Turns out the H-1B ‘lotto system’ is totally and completely rigged…

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The H-1B “war” of 2024 is destined to go down in social media history. It’s equal parts productive and chaotic, with pro-foreign worker advocates like Elon Musk and Vivek Ramaswamy squaring off against America First MAGA forces. Ultimately, this debate is a healthy exercise for the America First movement, airing its internal conflicts—especially before Trump’s anticipated return to the White House.

That said, we shouldn’t throw the baby out with the bathwater. Vivek and Elon don’t need to be thrown to the wolves over this issue. Sure, they could use a crash course in America First principles, but they also deserve the opportunity to get creative and course-correct. A good starting point? Taking a hard look at the system they support and acknowledging just how disastrous it really is.

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Honestly, we’re dealing with a system so broken it’s beyond repair—especially the so-called “lotto” system at the heart of the entire H-1B scheme. Calling it “rigged” would actually be a compliment.

Yes, it’s really that bad.

Eric Fan:

Every year, a lottery determines who gets an H-1B visa to work in the US. The game, it turns out, is rigged.

Outsourcing and staffing firms are exploiting loopholes, crowding out US employers and immigrants who play it fair.

We have exclusive data to show it for the 1st time

Congress created H-1B in 1990 to help American businesses get the world’s top talent. Instead, outsourcing and staffing firms flooded the system.

They bring in lower-level workers and pay lower wages. They game the lottery to gain unfair advantages.

Say you’re a regular American business that wants to hire a foreign graduate from a top US university. You would lose the candidate to lottery most (70%) of the time. That’s what happened to Sandeep Maganti, a talented engineer from India who founded his own startup.

An outsourcing firm, however, can draw from its vast workforce in India and put in 3X number of tickets. It doesn’t care who gets selected as long as somebody gets selected. @USCIS rules require a “legitimate job offer” for each lottery entry, but don’t require any proof.

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