The H-1B visa is a nonimmigrant employer-sponsored program that allows US companies to hire foreign nationals in "specialty occupations," typically requiring a bachelor's degree or higher. The vast majority of these occupations are computer-related (69% of petition filings according to 2017 data). And they are disproportionately filled with high-skilled talent coming from two countries: China and India (85% of filings for the same time period).

So this week's announcement that H-1B visas will now require employers to pay $100,000 per year per visa is a direct way of saying, "we want fewer people from China and India working in tech in the US."

But as with most economic policies, it's more than that. And we already have the research. In 2020 (and then in 2023), Britta Glennon of the University of Pennsylvania (my alma mater) studied the effects of restricting high-skilled labor on offshoring. More specifically, she looked at two visa supply shock periods: the first being a 2004 cap that lowered H-1B visas by 70% and the second being a 2008–2009 lottery program which generated a random negative shock.

What she uncovered in the first case was that the 2004 policy change increased foreign affiliate employment by 27%! And in the second case, a random one-percentage-point drop in H-1B visa supply caused an increase in the foreign affiliate growth rate of between 12 and 16%. Said differently, when H-1B visas become harder to get, US tech companies simply hire more people in other countries.

More specifically, they ramp up hiring in these three countries: China, India, and Canada. China and India are what you might call a direct channel. The company just opens or expands an existing office by hiring the people that would have otherwise come to the US. Canada, on the other hand, largely serves as an indirect channel. We become a conveniently-located conduit through which US firms can hire the same high-skilled humans from China and India (because we don't restrict high-skilled talent in the same way).

So another way to interpret this week's announcement is that the US is making deliberate moves to increase high-skilled tech employment in Canada, China, and India. That's a good thing for these countries. Of course, the real opportunity is not as an affiliate or back-office location for US firms. The real opportunity is to harness this high-skilled talent and empower them to start their own companies in the countries where they will now live.

Next to the US, China is likely in the best position to do that. But it’s also Canada’s opportunity to squander.

Update: After clearly stating that it would be an annual fee of $100k and that the big tech companies all "love it," it appears the US has backpedaled. It will now be a one-time fee of $100k paid at the time of petition filing. This is still a lot. Currently, the fees are in the hundreds of dollars.

The H-1B visa is a nonimmigrant employer-sponsored program that allows US companies to hire foreign nationals in "specialty occupations," typically requiring a bachelor's degree or higher. The vast majority of these occupations are computer-related (69% of petition filings according to 2017 data). And they are disproportionately filled with high-skilled talent coming from two countries: China and India (85% of filings for the same time period).

So this week's announcement that H-1B visas will now require employers to pay $100,000 per year per visa is a direct way of saying, "we want fewer people from China and India working in tech in the US."

But as with most economic policies, it's more than that. And we already have the research. In 2020 (and then in 2023), Britta Glennon of the University of Pennsylvania (my alma mater) studied the effects of restricting high-skilled labor on offshoring. More specifically, she looked at two visa supply shock periods: the first being a 2004 cap that lowered H-1B visas by 70% and the second being a 2008–2009 lottery program which generated a random negative shock.

What she uncovered in the first case was that the 2004 policy change increased foreign affiliate employment by 27%! And in the second case, a random one-percentage-point drop in H-1B visa supply caused an increase in the foreign affiliate growth rate of between 12 and 16%. Said differently, when H-1B visas become harder to get, US tech companies simply hire more people in other countries.

More specifically, they ramp up hiring in these three countries: China, India, and Canada. China and India are what you might call a direct channel. The company just opens or expands an existing office by hiring the people that would have otherwise come to the US. Canada, on the other hand, largely serves as an indirect channel. We become a conveniently-located conduit through which US firms can hire the same high-skilled humans from China and India (because we don't restrict high-skilled talent in the same way).

So another way to interpret this week's announcement is that the US is making deliberate moves to increase high-skilled tech employment in Canada, China, and India. That's a good thing for these countries. Of course, the real opportunity is not as an affiliate or back-office location for US firms. The real opportunity is to harness this high-skilled talent and empower them to start their own companies in the countries where they will now live.

Next to the US, China is likely in the best position to do that. But it’s also Canada’s opportunity to squander.

Update: After clearly stating that it would be an annual fee of $100k and that the big tech companies all "love it," it appears the US has backpedaled. It will now be a one-time fee of $100k paid at the time of petition filing. This is still a lot. Currently, the fees are in the hundreds of dollars.