Columbia News

U.S. Senator Eric Schmitt (R-MO) has sent a letter to Joseph Edlow, the Administrator of U.S. Citizenship and Immigration Services (USCIS), expressing concern over what he describes as misuse of the H-1B visa program for hiring in Diversity, Equity and Inclusion (DEI) positions. Schmitt claims that the intent of the H-1B program is being sidestepped by employers who use it to fill roles that do not align with the program’s original purpose.

“I write to raise serious concerns about a disturbing trend: The use of H-1B visas to staff the Diversity, Equity and Inclusion (DEI) regime," Schmitt wrote in his letter. "I have reviewed repeated examples of U.S. employers using the H-1B program to fill DEI positions. These positions are plainly ideological and non-technical in nature, and appear to fall outside the 'specialty occupation' intent of the H-1B statute.[1] More to the point, in light of everything we know about DEI, it is alarming that both private companies and public institutions alike appear to be using foreign workers to work in these roles — placing non-Americans in positions where they are tasked with policing the speech and thought of our own citizens."

Schmitt cited several cases where institutions reportedly filed Labor Condition Applications (LCAs) for DEI-related jobs through the H-1B process. Among them were Carnegie Mellon University for an “Associate Dean of Diversity, Inclusion, Climate & Equity” position in 2021; Yale New Haven Health for multiple “Diversity and Inclusion Specialists” between 2020 and 2021; and Dartmouth College for a “Program Manager, Diversity, Equity & Inclusion” role in 2023.

“These are just a few of many examples,” he continued. “Employers who appear to have been using the H-1B visa in this manner range from large banks and law firms to universities, healthcare systems, and even municipal park districts. Many of these are taxpayer-funded institutions. Especially for our public institutions such as universities, the thousands of dollars in legal and administrative costs for H-1B’s could go towards cutting edge research or scholarships for U.S. citizens.”

Schmitt argued that hiring foreign nationals into DEI roles through H-1B visas diverts resources from their intended uses within academic or public institutions. He also stated that while some records indicate explicit DEI job titles among certified LCAs, there may be more such roles under less direct titles like “HR Administrator” or “Wellness Coordinator.”

“The H-1B visa program’s purpose was to address bona fide specialty occupation shortages — chiefly in technical disciplines — not to undercut American workers or import ideological bureaucrats to surveil our workplaces,” Schmitt said.

He requested USCIS collaborate with the Department of Labor on a review into this issue and develop guidance aimed at preventing further misuse.

“Thank you for your prompt attention to this matter — and for your continued service to President Trump’s America First agenda. My staff stands ready to work with USCIS on any technical details necessary to implement these steps promptly and with minimal operational burden,” Schmitt concluded.