James Fishback, former architect of the “DOGE Dividend” initiative, has sparked national debate by calling the H-1B visa program a “scam” that exploits foreign workers while denying qualified Americans job opportunities. His accusations come as President Trump imposed a $100,000 fee on new H-1B applications in September 2025, fundamentally reshaping how American companies hire skilled foreign workers.
The controversy has divided corporate America, with companies like Walmart and Cognizant pausing H-1B sponsorships while Nvidia pledges to continue supporting global talent. At the center of this debate sits a fundamental question: Does the H-1B program fill genuine skill gaps, or has it become a tool for companies to undercut American wages?
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What is the H-1B Visa Program?
The H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring specialized knowledge and at least a bachelor’s degree. Congress caps new H-1B visas at 65,000 annually, with an additional 20,000 available for workers holding advanced U.S. degrees.
Workers on H-1B visas typically stay for three years initially, with extensions possible up to six years. The program particularly benefits the technology sector, where companies like Microsoft, Google, and Amazon rely heavily on foreign talent. Indians account for approximately 75% of all H-1B approvals, making them the program’s largest beneficiaries.
Before Trump’s September 2025 proclamation, employers paid between $2,000 and $5,000 per H-1B petition. The new $100,000 fee represents a 20-fold increase designed to address what the administration calls “systemic abuse” of the program.
James Fishback’s Allegations Against the H-1B System
Fishback, CEO of investment firm Azoria, has become one of the most vocal critics of current H-1B practices. In an October 2025 video shared on X (formerly Twitter), he claimed companies deliberately hide job postings in obscure newspapers to “check the box” on recruitment requirements without genuinely seeking American candidates.
“So-called American companies say they have no choice but to use the H-1B program because they ‘can’t find Americans for these jobs,'” Fishback stated. “Here’s the ugly truth: they’re not even looking for Americans. They refuse to interview them.”
His most controversial statement targeted Florida universities specifically. “If companies in FL want to hire skilled workers, stop importing Indians and hire recent grads from FSU, UF, FAU, and UCF,” he wrote on X. He described these students as “brilliant, hungry, and love our state.”
Fishback also claimed that both American workers and H-1B holders suffer under the current system. “The Indians and Chinese think they are better off, but they too end up getting exploited,” he said. His comments sparked fierce debate about whether the program represents opportunity for foreign workers or exploitation by American corporations.
Trump’s $100,000 H-1B Fee: What Changed
President Trump’s September 19, 2025 proclamation fundamentally altered H-1B economics by imposing a one-time $100,000 fee per new petition. The administration justified this dramatic increase by citing cases where companies laid off thousands of American workers while simultaneously hiring H-1B employees.
One software company approved for over 5,000 H-1B workers in fiscal year 2025 announced layoffs totaling more than 15,000 employees around the same time. Another IT firm approved for nearly 1,700 H-1B workers laid off 2,400 American workers in Oregon. A third company reduced its U.S. workforce by approximately 27,000 since 2022 while securing approval for over 25,000 H-1B workers.
Who must pay the $100,000 fee:
The fee applies only to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who don’t possess a valid H-1B visa. It also applies to petitions requesting consular notification, port of entry notification, or pre-flight inspection for individuals currently in the U.S..
Who is exempt:
Workers already holding H-1B visas or approved petitions submitted before September 21, 2025, don’t pay the fee. Crucially, the fee doesn’t apply to change-of-status scenarios, such as students transitioning from F-1 visas to H-1B status. Amendments, extensions, and renewals for workers already in the U.S. also remain exempt.
The U.S. Treasury Department launched an online payment portal in October 2025 for employers to submit the fee before filing visa applications.
Who is James Fishback?
James Fishback, 30, founded the investment firm Azoria in 2023 after working at Greenlight Capital. The son of a bus driver and a Colombian immigrant, Fishback left Georgetown University at age 21 to start a hedge fund.
He gained national attention in early 2025 by proposing “DOGE Dividends” $5,000 checks for American taxpayers funded by government efficiency savings. President Trump acknowledged the concept as “under consideration,” though Fishback later stepped away from the DOGE movement after Elon Musk criticized Trump.
In December 2024, Fishback visited Trump’s Mar-a-Lago estate to unveil the Azoria 500 Meritocracy ETF, an investment fund targeting S&P 500 companies that avoid diversity, equity, and inclusion (DEI) practices. However, trustees voted in October 2025 to liquidate the fund following what they described as “recent legal disputes involving a principal of” Azoria.
Fishback also founded Incubate Debate, a nonprofit helping high school students develop debating skills. He has collaborated with former DOGE representative Vivek Ramaswamy and appeared on Fox News to advocate for ending the H-1B program.
How Companies Are Responding to the Fee
The $100,000 fee has forced companies to reassess their hiring strategies. Walmart announced it has paused hiring foreign workers requiring H-1B visas. Indian IT giants Cognizant and Tata Consultancy Services (TCS) have also suspended certain H-1B sponsorships.
TCS currently sends around 500 workers annually on H-1B visas despite filing more petitions. Infosys CEO Salil Parekh noted that only a small portion of its employees use the firm’s immigration services. Wipro reports that nearly 80% of its U.S. workforce is now locally hired.
In contrast, Nvidia CEO Jensen Huang assured employees the company remains committed to supporting global talent. “The miracle of Nvidia, built by all of you, and by brilliant colleagues around the world, would not be possible without immigration,” Huang wrote in a memo.
Many companies are shifting strategies to hire workers already possessing H-1B visas or those eligible for status changes that exempt them from the fee. This approach allows them to access skilled foreign workers without the six-figure cost.
The Case For and Against H-1B Reform
Arguments for stricter controls
Supporters of reform, including Fishback, argue that American companies systematically overlook qualified domestic talent. They point to documented cases of wage theft exceeding $95 million at major firms like HCL and Cognizant. Federal agencies have investigated outsourcing firms for fraud, money laundering, and RICO violations related to H-1B abuse.
Some H-1B workers report systematic underpayment, fraudulent job offers, and exploitative labor practices including threats of deportation. Critics also note that American workers have been forced to train their own cheaper replacements as a condition of receiving severance.
Harmeet Dhillon, Indian-origin assistant attorney general for civil rights at the U.S. Department of Justice, acknowledged concerns about companies placing ads “in newspapers that no one sees” to fulfill recruitment requirements.
Arguments for maintaining the program
Tech industry leaders warn that prohibitive fees will reduce innovation and make America less competitive globally. Without the H-1B visa, the top ranks of Silicon Valley would look dramatically different Microsoft CEO Satya Nadella, Alphabet CEO Sundar Pichai, and Tesla’s Elon Musk all used H-1B visas to arrive or stay in the U.S..
Supporters emphasize that H-1B visas address genuine skill shortages, particularly in emerging fields like artificial intelligence and specialized engineering. They argue the program strengthens the economy and benefits Americans by enabling companies to build innovative products and services.
A bipartisan group of congressional lawmakers expressed concerns that the $100,000 fee will particularly harm startups and small technology firms unable to absorb costs like larger companies.
Impact on Indian Workers and IT Firms
Indians remain the biggest beneficiaries of the H-1B program, with professionals employed at tech giants including Google, Microsoft, and Amazon. For Indian IT firms, the new fee represents a financial challenge but limited operational disruption.
Since the pandemic and Trump’s earlier policy restrictions during his first term, Indian IT companies significantly reduced H-1B transfers from India. They’ve expanded local hiring and opened near-shore centers in Latin America and Canada instead.
The shift means fewer opportunities for Indian professionals hoping to work in the United States, though those already in the country on student or other visas can still transition to H-1B status without the fee.
Legal Challenges to the $100,000 Fee
The U.S. Chamber of Commerce filed a lawsuit in October 2025 calling the fee unlawful. A coalition of healthcare groups and labor unions filed a second complaint challenging the policy’s legality.
Both lawsuits allege the H-1B fee violates the constitutional separation of powers and the Administrative Procedure Act. They warn of negative effects on U.S. employers depending on the H-1B program to attract skilled foreign workers.
The proclamation’s future remains uncertain as legal challenges proceed through federal courts. Business groups, employers, unions, lawmakers, and other stakeholders continue opposing the policy.
What This Means for American Workers
Fishback argues that “Made in America” should mean jobs for Americans. He recounted visiting Florida State University to meet students studying AI and computer science, where American students worried that companies like Google, Amazon, Meta, and Apple were prioritizing H-1B hires.
He urged voters to question politicians about their H-1B stance. “If a politician does not support immediately ending the H-1B scam… don’t vote for them,” he said. “It doesn’t matter if they’re Republican or Democrat they are choosing cheap foreign labour over qualified Americans.”
However, economists warn that restricting skilled immigration could make American companies less competitive. Time magazine argued that “prohibitive fees on sponsoring H-1B workers will lead us to a less productive and weaker country”.
The debate reflects fundamental disagreements about America’s economic future whether protecting domestic workers from foreign competition outweighs the innovation benefits of attracting global talent.
Comparison Table: Before vs. After Trump’s H-1B Fee
| Aspect | Before Sept 21, 2025 | After Sept 21, 2025 |
| Application Fee | $2,000-$5,000 | $100,000 (for new petitions) |
| Who Pays Fee | All new applicants | Only new applicants outside U.S. |
| F-1 to H-1B Change | Standard fee applies | Exempt from $100K fee |
| Extensions/Renewals | Standard fee applies | Exempt from $100K fee |
| Company Response | High H-1B sponsorship | Walmart, Cognizant pause hiring |
| Indian IT Firms | Heavy H-1B transfers | Shift to local U.S. hiring |
| Legal Challenges | None | 2 lawsuits filed (Chamber, healthcare) |
Frequently Asked Questions (FAQs)
What percentage of H-1B visas go to Indian workers?
Indians account for approximately 75% of all H-1B visa approvals in 2023, making them the program’s largest beneficiaries. Most work at tech giants including Google, Microsoft, and Amazon in specialized technology roles.
Has the $100,000 H-1B fee been challenged in court?
Yes, the U.S. Chamber of Commerce and a healthcare coalition filed separate lawsuits challenging the fee’s legality. Both claim it violates constitutional separation of powers and the Administrative Procedure Act.
What did James Fishback say about H-1B workers from India?
Fishback claimed companies “hide job postings in obscure newspapers” to avoid hiring Americans, then “import another foreign worker.” He stated that Indian and Chinese workers “think they are better off, but they too end up getting exploited”.
How are tech companies responding to the new H-1B fees?
Many companies paused sponsorships, while others shifted to hiring workers already possessing H-1B visas or those exempt from the fee. Nvidia committed to continuing global talent support despite the cost increase.
Can students change from F-1 to H-1B status without the fee?
Yes, workers transitioning from F-1 student visas to H-1B status are exempt from the $100,000 fee. This applies to change-of-status scenarios where the individual doesn’t leave the United States.
What is the Azoria Meritocracy ETF?
The Azoria 500 Meritocracy ETF is an investment fund created by James Fishback that invests in S&P 500 companies avoiding diversity, equity, and inclusion (DEI) practices. Trustees voted to liquidate it in October 2025 citing legal disputes.
Why did James Fishback leave DOGE?
Fishback stepped away from the DOGE movement in June 2025 after Elon Musk criticized President Trump. He demanded Musk apologize, stating “what’s not okay is his baseless personal attacks against President Trump”.
Are H-1B workers paid less than American workers?
Reports indicate systematic underpayment in some cases, with wage theft exceeding $95 million at firms like HCL and Cognizant. However, the program requires employers to pay prevailing wages. Abuse occurs primarily through outsourcing firms exploiting loopholes.
What did Trump’s proclamation say about H-1B abuse?
The September 2025 proclamation cited cases where companies laid off thousands of Americans while hiring H-1B workers. One company approved for 5,000 H-1B workers announced 15,000 layoffs simultaneously, suggesting the program wasn’t filling genuine shortages.
Will the H-1B program be eliminated?
No elimination is currently planned. The $100,000 fee aims to reduce abuse while still allowing companies to hire “the best of the best temporary foreign workers,” according to President Trump. The program continues with new financial barriers.
Featured Snippet Boxes
What is the H-1B visa program?
The H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring specialized knowledge and at least a bachelor’s degree. Congress caps new H-1B visas at 65,000 annually, with 20,000 additional visas for workers with advanced U.S. degrees. Workers typically stay three years initially, extendable to six years.
How much does an H-1B visa cost now?
As of September 21, 2025, new H-1B petitions for workers outside the U.S. require a one-time $100,000 fee, up from $2,000–$5,000 previously. The fee doesn’t apply to workers already in the U.S. seeking status changes, extensions, or renewals. President Trump imposed this fee to address alleged H-1B program abuse.
Who is James Fishback?
James Fishback, 30, is CEO of investment firm Azoria and former architect of the “DOGE Dividend” proposal. He founded Incubate Debate, a nonprofit for high school students, and previously worked at Greenlight Capital. Fishback has become a prominent critic of the H-1B visa program.
Why do companies use H-1B visas?
Companies use H-1B visas to fill specialty positions requiring technical expertise when they claim qualified American workers are unavailable. Critics allege companies actually use the program to hire cheaper foreign labor and suppress wages, while supporters argue it addresses genuine skill shortages in fields like technology and engineering.
Which companies stopped sponsoring H-1B visas?
Walmart, Cognizant, and Tata Consultancy Services (TCS) paused H-1B visa sponsorships following Trump’s $100,000 fee implementation in September 2025. Many Indian IT firms reduced H-1B transfers, focusing instead on local U.S. hiring and near-shore centers in Latin America and Canada.
Are there exemptions to the $100,000 H-1B fee?
Yes. The fee doesn’t apply to workers with H-1B visas or approved petitions before September 21, 2025. Students changing from F-1 to H-1B status are exempt. Workers in the U.S. seeking amendments, extensions, or renewals also don’t pay the fee if they maintain lawful status.
Source: The White House | Time Magazine