The fate of the H-1B program – which offers U.S. employers a way to temporarily hire foreign workers in specialty occupations – has divided influential Republicans. Tech leaders like Elon Musk strongly support the program, while other Republicans question its impact on American workers. President Donald Trump imposed restrictions on the program in his first term, but his current policy agenda on H-1Bs remains under discussion.
Meanwhile, bipartisan calls for H-1B reforms advocate for more oversight to protect American workers while addressing skill shortages.
The number of H-1B applications approved in recent years has climbed. Nearly 400,000 were approved in fiscal year 2024, most of which were applications to renew employment. Rejection rates of H-1B applications spiked during Trump’s first term but fell under former President Joe Biden.
Here are some key facts about the H-1B program and its workers. These findings come from government data, some of which we received through a public records request.
New applications are for workers who are applying to work for a given employer and do not already have H-1B approval. These include applications from employers that are subject to the annual cap of 85,000 approvals and employers that are exempt from the cap.
Renewal applications are for workers to continue their H-1B approval, either with their current employer or with a different employer. They are usually filed for noncitizens who are already in the United States. Applications for renewed employment are not subject to the annual caps. (Refer to “What is the H-1B visa program?” for more information.)
H-1B denial rates dropped to 2% in 2022 – a low since 2009. Denial rates peaked at 15% in fiscal 2018, during Trump’s first administration. That included 24% of new applications for initial employment and 12% of renewal applications for continuing employment. The Trump administration implemented stricter immigration rules, including tightening the definition of “specialty occupations” and limiting third-party placements of H-1B workers.
Under Biden, the denial rate dropped to under 3%, in part due to court rulings against the restrictions from Trump’s first term.
India is the top country of birth for H-1B workers. Roughly three-quarters (73%) of H-1B workers whose applications were approved in fiscal 2023 were born in India. A majority of approvals every year since 2010 have gone to workers born in India.
China is the second-most common birthplace, accounting for 12% of H-1B workers approved in 2023.
No other birthplace accounted for even 2% of H-1B workers approved in 2023.
