Seattle: Speaking at a conservative politics event last week, J D Vance declared that the H-1B visa programme is plagued by 'a lot of fraud'. It was a confident assertion, and one almost entirely unsupported by the US government's enforcement record. More troubling is what that assertion is being used to justify: bans, freezes and fees that are dismantling the medical workforce keeping millions of rural Americans alive.
The most cited government finding on H-1B fraud is a 2008 US Citizenship and Immigration Services (USCIS) compliance assessment, the only audit of its kind ever-conducted, which examined 246 petitions and found problems in about 21% of cases. That sounds alarming, until you read the fine print.
Also Read | H-1B visas to undergo key changes from April 1: Here’s what to know
The 21% figure bundled outright fraud with what the agency called 'technical violations': paperwork errors, minor wage discrepancies and workers stationed at locations not listed in their original petitions. Actual intentional fraud was a subset of that number. No comparable audit has been done since. That means the figure Vance's allies cite is nearly two decades old, drawn from 246 cases out of lakhs of approvals.
USCIS' subsequent site visit programme, launched in 2009, found roughly 89% of visited worksites fully compliant. The most documented abuses were concentrated in one corner of the market: IT staffing firms that gamed the lottery by submitting duplicate registrations through multiple shell employers. Real fraud, deserving real consequences, but rooted in one industry's business model, rather than running through the entire programme.
USCIS addressed it directly. After duplicate filings peaked at over 4 lakh flagged registrations in FY24, the agency overhauled its selection process to focus on individual applicants. Suspected duplicates collapsed to under 8,000 within two lottery cycles. That is not a programme in free fall. It is a programme that identified a specific vulnerability, and fixed it.
Also Read | American dream under strain: Indian students rethink US plans amid low H-1B odds and rising visa uncertainty
None of this feature in Vance's account, which offers the classic structure of a conclusion in search of facts: an assertion of pervasive wrongdoing, illustrated with anecdotes and untethered from the enforcement record his government maintains.
Consequences of this rhetorical approach are playing out in emergency rooms and rural clinics. 1 in 4 physicians practising in the US was born outside the country. They cluster, by necessity, in the places that struggle most to attract US-trained physicians: rural counties, federally designated health professional shortage areas and safety-net hospitals, serving Medicaid and Medicare patients.
Association of American Medical Colleges projects a physician shortfall approaching 90,000 within the next decade. US medical schools produce roughly 30,000 graduates annually to fill 44,000 residency positions. Foreign-trained doctors have long bridged that gap.
The Trump regime's response has been to make it dramatically worse. In December 2025, USCIS froze work authorisation renewals for nationals of 39 countries, among them Nigeria, Venezuela, Cuba, Iran and Yemen. Physicians who had spent years building practices in underserved communities, passing board examinations, securing hospital privileges and establishing patient panels, suddenly found themselves prohibited from practising medicine while their paperwork sat frozen.
A travel ban covering 39 countries followed on January 1, 2026. Two weeks later, the State Department froze immigrant visa processing for nationals of 75 countries, spanning much of Africa, West Asia, Central Asia and Latin America.
American Immigration Lawyers Association documented a case in which a cardiologist's renewal appointment was cancelled and rescheduled nearly a year out, leaving roughly 900 patients without cardiac care. American Medical Association formally petitioned departments of homeland security and state to exempt licensed physicians, warning the policies were placing patient care at risk nationwide. No exemption has been granted.
Communities absorbing these consequences voted overwhelmingly for Trump. When a foreign-born physician is forced out, there is no domestic replacement waiting. There is simply a vacancy, and if it persists, a facility cannot safely remain open.
Vance acknowledged in the same speech that some H-1B holders - like his own in-laws - have 'enriched the country'. That admission exposes the incoherence at the centre of the Trump regime's position. The honest version of this debate would start with what the data shows: targeted lottery abuse in one sector, already fixed; and a healthcare system structurally dependent on foreign-trained doctors now being undermined by policies that punish the compliant alongside the fraudulent, at a cost borne by the sickest and most isolated Americans.
The most cited government finding on H-1B fraud is a 2008 US Citizenship and Immigration Services (USCIS) compliance assessment, the only audit of its kind ever-conducted, which examined 246 petitions and found problems in about 21% of cases. That sounds alarming, until you read the fine print.
Also Read | H-1B visas to undergo key changes from April 1: Here’s what to know
The 21% figure bundled outright fraud with what the agency called 'technical violations': paperwork errors, minor wage discrepancies and workers stationed at locations not listed in their original petitions. Actual intentional fraud was a subset of that number. No comparable audit has been done since. That means the figure Vance's allies cite is nearly two decades old, drawn from 246 cases out of lakhs of approvals.
USCIS' subsequent site visit programme, launched in 2009, found roughly 89% of visited worksites fully compliant. The most documented abuses were concentrated in one corner of the market: IT staffing firms that gamed the lottery by submitting duplicate registrations through multiple shell employers. Real fraud, deserving real consequences, but rooted in one industry's business model, rather than running through the entire programme.
USCIS addressed it directly. After duplicate filings peaked at over 4 lakh flagged registrations in FY24, the agency overhauled its selection process to focus on individual applicants. Suspected duplicates collapsed to under 8,000 within two lottery cycles. That is not a programme in free fall. It is a programme that identified a specific vulnerability, and fixed it.
Also Read | American dream under strain: Indian students rethink US plans amid low H-1B odds and rising visa uncertainty
None of this feature in Vance's account, which offers the classic structure of a conclusion in search of facts: an assertion of pervasive wrongdoing, illustrated with anecdotes and untethered from the enforcement record his government maintains.
Consequences of this rhetorical approach are playing out in emergency rooms and rural clinics. 1 in 4 physicians practising in the US was born outside the country. They cluster, by necessity, in the places that struggle most to attract US-trained physicians: rural counties, federally designated health professional shortage areas and safety-net hospitals, serving Medicaid and Medicare patients.
Association of American Medical Colleges projects a physician shortfall approaching 90,000 within the next decade. US medical schools produce roughly 30,000 graduates annually to fill 44,000 residency positions. Foreign-trained doctors have long bridged that gap.
The Trump regime's response has been to make it dramatically worse. In December 2025, USCIS froze work authorisation renewals for nationals of 39 countries, among them Nigeria, Venezuela, Cuba, Iran and Yemen. Physicians who had spent years building practices in underserved communities, passing board examinations, securing hospital privileges and establishing patient panels, suddenly found themselves prohibited from practising medicine while their paperwork sat frozen.
A travel ban covering 39 countries followed on January 1, 2026. Two weeks later, the State Department froze immigrant visa processing for nationals of 75 countries, spanning much of Africa, West Asia, Central Asia and Latin America.
American Immigration Lawyers Association documented a case in which a cardiologist's renewal appointment was cancelled and rescheduled nearly a year out, leaving roughly 900 patients without cardiac care. American Medical Association formally petitioned departments of homeland security and state to exempt licensed physicians, warning the policies were placing patient care at risk nationwide. No exemption has been granted.
Communities absorbing these consequences voted overwhelmingly for Trump. When a foreign-born physician is forced out, there is no domestic replacement waiting. There is simply a vacancy, and if it persists, a facility cannot safely remain open.
Vance acknowledged in the same speech that some H-1B holders - like his own in-laws - have 'enriched the country'. That admission exposes the incoherence at the centre of the Trump regime's position. The honest version of this debate would start with what the data shows: targeted lottery abuse in one sector, already fixed; and a healthcare system structurally dependent on foreign-trained doctors now being undermined by policies that punish the compliant alongside the fraudulent, at a cost borne by the sickest and most isolated Americans.
(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)






Kripa Upadhyay
Kripa Upadhyay is co-chair, immigration and global mobility practice, Buchalter