If the stated purpose of the H‑1B program is to fill roles where there isn’t enough qualified U.S. talent, then a company claiming it needs to cut 60,000 jobs raises a serious contradiction. By definition, H‑1B workers are here only because the employer certified that no equally qualified American worker was available.
So if an American citizen at Microsoft is laid off before a similarly qualified H‑1B worker in the same job category, that’s not just unfair — it undermines the legal justification for the H‑1B hire in the first place. In that situation, the American employee has a legitimate basis to question whether the employer complied with the spirit and intent of the program.
The logic is simple:
If the company says “we don’t have enough U.S. workers,” then U.S. workers shouldn’t be the first ones shown the door.