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What Is the H-1B Visa Program and Why Are Trump Backers Feuding Over It?

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What Is the H-1B Visa Program and Why Are Trump Backers Feuding Over It?

As President Trump embarked on a sweeping crackdown on immigration upon his return to office this week, he left unresolved a rift that surfaced last month among some of his most influential supporters about the role of skilled foreign workers in the U.S. labor market.

The split over the H-1B visa program, which allows skilled workers like software engineers to work in the United States, has pitted hard-line immigration opponents against some of Mr. Trump’s most prominent backers in the tech industry, who say they rely on the program because they can’t find enough qualified American workers.

It’s unclear where Mr. Trump will land. He pledged in his first term to discontinue H-1B visas, but last month he called it “a great program.”

Congress passed legislation creating the H-1B program in 1990, as a labor shortage loomed. When President George Bush signed it into law, he said the program would “encourage the immigration of exceptionally talented people, such as scientists, engineers and educators.”

Employers use the visas — which are valid for three years and can be extended — to hire foreign workers with specialized skills, mainly in science and technology, to fill openings for which American workers with similar abilities cannot be found.

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Employers submit a petition to the government on behalf of a foreign worker they want to hire, describing the job and the qualifications of the person selected to fill it.

The H-1B program confers temporary status in the United States, not residency. However, many employers sponsor workers with H-1B visas for a green card, which puts them on the path to U.S. citizenship.

Congress makes 65,000 H-1B visas available each year for workers with a bachelor’s degree or equivalent, and 20,000 more for those with a master’s degree or higher. Universities and research organizations are exempt from those caps.

Many of the workers who have received the visas are software engineers, computer programmers and others in the technology industry. Amazon, Google, Meta, Microsoft, Apple and I.B.M. were among the companies that employed the most H-1B visa holders last year, according to U.S. Citizenship and Immigration Services.

But it’s not just a Silicon Valley story. H-1B recipients work in other professions, including education, health care and manufacturing.

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There is no cap for each country, and a vast majority — between about two-thirds and just over three-quarters — of recipients come from one: India.

Employers must attest that they have searched for qualified domestic candidates, and that an H-1B worker will not adversely affect the wages and working conditions of American workers.

The program requires employers to pay H-1B workers, at a minimum, either the average wage for the job and the city where it is based, or the average wage of American-born workers doing the same job. Companies are prohibited from paying H-1B workers less than other workers with similar skills and qualifications. Still, about 60 percent of the positions paid “well below” the local median wage for the occupation in 2019, according to the Economic Policy Institute, citing the Labor Department’s “broad discretion” to set H-1B wage levels.

Critics say employers often use H-1B visas to hire workers who are willing to accept lower salaries than Americans, and there have been episodes in which the program has been used to bring in immigrants to do jobs that American workers had been doing.

In 2015, about 250 technology workers at Walt Disney World near Orlando, Fla., were told that they were being laid off, and that they would have to train their replacements — H-1B visa holders who had been brought in by an outsourcing firm based in India. Similar episodes that year affected employees of Toys “R” Us and the New York Life Insurance Company. However, some studies have shown that the visa program helps foster innovation and growth, leading to more jobs, including for U.S.-born workers.

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A rift erupted among Republicans in December about how much tolerance, if any, the incoming Trump administration should have for immigrants brought into the country on H-1B visas.

Elon Musk, a former H-1B holder, wrote on X that the expertise U.S. companies need “simply does not exist in America in sufficient quantity.” Mr. Musk’s electric-car company, Tesla, obtained 724 of the visas this year.

Vivek Ramaswamy, the former Republican presidential candidate who recently quit a government cost-cutting initiative that Mr. Trump had asked him to lead alongside Mr. Musk, blamed American culture for creating people ill-suited for skilled tech positions.

Among those on the other side of the debate were Laura Loomer, the far-right activist, and Stephen K. Bannon, a longtime Trump confidant. Mr. Bannon hosted influencers and researchers on his popular “War Room” podcast in December who critiqued “big tech oligarchs” for supporting the H-1B program.

In 2020, Mr. Trump signed an executive order temporarily suspending new H-1B visas, which he had said should go to “only the most skilled and highest-paid applicants and should never, ever be used to replace American workers.” After a federal judge struck that order down, the Trump administration tightened eligibility rules for the visas and required companies to pay higher salaries to H-1B holders. A federal judge also rejected some of those rules, including the salary requirement.

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In late December, Mr. Trump appeared to weigh in on the debate, saying he had often used the program as a businessman. “I’ve been a believer in H-1B,” he told The New York Post. “I have used it many times. It’s a great program.”

In fact, Mr. Trump appears to have used the H-1B visa program sparingly. He has been a frequent and longtime user of the similarly named H-2B visa program, which is for unskilled workers like gardeners and housekeepers, as well as the H-2A program, for agricultural workers. Those visas allow a worker to remain in the country for 10 months.

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Video: The Battle for Warner Bros. Discovery

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Video: The Battle for Warner Bros. Discovery

new video loaded: The Battle for Warner Bros. Discovery

Nicole Sperling, a Times reporter who covers Hollywood and the streaming revolution, breaks down the competing bids from Netflix and Paramount to buy Warner Bros. Discovery.

By Nicole Sperling, Edward Vega, Laura Salaberry, Jon Hazell and Chris Orr

December 9, 2025

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HBO Max subscriber sues Netflix to halt merger

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HBO Max subscriber sues Netflix to halt merger

Let the legal battle begin.

On Monday, a Las Vegas-based HBO Max subscriber sued Netflix over concerns that the streamer’s plans to buy some of Warner Bros. Discovery’s assets would create an anti-competitive environment in the entertainment industry and raise subscription prices.

Netflix said last week it agreed to buy Warner Bros. Discovery’s film and TV business, its Burbank lot, HBO and the HBO Max streaming service for $27.75 a share or $72 billion. It also agreed to take on more than $10 billion of Warner Bros.’ debt, creating a deal value of $82.7 billion.

Michelle Fendelander alleges in her lawsuit that if Netflix’s deal were to go through, it would decrease competition in the subscription streaming market. She is asking the court to issue an injunction to prevent the merger from happening or issue a remedy for the anti-competitive effects.

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“American consumers — including SVOD purchasers like Plaintiff, an HBO Max subscriber — will bear the brunt of this decreased competition, paying increased prices and receiving degraded and diminished services for their money,” according to Fendelander’s lawsuit, which is seeking class-action status. The lawsuit was filed in a U.S. District Court in San Jose.

Netflix on Tuesday called the lawsuit “meritless” and “merely an attempt by the plaintiffs bar to leverage all the attention on the deal.”

The Los Gatos, Calif.,-based streamer is long seen as the winner of the subscription streaming wars, boosted by having successfully entered the streaming content space earlier than rivals and for its superior recommendation technology. By buying Warner Bros. Discovery’s assets, Netflix would gain access to more franchises and characters, including Batman, “Game of Thrones” and Harry Potter. Netflix said it plans to keep Warner Bros.’ commitments to bringing its movies to theaters.

But Fendelander and some industry observers are concerned that Netflix owning one of its streaming rivals will hurt the entertainment industry because it means less competition.

“The elimination of this rivalry is likely to reduce overall content output, diminish the diversity and quality of available content, and narrow the spectrum of creative voices appearing on major streaming platforms,” according to the lawsuit by Fendelander, who has never been a Netflix subscriber.

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Streamers over the years have steadily raised their prices, and some analysts said they would not be surprised if subscription prices continued to go up.

Netflix executives said they believe their deal to acquire WBD’s assets will benefit key stakeholders.

“It’s going to mean more options for consumers,” said Netflix Co-CEO Greg Peters on a call with investors last Friday. “It’s going to be more opportunities for creators, more value for our shareholders. Together, we’ve got the chance to bring great stories, cutting edge innovation and more choice to audiences everywhere.”

Peters also pointed out at a UBS conference on Monday that Netflix combined with the assets it is acquiring from Warner Bros. Discovery would still amount to a smaller share of U.S. TV viewing than YouTube.

Whether the deal will get over the finish line remains to be seen, although Netflix executives say they believe it will. On Monday, Paramount said it would directly appeal to shareholders to offer an alternative bid.

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Federal judge strikes down Trump’s order blocking development of wind energy

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Federal judge strikes down Trump’s order blocking development of wind energy

A federal judge on Monday struck down the Trump administration’s ban on federal permits for wind energy projects in what supporters said was an important victory for the embattled industry.

President Trump issued the ban on his first day back in office through an executive order that called for the temporary withdrawal of nearly all federal land and waters from new or renewed wind-energy leasing. The president said such leases “may lead to grave harm” including negative effects on national security, transportation and commercial interests, among other justifications.

U.S. District Judge Patti B. Saris, for the District of Massachusetts, ruled that the ban is “arbitrary and capricious and contrary to law,” and said the concern about “grave harm” was insufficient to justify the immense scope of a moratorium on all wind energy.

The challenge was brought by attorneys general in 17 states, including California, and Washington.

In it, they argued that halting federal wind permits created an “existential threat” to the wind industry that could erase billions of dollars in investments and tens of thousands of jobs.

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“A court has agreed with California and our sister states nationwide: The Trump Administration’s attempt to thwart states’ efforts to make energy more clean, reliable, and affordable for our residents is unlawful and cannot stand,” California Atty. Gen. Rob Bonta said in a statement. “The Trump Administration seems intent on raising costs on American families at every juncture — and California is equally committed to challenging every one of its illegal attempts to make life more expensive for Californians.”

At least seven major offshore wind projects were paused as a result of the federal permitting ban, according to the nonprofit Natural Resources Defense Council, plus several more that were in early phases of development.

“This ban on wind projects was illegal, as this court has now declared. The administration should use this as a wake-up call, stop its illegal actions and get out of the way of the expansion of renewable energy,” said Kit Kennedy, the council’s managing director for power, in a statement.

The lawsuit noted the president’s executive order was issued the same day as his National Energy Emergency Declaration, which encouraged domestic energy development not tied to wind and other renewables. The president has heavily supported fossil fuel production including oil, gas and coal.

In a statement to The Times, White House spokeswoman Taylor Rogers said offshore wind projects were given “unfair, preferential treatment” under the Biden administration while the rest of the energy industry was “hindered by burdensome regulations.”

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“President Trump’s day one executive order instructed agencies to review leases and permitting practices for wind projects with consideration for our country’s growing demands for reliable energy, effects on energy costs for American families, the importance of marine life and fishing industry, and the impacts on ocean currents and wind patterns,” Rogers said. “President Trump has ended Joe Biden’s war on American energy and unleashed America’s energy dominance to protect our economic and national security.”

California has vowed to stay the course on offshore wind despite the federal challenges.

The state has an ambitious goal of 25 gigawatts of floating offshore wind energy by 2045, by which point California officials say offshore wind could represent 10% to 15% of the Golden State’s energy portfolio. Five ocean leases have already been granted to energy companies off Humboldt County and Morro Bay.

In August, the Trump administration said it was cutting $679 million for “doomed” offshore wind projects, including $427 million that had been earmarked for California.

Ted Kelly, director and lead counsel of U.S. clean energy at the nonprofit Environmental Defense Fund, said obstructing the build-out of clean power is the wrong move as the country’s need for electricity is surging from data centers, industry and other demands.

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Wind, solar and battery storage offer the most affordable ways to get more reliable power on the grid, Kelly said.

“We should not be kneecapping America’s largest source of renewable power,” he said, “especially when we need more cheap, homegrown electricity.”

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