle Clark, Assistant Professor of Political Science and Public Law, California State University, Los Angeles

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Rents rise faster after disasters, but a federal program can help restrain excesses

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theconversation.com – Anthony W. Orlando, Assistant Professor of Finance, Real Estate and Law, California State Polytechnic University, Pomona – 2025-01-14 13:02:00

Two people embrace on Jan. 9, 2025, in Altadena, Calif., amid property destroyed by the Eaton Fire.
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Anthony W. Orlando, California State Polytechnic University, Pomona

The wildfires raging across Los Angeles are setting the scene for a real estate nightmare.

Thousands of homes and other structures are destroyed and hundreds of thousands of residents have been evacuated at various times. Many will not return for months, if ever. Homeless in an instant, they are now flooding the housing market, desperately seeking shelter.

The Los Angeles housing market is poorly equipped for this crisis. It is already one of the nation’s most expensive markets to buy or rent a place to live, largely due to a significant and growing shortage of affordable housing. That shortage will become only more dire with the destruction of so many fire-ravaged buildings.

For the past two years, I have been studying the effects of natural disasters like this one on rental housing markets. As a professor of real estate, I have analyzed the question from a distance, sifting through data.

This time, however, as a resident of Pasadena, I have seen the carnage up close. I watched the Eaton Fire spread across the mountains from my back porch. I helped friends evacuate before their neighborhood was consumed in flames. Now, they’re sitting at my dining table as they process what they’ve lost and search for a new place to live.

Unfortunately, from my research, I have no doubts about what comes next.

Why disasters drive up rents

Scarcity is the enemy of affordability. This is one of the central tenets of economics. When too many people chase too few goods, prices rise.

So, you might expect that a natural disaster, which destroys housing and inundates the remaining units with new renters, would drive up rents, at least in the short run.

That is exactly what my research has found – but it’s not just the short run.

Two years ago, I worked with a team of researchers to prepare a report for the Brookings Institution, where we compiled a database of natural disasters across a variety of major markets throughout the country from 2000 to 2020. We measured the change in rents in places such as Atlanta, Detroit, Miami and San Francisco that landlords were asking for apartments in disaster-impacted neighborhoods. We then compared those cities with similar neighborhoods that weren’t impacted by the disasters.

We found that natural disasters increased rents during those two decades by 4% to 6%. That means rents were at least 4% higher than they would have been in the absence of the disaster.

These rent hikes were especially clear and pernicious after wildfires in California.

These weren’t just short-term effects. It took 18 months for the full effects to be felt in the market, and they never fully went away. Even four years after the disaster, renters were still paying 2% to 3% more than they would have been without the disaster.

In short, we found that disasters permanently change rental housing markets. They eliminate older, affordable housing, allowing developers to build newer, higher-end and even luxury housing in its place. Those changes drive up insurance costs, and the disasters motivate cities to adopt stricter building codes that in turn add to construction costs for the sake of weathering future disasters better.

How much rents increase, however, depends on how communities and the authorities respond to the disaster.

A burnt-out area following a big fire.
Burned homes are seen from above near the Los Angeles neighborhood of Pacific Palisades on Jan. 9, 2025, after massive fires engulfed whole neighborhoods and displaced thousands of people.
Josh Edelson AFP via Getty Images

Federal aid can slow the growth of rents

We found that rents did not grow as fast when the government stepped in to help.

Specifically, we investigated markets where Congress had used the Community Development Block Grant Disaster Recovery – CDBG-DR – program, providing grants through the Department of Housing and Urban Development. This federal funding typically comes with strings attached and “rental requirements” often mandating that a significant portion of the money be used to build affordable housing.

At least one of these disaster relief grants was issued every year from 2003 to 2020. In some years, Congress allocated as many as 27 different grants across the country to different disaster-impacted areas.

In these markets, we found that rents still rose after disasters – but at a significantly slower pace than in the markets where Congress didn’t send these disaster relief funds.

We dug deeper into several case studies in 2024 to understand why the CDBG-DR program is associated with lower rent hikes over the long run. In this new study, we found that housing markets that benefited from these disaster relief grants were able to build more rental units, easing the housing shortage. They improved affordability by tackling the scarcity problem directly.

Rental units were the key to solving the rent crisis. These cities, where affordability was better post-disaster, didn’t build more single-family homes than the other cities. They built more apartment units.

In these markets, these disaster relief grants saved the average renter between $780 and $1,080 in annual housing costs in 2023.

We believe that this finding shows why it is important not only to rebuild the houses destroyed in disasters like the Los Angeles fires but also to create new rental opportunities in all kinds of housing.

Hope in the aftermath

Here in Los Angeles, the clock is already ticking.

News reports are mounting of landlords raising rents to eye-popping levels.

Fortunately, there are government policies and programs that can help Angelenos find shelter today and that may help the Los Angeles housing market not get even less affordable tomorrow.The Conversation

Anthony W. Orlando, Assistant Professor of Finance, Real Estate and Law, California State Polytechnic University, Pomona

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How the CIA director helps the US navigate a world of spies, threats and geopolitical turbulence

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theconversation.com – Matthew Clary, Senior Lecturer in Political Science, Auburn University – 2025-01-14 12:44:00

The CIA is the U.S.’s premiere spy agency.
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Matthew Clary, Auburn University

Today, the United States is navigating an increasingly unsettled world. The positions advising the president on national security are as important as ever. One such position, the director of the Central Intelligence Agency, is key to providing the president and Cabinet with timely intelligence and analysis.

So, what is the job of director of the CIA? What role does the director play in U.S. national security? How has the position changed over time?

The CIA’s role in national security

The CIA director leads the government agency responsible for conducting espionage and covert action. The CIA director is a Cabinet level position but reports to the director of national intelligence.

The CIA was established by the National Security Act of 1947 as America’s premiere civilian-led foreign intelligence agency. The agency carries out espionage and covert action exclusively outside the U.S.

The CIA is organized into five directorates – analysis, operations, science and technology, digital innovation, and support – and 11 regional and topical mission centers. The number of CIA employees is classified.

Espionage activities include the use of spies tasked with collecting useful information from influential people in countries around the world. This information, referred to as human intelligence, often provides depth and context about threats posed to the U.S.

In addition to collecting intelligence, the CIA analyzes and interprets it. The agency employees thousands of expert analysts who assess the information’s implications for U.S. national security. It is this in-depth analysis that is often presented to the president and Cabinet to inform their decision-making.

Covert action is an activity intended to influence political, economic or military conditions abroad without the role of the U.S. being apparent. Such actions include programs such as disinformation campaigns, counterterrorism operations and military raids such as the one used to kill 9/11 attack organizer Osama bin Laden.

a group of people stand in front of a wall with a three-story concrete building in the background
The CIA tracked 9/11 attack mastermind Osama bin Laden to this house in Pakistan, where U.S. special operations forces killed him.
AP Photo/B.K. Bangash

During the Cold War, from 1947 to 1991, the agency conducted numerous controversial covert actions. These included conducting coups in Iran and Guatemala and attempted or successful political assassinations in Congo, the Dominican Republic, Chile and Cuba. It also carried out highly effective programs such as the U-2 spy plane and Operation Argo, which rescued six Americans stranded in Iran after the 1979 revolution.

Effective espionage and covert action are likely to prove crucial for blunting threats that nations such as China, Russia, Iran and North Korea pose to the U.S. They will be key to monitoring the activities of these nations and enabling the director to deliver timely and valuable analysis to the president.

CIA director’s changed role

During the Cold War, the director of central intelligence had autonomy to conduct these covert actions with limited oversight. The position was extremely powerful at the time because the director was in charge of overseeing all U.S. intelligence activities, not just those of the CIA. This left the director of the CIA as the primary voice on intelligence matters to the president.

Since significant reform of the U.S. intelligence community in 2005 in response to the failure to prevent the 9/11 attacks, the role of the CIA director has changed. The most significant of these changes is that the CIA director no longer manages all U.S. intelligence. The reforms gave that responsibility to the more independent director of national intelligence.

The reform also saw the CIA director’s influence diminished because the position is no longer the primary intelligence adviser to the president. This has created tension between the two positions at times, with the CIA maintaining a high degree of independence from even the director of national intelligence.

In 2017, for example, President Donald Trump restored the CIA director as a formal member of the president’s Cabinet. Later, the CIA director was made a regular attendee of the National Security Council, the president’s principal forum for national security deliberations.

While there is more oversight of the CIA today from Congress and the director of national intelligence, the agency remains relatively independent in conducting espionage and covert action. These include covert actions during the Syrian civil war and during Russia’s invasion of Ukraine.

black and white photo of armed men around a boat on a beach
These Cuban soldiers helped defeat the CIA-organized Bay of Pigs invasion in Cuba in 1961.
Keystone/Getty Images

Another change has been the increased size of the intelligence community. The CIA today is only part of a much larger group of intelligence agencies. These include the Federal Bureau of Investigation, the Defense Intelligence Agency, the National Security Agency and more specialized agencies like the National Geospatial-Intelligence Agency.

In spite of this more capable and larger intelligence community, the CIA remains the premiere U.S. intelligence agency. This ensures that the CIA director will remain a key player in any presidential administration. The director possesses an immense responsibility to protect the U.S. from foreign threats.

Although the CIA director’s role has changed over time, what remains clear is its central importance to the success of U.S. national security efforts. This has become only more apparent given the increasing turbulence in world affairs.

This story is part of a series of profiles of Cabinet and high-level administration positions.The Conversation

Matthew Clary, Senior Lecturer in Political Science, Auburn University

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Terrorist groups respond to verbal attacks and slights by governments with more violence against civilians

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theconversation.com – Brandon J. Kinne, Professor of Political Science, University of California, Davis – 2025-01-14 07:48:00

Yazidi women in Iraq mourn the victims of Islamic State group attacks.
Ismael Adnan/SOPA Images/LightRocket via Getty Images

Brandon J. Kinne, University of California, Davis; Iliyan Iliev, The University of Southern Mississippi, and Nahrain Bet Younadam, University of Arizona

After an Islamic State group-inspired attack in New Orleans killed 14 people on New Year’s Day 2025, President Joe Biden warned that terrorists would find “no safe harbor” in the U.S.

Governments often condemn terrorist groups in this way, as well as making threats and engaging in what we call “verbal attacks.”

But such an approach may be counterproductive; extremist groups tend to respond to such comments by ratcheting up violence against civilians. That’s what we found when we analyzed six years of data on incidents of terrorist violence and their proximity to government denunciations.

Our study focused primarily on the Islamic State group.

The extremist organization came to the world’s attention in early 2014, when it began seizing territory in Iraq and Syria. At the height of its power in 2015, the Islamic State group controlled over 100,000 square kilometers (39,000 square miles).

Although it has declined substantially since then, the group remains the world’s deadliest terror organization – responsible for nearly 2,000 deaths in 2023.

The rapid metastasis of the Islamic State group – it has affiliates across the Middle East, North Africa and South Asia – combined with the extreme brutality of its tactics, triggered waves of condemnations by foreign governments. Former U.S. president Barack Obama initially referred to the Islamic State group as the “JV team” in 2014, implying that the group was not as formidable an opponent as more established groups like al-Qaida. A year later, he vowed to “destroy” the group.

Our motivating research question is whether these and similar statements affect terrorists’ behavior.

Traditionally, researchers have dismissed statements like this as “cheap talk.” And government officials similarly do not take seriously the possibility that such statements might have unintended consequences or inflict actual costs.

But when extremist groups commit terror attacks, they always have an audience in mind. And the Islamic State group closely monitors how governments respond to its actions.

Terrorist groups use attacks on civilians to illustrate the extreme measures they are willing to take to achieve their goals. Our research suggests that when governments denounce terrorists, reject their demands or make retaliatory threats, targeted groups infer that they are not being taken seriously. As a result, they commit further atrocities against civilians, with the intent of signaling their intentions and capabilities even more forcefully.

To confirm this, we used a large-scale machine-coded dataset known as the Integrated Crisis Early Warning System to extract daily data on all events involving the Islamic State group for the period 2014 to 2020. We then employed a coding system known as CAMEO to identify events where governments threatened, denounced or otherwise verbally attacked the group.

We found that when governments initiated any form of verbal attack against the organization, the Islamic State group responded by targeting civilians, typically within two days of a verbal attack.


Iliyan Iliev, Nahrain Bet Younadam, Brandon J Kinne, CC BY-SA

Our model showed that every three verbal attacks by governments led to an additional, otherwise unexpected attack by the Islamic State group on civilians. These attacks averaged over six deaths per attack, so the humanitarian consequences of this effect are substantial.

Why it matters

Government leaders face enormous pressures to address national security threats, and terrorism is a powerful source of anxiety for citizens.

Yet, counterterrorism is expensive, risky and logistically difficult.

As such, publicly threatening or denouncing an organization offers a tempting alternative strategy. But there has been little research into how government leaders’ words might backfire, encouraging extremists to attack civilians.

At the same time, although the Islamic State group has diminished greatly in capacity, transnational terrorism continues to flourish. And the resurgence of the Islamic State group remains a threat to security in the Middle East and beyond.

What still isn’t known

We extended the analysis to the terrorist groups Boko Haram in Nigeria and Al-Qaida in Iraq, and we found similar results. But further research is needed to determine whether this pattern holds for terrorist groups in general.

Our theory argues that extremists respond so strongly to verbal attacks because they view those remarks as questioning the group’s credibility – a phenomenon we refer to as a “credibility deficit.”

But terrorists have many motivations, including the desire to control territory and repress dissent. We don’t yet know the magnitude of these influences relative to credibility.

The Research Brief is a short take on interesting academic work.The Conversation

Brandon J. Kinne, Professor of Political Science, University of California, Davis; Iliyan Iliev, Associate Professor of Political Science, The University of Southern Mississippi, and Nahrain Bet Younadam, Postdoctoral Research Associate in the School of Government and Public Policy, University of Arizona

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