Article Summary

Florida Governor Ron DeSantis has issued a directive to the Florida Board of Governors to cease what he terms H-1B visa 'abuse' in state universities, asserting that institutions are hiring foreign workers instead of qualified Americans. This action follows a Department of Justice call for tips on employers potentially favoring foreign workers over U.S. citizens. DeSantis's office stated that Florida aims to prioritize American graduates and ensure taxpayer-funded schools serve the American workforce.

TNP AI: Key Insights

This directive from Governor DeSantis signals a potential shift in how cap-exempt H-1B visas are utilized by state-funded educational institutions in Florida. For H-1B visa holders currently employed or seeking employment in Florida universities, this could introduce new scrutiny or restrictions. For employers, it highlights increasing governmental focus on H-1B compliance and potential 'Buy American, Hire American' policies at the state level.

Universities are generally cap-exempt for H-1B visas, allowing them to petition for foreign workers outside the annual lottery system. This exemption was intended to support academic and research institutions in hiring specialized talent. The current directive challenges the application of this exemption for certain roles, implying that some positions filled by H-1B holders could be filled by U.S. citizens or graduates. While not a legal ruling, the directive from Governor DeSantis indicates a policy shift for state universities in Florida, instructing the Florida Board of Governors to implement measures to prioritize American graduates for university positions, potentially limiting H-1B visa utilization in roles deemed fillable by US workers. The DOJ's call for tips underscores a broader federal emphasis on H-1B compliance and preventing discrimination against US workers.

For Florida universities, this could necessitate a review of hiring practices and a potential reduction in H-1B sponsored positions, particularly for non-research or highly specialized academic roles. For H-1B visa holders, it creates uncertainty regarding employment opportunities in Florida's public higher education sector. This state-level action could also set a precedent for other states to consider similar policies regarding H-1B visa usage in public institutions.