H-1B visas are a special type of visa that allow American companies to easily bring in skilled workers from other countries. They were introduced in 1990, but since 2004, they’ve been capped.

President Trump, who has historically been in favor of tighter immigration restrictions, has recently implied support for the program. Since then, there has been a fierce and unavoidable public debate about the issue.

But why is this seemingly small program so controversial, and what’s really at the heart of this issue?

The Basics

H-1B visas were designed to help American companies hire employees of exceptional skill in certain occupations from other countries. In order to qualify for this type of visa, an American employer must sponsor a specific employee and take care of the necessary paperwork. The employee must have specialized knowledge and skills, requiring at least a bachelor's degree, and must hypothetically qualify for a skilled position.

Since there is a cap on the number of H-1B visas that can be distributed annually, there is a lottery system in place to facilitate excess demand. If there are more applications than are allowed, applications are randomly selected to move forward. This visa is active for three years initially, but it can be extended in many cases. Typically, people with this type of visa ultimately intend to immigrate permanently.

Immigration Anxiety

Immigration is a complex topic, in part because there are so many different types of immigration and so many diverse effects caused by it. General immigration anxiety, paired with the recent immigration crisis, has heightened feelings about the H1-B visa program, especially now that president-elect Trump has spoken favorably about it.

In many areas of the U.S., immigration rates have increased in recent years. In some areas, immigration rates have exploded, with both legal and illegal migrants flooding over the border. While many people welcome all types of people, no matter how they cross, immigration restrictionists have legitimate concerns about the downstream effects of the policies that allow this. Even people in favor of high rates of immigration would prefer a streamlined, legal system, rather than allowing illegal immigration to unfold at unlimited rates.

In many cases, people are primarily concerned about the following, but they aren't quite as relevant when it comes to H-1B visas.

• Jobs and economics. Some people oppose immigration because they're concerned about migrants taking jobs and having a negative influence on the economy. Issues related to welfare consumption, crowding, and productivity are commonly discussed in these circles. However, as H-1B visa holders are highly skilled and sought after by American companies, it's unlikely that they're going to take American jobs, and it's likely that they'll be a net benefit for the American economy.
• Culture and assimilation. Other people oppose immigration primarily because of culture and assimilation issues; they're afraid that too many immigrants will water down our culture or compromise American values eventually. However, because these types of visas are capped, and because qualifications are so strict, it's unlikely that H-1B immigrants will have a significant influence on our culture more broadly.
• Crime, terrorism, and security. Some people have raised concerns about crime, terrorism, and national security, but there are a few issues with applying this concern to the H-1B visa issue. First, it’s simply not true that legal or illegal immigrants are a disproportionate source of crime. Second, highly-skilled workers here for a job are unlikely to commit acts of crime or terrorism.

Political Hypocrisy

Part of the controversy stems from the seeming hypocrisy of president-elect Trump and other political figures. This coalition has consistently spoken out about the immigration crisis, and now seems to be in favor of an open immigration program. However, as we've discussed, the H-1B visa program is unique in a number of ways, such that it's possible to be both opposed to high rates of illegal immigration and in favor of the program.

The Ambiguity of the Situation

And, of course, the ambiguity of this situation complicates matters.

• What happens next. Will the forthcoming presidential administration increase the visa cap, or even remove it? Will there be new, distinctive systems put into place to supplement it? We simply don't know due to how ambiguously politicians have discussed it.
• How H-1B visas work. It’s not hard to learn the basics about how H-1B visas work, but this is still unfamiliar territory for the majority of Americans. It sounds like a scary program if you don't know much about it and have general concerns about immigration.
• What the impact will be. Even our best economists aren't able to make concrete predictions about the long-term impact of this type of visa program. Plenty have speculated, but experts seem divided on many key issues. For every point, there is a counterpoint.

Regardless of how you feel about H-1B visas or immigration, it's not hard to see why this issue is controversial. It's hard to make firm assumptions about what could happen next until we get more information.

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