Vivek Ramaswamy’s 2023 H-1B Proposal: What It Meant for Indians

The 2023 proposal

In September 2023, Republican presidential candidate Vivek Ramaswamy argued that the lottery used for cap-subject H-1B visas should be replaced with a merit-based selection system. He criticised the existing programme and said he wanted skilled immigration to be matched more closely with U.S. economic needs and civic commitments.

The remarks were a campaign position, not a change in U.S. immigration law. Ramaswamy later ended his presidential campaign in January 2024, so the proposal should be understood in its original political context.

How the H-1B programme works

The H-1B category allows eligible U.S. employers to temporarily employ foreign professionals in speciality occupations. These roles generally require highly specialised knowledge and at least a bachelor’s degree or its equivalent. Employers must comply with wage and labour-condition requirements.

Because demand for new cap-subject visas usually exceeds the annual numerical limit, U.S. Citizenship and Immigration Services uses a registration and selection process. Selection makes an employer eligible to file a petition; it does not itself grant a visa or guarantee approval.

Why Indians were watching

Indian professionals have historically represented the largest nationality group among approved H-1B beneficiaries. A major change to selection rules could therefore affect Indian technology workers, students and employers more than many other groups. The actual effect would depend on how “merit” was defined—for example by salary, qualifications, occupation or experience—and on whether Congress or the executive branch had authority to implement the change.

The key distinction is that a political proposal is not the same as an adopted rule. Readers should consult current USCIS information before making immigration or employment decisions.

Sources and further reading:

Fox News Sunday transcript, 17 September 2023: https://www.foxnews.com/transcript/fox-news-sunday-september-17-2023

USCIS report on H-1B workers for FY2023: https://www.uscis.gov/sites/default/files/document/reports/OLA_Signed_H-1B_Characteristics_Congressional_Report_FY2023.pdf

U.S. Department of Labor H-1B information: https://www.dol.gov/agencies/whd/immigration/h1b

Editorial note: Originally published on 19 September 2023 and rewritten on 25 September 2026 as an original archived summary. The original publication date has been retained.