Former U.S. Representative and economist Dr. Dave Brat has accused the H-1B visa program of being riddled with systemic fraud, claiming that visa issuances in India have far exceeded the legal caps set by Congress. His remarks on Steve Bannon’s War Room podcast come amid renewed political scrutiny of employment-based visas under the Trump administration.
Brat argued that the system has been "captured by industrial-scale fraud", asserting that H-1B allocations linked to India were occurring at levels that “defied statutory limits”. He noted that while federal law limits new H-1B visas to 85,000 annually, “one Indian district got 220,000 H-1B visas which is 2.5 times the limit.”
DR. DAVE BRAT: 71% of H-1B visas come from India. The national cap is 85,000, yet one Indian district got 220,000! That's 2.5x the limit!When you hear H-1B, think of your family, because these fraudulent visas just stole their future.@brateconomics pic.twitter.com/8O1v8qVJPe
— Bannon’s WarRoom (@Bannons_WarRoom) November 24, 2025
US government data indicates that in 2024, the US consulate in Chennai processed an estimated 220,000 H-1B visas and around 140,000 dependent (H-4) visas, making it one of the busiest H-1B consular posts globally. The facility handles applications from Tamil Nadu, Karnataka, Kerala, and Telangana – key hubs for India’s IT industry.
Brat framed the issue as a direct threat to American workers, asserting: “When one of these folks comes over and claims they're skilled, they're not, that's the fraud. They're taking away your family's job, your mortgage, your house, all of that.”
Former US diplomat revives earlier fraud warnings
Brat's comments gain traction following allegations by former US Foreign Service Officer Mahvash Siddiqui, who served in Chennai between 2005 and 2007.
In a recorded interview, she described what she called “industrialised” fraud involving forged degrees, fake employment documents, and unqualified applicants.
Siddiqui said she adjudicated “at least 51,000 non-immigrant visas between 2005 and 2007, most of them H-1Bs,” claiming: “80–90 per cent of the H-1B visas from India were fake, either fake degrees or forged documents, or applicants who were simply not highly skilled.”
She pointed specifically to fraud networks operating in Hyderabad, saying that Ameerpet hosted shops that openly prepared applicants and sold forged certificates. According to her, attempts to investigate were resisted internally: “significant political pressure” led to their anti-fraud effort being dismissed as a “rogue operation.”
“As an Indian-American, I hate to say this, but fraud and bribery are normalised in India,” Siddiqui said, alleging that some applicants even avoided interviews with American officers and used proxies during the process.
Trump on H1-B visa
This comes after the White House clarified that President Donald Trump has adopted a more measured stance on H-1B visas, describing his position as a “nuanced and common-sense opinion on this issue.”
While speaking to reporters, White House Press Secretary Karoline Leavitt said that Trump would allow importing foreign workers “just at the beginning,” but ultimately be replaced by American workers.
Trump pushed back against criticism from within his own political base, arguing that America lacks the talent to start certain advanced companies.
The H-1B visa is a crucial pathway for US companies, especially in technology, to hire skilled foreign professionals. Indians currently account for a dominant share of approvals, roughly 70% in 2024, making the programme vital to India-US workforce mobility.
The programme is increasingly targeted by conservative politicians who argue it undercuts American wages. However, Trump recently signalled support for maintaining H-1B flows, saying the country must continue attracting global talent to remain competitive.
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