Vice President JD Vance speaks at a press conference regarding a federal investigation into the H-1B visa program.
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Fact Check: Unpacking JD Vance’s Claims on Microsoft Layoffs and Foreign Hires Amid Visa Crackdown

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The Allegation: Microsoft Replaced American Workers with Foreign Hires?

In a recent move by the Trump administration that sent ripples through the tech industry, eight companies, including giants like Microsoft and Adobe, found themselves suspended from the Labor Department’s PERM program. This program is crucial for employers sponsoring foreign workers for green cards, granting them permanent residency. Amidst this crackdown, Vice President JD Vance made a pointed accusation: Microsoft, he claimed, replaced 6,000 laid-off American workers in 2025 with individuals on H-1B work visas.

While the PERM suspension targets green card sponsorships, it’s important to note that H-1B visas are temporary work permits, distinct from permanent residency. However, an examination of H-1B approval data provides a deeper look into the reliance of these companies on foreign talent and offers context to Vance’s assertions.

H-1B Data: A Closer Look at Microsoft’s Practices

According to data from the U.S. Citizenship and Immigration Services’ (USCIS) H-1B Employer Data Hub, Microsoft did indeed receive over 6,000 H-1B approvals in the past year, aligning with Vance’s figure. However, the numbers reveal a crucial nuance: a significant two-thirds of these approvals were granted to individuals already employed by Microsoft. This suggests a substantial portion of H-1B visas are used for retaining existing talent or transitioning employees, rather than exclusively for new hires from abroad.

The Broader Tech Landscape: Who’s Sponsoring H-1Bs?

Interestingly, the two largest sponsors of H-1B visas in the nation, Amazon and Meta, were conspicuously absent from the suspension list. Amazon led the pack with a staggering 19,178 H-1B approvals in fiscal 2025, followed by Meta with 6,294. Microsoft, with 6,258 approvals, was a close third. For context, Amazon now secures approximately three times as many H-1B approvals as Microsoft, a shift from years past when Microsoft often out-sponsored its Seattle-based counterpart.

The data further highlights that Amazon brought in nearly four times as many *new* H-1B workers compared to Microsoft, yet remained unsuspended. This disparity raises questions about the criteria for the administration’s targeted suspensions.

Beyond Tech: A Wider Crackdown on Visa Programs

The administration’s actions extended beyond the tech sector. At the same press conference, Labor Department Inspector General Anthony D’Esposito announced a separate investigation into alleged J-1 visa fraud involving nine prominent American universities. These actions underscore a long-held argument by some political factions that such visa programs, if unchecked, can inadvertently undercut American workers by incentivizing employers to seek talent from overseas.

Vance’s Rhetoric vs. Data Reality

Vice President Vance’s statement, “If you do the math, for every worker that Microsoft laid off, they replaced that worker with one and a half foreign indentured servants,” paints a stark picture. While the raw number of H-1B approvals for Microsoft matches the number of layoffs, the data indicating that most approvals went to existing employees complicates this narrative. The situation highlights the ongoing tension between political rhetoric surrounding immigration and the complex realities of corporate hiring practices and global talent acquisition.


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