As discussions around U.S. immigration intensify heading into 2026, few programs are as misunderstood as the H-1B visa. Headlines, social media posts, and political talking points often reduce a complex employment-based immigration system into oversimplified claims that do not reflect how the program actually works.

The reality is that the H-1B program is one of the most highly regulated employment visa categories in the United States. It contains wage protections, compliance requirements, and enforcement mechanisms that apply to both employers and employees. Yet myths persist and are increasingly shaping public opinion and employer decision-making.

This article addresses the most common myths surrounding H-1B visas and H-1B workers and explains what the law actually requires.

Myth 1: H-1B Workers Take Jobs Away From U.S. Workers

One of the most common claims is that H-1B workers displace U.S. workers. In reality, the H-1B program is structured to fill specialty occupations where employers cannot readily find qualified workers in the U.S. labor market.

H-1B positions must require at least a bachelor’s degree or its equivalent in a specific field. These are not entry-level or low-skill jobs. They typically involve roles in technology, engineering, healthcare, finance, education, and research.

Employers must attest that hiring an H-1B worker will not negatively affect the working conditions of U.S. workers in similar roles. They must also pay the required wage, regardless of whether a U.S. worker could hypothetically be hired for less.

The program is designed to supplement, not replace, the U.S. workforce.

Myth 2: Employers Use H-1B Workers Because They Are Cheaper

This myth is particularly persistent and particularly inaccurate.

Before an H-1B petition can even be filed, the employer must obtain a certified Labor Condition Application from the U.S. Department of Labor. The employer must agree to pay the higher of:

• The prevailing wage for the occupation and geographic area, or
• The actual wage paid to similarly employed workers within the company

If an employer underpays an H-1B worker, the employer can face back wage liability, civil penalties, debarment from the program, and federal investigations.

In many cases, H-1B workers are paid more than their U.S. counterparts due to prevailing wage requirements, especially in high-cost metropolitan areas. The idea that employers save money by hiring H-1B workers does not align with how the wage rules operate in practice.

Myth 3: H-1B Workers Have No Rights and Are Easily Exploited

While no immigration system is perfect, H-1B workers are not without protections.

H-1B employees are protected by federal labor laws, including wage and hour laws, anti-discrimination statutes, and workplace safety regulations. Employers are required to maintain public access files, document wage compliance, and cooperate with audits.

Additionally, H-1B workers are not tied to a single employer forever. The law allows for H-1B portability, meaning an employee can change employers and begin working with a new company upon the filing of a non-frivolous H-1B transfer petition.

If an employer violates the terms of employment, the worker has legal remedies and can seek new employment without starting the H-1B process from scratch.

Myth 4: The H-1B Program Is Poorly Regulated or Unchecked

Few visa programs are as heavily regulated as the H-1B.

Multiple government agencies are involved in oversight, including:

• U.S. Citizenship and Immigration Services
• Department of Labor
• Department of Homeland Security

Employers face Requests for Evidence, audits, site visits, and post-approval compliance reviews. Site visits are often unannounced and focus on verifying job duties, work location, salary, and supervision.

An approved H-1B petition does not mean the government stops paying attention. In many cases, scrutiny increases after approval.

Myth 5: H-1B Workers Are All Recent Graduates With No Experience

Another misconception is that H-1B workers are primarily recent graduates with minimal experience.

In reality, many H-1B professionals have years or even decades of experience. The program is commonly used for senior engineers, data scientists, physicians, researchers, architects, and managers with specialized expertise.

While recent graduates can qualify, particularly through the U.S. master’s cap, the majority of H-1B filings are for experienced professionals filling highly technical or specialized roles.

Myth 6: The H-1B Lottery Is Random and Unfair by Design

Historically, the H-1B cap selection process involved a random lottery due to demand exceeding supply. However, beginning with the 2026 selection system, the process is shifting toward wage-based prioritization.

This change directly counters the idea that the system rewards low-wage hiring. Higher-wage, higher-skill positions are expected to be prioritized, aligning selection with economic value and labor market needs.

The evolving system reflects an effort to modernize the program, not dismantle it.

Myth 7: H-1B Workers Are Permanent Immigrants in Disguise

The H-1B is a nonimmigrant visa. While it allows for dual intent, meaning a worker can pursue permanent residence while in H-1B status, the visa itself is temporary.

Initial H-1B status is granted for up to three years, with a general maximum of six years unless extended under specific statutory provisions tied to green card processing.

Many H-1B workers ultimately leave the United States due to employer changes, family considerations, or inability to secure permanent residence. The notion that all H-1B workers remain permanently is not supported by data or practice.

Myth 8: Companies Abuse the H-1B Program With No Consequences

Employers who misuse the H-1B program face serious consequences.

Violations can result in:

• Back wage awards
• Civil monetary penalties
• Debarment from the H-1B program
• Petition revocations
• Referrals for criminal investigation in extreme cases

The enforcement framework exists and is actively used. The idea that companies operate without accountability ignores the extensive compliance infrastructure already in place.

Why These Myths Matter in 2026

Misinformation has real consequences. It discourages employers from hiring critical talent, fuels hostility toward foreign professionals, and distracts from meaningful policy discussions about workforce development and economic growth.

H-1B workers are not a threat to the U.S. labor market. They are doctors treating patients, engineers building infrastructure, researchers advancing innovation, and educators training the next generation.

A rational conversation about immigration policy must begin with accurate information, not rhetoric.

Final Thoughts

The H-1B program is not perfect, but it is far more regulated, protective, and economically grounded than public discourse often suggests. As rhetoric intensifies in 2026, separating fact from fiction is essential.

Understanding how the program actually works allows employers, employees, and policymakers to engage in constructive dialogue focused on solutions rather than fear.

If the goal is a stronger U.S. economy and a competitive global workforce, informed discussion matters more than ever.

By: Felipe Jimenez

Felipe Jimenez is an Associate Attorney at Reddy Neumann Brown PC. He works in the Non-Immigrant Visa (NIV) Department where he assists clients through all phases of the non-immigrant visa process.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.