If you ask them, they'd tell you that is already the case. The H-1B visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise. Musk came here with one and never left.
Elon Musk, CEO of Tesla and SpaceX, is a strong proponent of the H-1B visa program, viewing it as crucial for attracting and retaining top global talent in the U.S.
Here's a breakdown of Musk's stance and the H-1B visa program:
1. Musk's Perspective:
- Personal Experience: Musk, a naturalized U.S. citizen, initially came to the U.S. on an H-1B visa. He credits the program for enabling his success and believes it's vital for the U.S. to remain competitive in innovation.
- Attracting Top Talent: Musk argues that the H-1B program allows companies like Tesla and SpaceX to hire highly skilled workers who are essential for driving technological advancements and economic growth.
- Addressing Talent Shortages: He believes there's a shortage of specialized talent in the U.S., particularly in fields like AI and engineering, and the H-1B program helps bridge this gap.
- Reforms and Safeguards: While a supporter, Musk acknowledges flaws in the program and advocates for reforms, such as raising the minimum salary for H-1B positions and adding a yearly cost for maintaining the visa, to ensure it's not used to displace qualified American workers.
2. The H-1B Visa Program:
- Specialty Occupations: The H-1B visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise.
- Requirements:
- A bachelor's degree or higher (or its equivalent) in the specific field is typically required.
- The employer must demonstrate that the position qualifies as a specialty occupation.
- The employer must pay the prevailing wage for the occupation in the geographic area.
- Annual Cap: There's an annual cap on the number of new H-1B visas issued (currently 65,000, with an additional 20,000 for those with a U.S. master's degree or higher).
- Lottery: Due to high demand, the H-1B visas are often allocated through a lottery system.
3. Controversy and Concerns:
- Displacement of American Workers: Critics argue that the H-1B program can be used to replace qualified American workers with cheaper foreign labor.
- Wage Depression: There are concerns that the program can depress wages in certain industries by allowing companies to hire foreign workers at lower salaries than their American counterparts.
4. Recent Developments:
- H-1B Modernization Rule: In 2025, the U.S. Department of Homeland Security (DHS) implemented the H-1B Modernization Rule, which aims to clarify the definition of "specialty occupation," strengthen cap-gap protections for students transitioning to H-1B status, and enhance enforcement measures.
- Increased Lottery Registration Fee: The lottery registration fee for the FY2026 H-1B cap increased from $10 to $215.
In conclusion: While the H-1B visa program remains a subject of debate, with valid concerns about its potential impact on American workers, Elon Musk's perspective highlights the program's crucial role in attracting and retaining highly skilled foreign talent that can contribute to innovation and economic growth in the U.S.