The H-1B visa program, a key route for American companies to hire foreign talent, has been rocked by fresh allegations of widespread fraud. Dave Brat, former US Representative for Virginia and an economist, has claimed that the system is marred by “industrial-scale fraud,” alleging that the number of visas issued to one district in India significantly exceeded the total nationwide cap.
Brat made the serious claims during an appearance on Steve Bannon’s War Room podcast, where he asserted that the H-1B visa system had been “captured” by fraud, leading to an increase in visa numbers from India that went far beyond the legally allowed limit.
The Allegation of Exceeding the Statutory Cap
The H-1B visa is a temporary work visa issued to foreign professionals, with Indian nationals being the largest group of beneficiaries. Brat cited specific statistics to support his claims of systemic fraud:
- Visa Distribution: He noted that 71% of H-1B visas come from India, compared to only 12% from China, arguing this disparity itself suggests unusual activity.
- Cap Discrepancy: Brat highlighted the annual cap set by Congress: “There’s a cap of only 85,000 H-1B visas, but somehow one district in India, the Madras district, got 220,000, two and a half times the cap Congress has set. So that’s the scam.”
Threat to American Workers
The former representative emphasized the alleged fraud as a direct threat to American workers and their families. He claimed that many of the H-1B recipients who secure jobs in the US are not genuinely skilled, thereby taking employment opportunities from citizens.
“One of these folks comes over and claims they’re skilled; they’re not, that’s the fraud. They just took away your family’s job, and your mortgage, and your house, and all that.”
These claims surface amid the Donald Trump-led administration’s ongoing crackdown on immigration and efforts to limit the influx of foreign nationals into the US workforce.
Former Diplomat Supports Fraud Claims
Brat’s allegations were supported by Mahvash Siddiqui, an Indian-American diplomat who previously worked at the Chennai consulate from 2005 to 2007.
Siddiqui alleged massive fraud within the H-1B system, claiming that a vast majority of the working visas given to Indians were obtained fraudulently. She stated that 80 to 90% of visas issued to Indians—mainly H-1B visas—were based on fake degrees, forged papers, or applications from individuals who were not genuinely qualified for the program.