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Elon Musk’s latest post on X sent a strong message to his followers and to his detractors. He said that he’s willing to go to “war.”
What “war” you ask?
The war over the ability to employ and bring immigrants into the United States through the H-1B visa program.
BROWNSVILLE, TEXAS – NOVEMBER 19: U.S. President-elect Donald Trump and Elon Musk watch the launch … [+]
At a time when the United States immigration conversation is picking up momentum in the press and on Capitol Hill, the public has been almost unilaterally focused on border policies. But now, a new perspective has stepped into the spotlight: the importance of immigration to U.S. businesses. More specifically, big business.
Corporations, particularly those within Silicon Valley, have been engaged in a long-standing battle for the opportunity to employee more foreign-born workers in the U.S. through the acquisition of H-1B visas.
What is the H-1B Visa?
The H-1B visa program was designed to allow employers to hire foreign-born specialists into occupations within the U.S. These occupations must require special knowledge and at least a bachelor’s degree. The visas are typically valid for three years, though they can be extended for up to six years.
The number of H-1B visas that can be granted annually is capped at 85,000. In 2020, the latest year on record, the number of people who petitioned for one of these coveted visas was 421,276. Applicants are chosen by a lottery system, often denying eligible candidates due to chance.
In the latest data, 72% of recipients came from India, with the second most common country of origin being China, with nearly 12% of recipients. In Silicon Valley, the top companies in tech—Amazon, Google, Microsoft and Apple—are also the top H-1B employers.
Because this program grants “nonimmigrant status,” it isn’t a path to permanent residency—though some recipients use a gray area to overstay or work around the terms. And it’s possible that Elon Musk himself was one of them.
Elon Musk is Living Proof of Why Diversity Programs Work
Elon Musk’s “war” is personal.
He built his ideas, his businesses, his U.S. empire while here on an immigration visa.
Born in Pretoria, South Africa, Musk obtained Canadian citizenship through his mother before moving to the U.S. in 1992 to study at the University of Pennsylvania.
His claims that H-1B visas are essential because American culture and education doesn’t prioritize success in science and engineering careers, compared to other countries, isn’t landing well with everyone—particularly those who want a more “America first” policy.
Where is all this going? The issue may boil down to one question: Should these high-skilled, well-paying careers in tech be opened up to foreign-born nationals, or should those roles be filled with homegrown talent?
In a true meritocracy, where merit supersedes all else, the H-1B visa program shouldn’t be done by lottery or capped at a quota. If we’re striving for full meritocracy in our systems, then leveling up the playing field for the best candidate available should be the goal. And progress in that area can be made by creating programs to include those who normally wouldn’t have a chance, allowing them a way in. And while we’re looking at the results of programs such as these, let’s not ignore that the H-1B visa program is an example of diversity, equity and inclusion.
DEI isn’t always about race or gender. It’s about difference. And difference is a superpower, if you know how to harness it.
Maybe this “war” will help shine some light on the fact that those who look different, speak with an accent, or come from a different culture may be the best people for the job—based on merit.
