The following diagrams illustrate the historical progression and key milestones of foreign labor and foreign student enrollment programs in the United States.

They provide essential context for understanding the long-standing policies and trends that have shaped these systems over time. This historical backdrop sets the stage for the introduction of two transformative legislative proposals designed to significantly curtail the overuse and systemic reliance on both foreign labor and foreign student enrollment in American institutions.

In the U.S., multiple agencies and actors are involved in administering and enabling visa and green card programs. Here’s a breakdown of who is behind these programs—both in terms of government administration and private sector influence:

1. U.S. Department of Homeland Security (DHS)

• U.S. Citizenship and Immigration Services (USCIS):
  • Reviews and approves employment-based visa petitions (e.g., H-1B, L-1, EB-2, EB-3).
  • Processes green card applications.
• U.S. Immigration and Customs Enforcement (ICE):
  • Oversees compliance for foreign students (SEVIS system) and employment verification (I-9 audits).
• U.S. Customs and Border Protection (CBP):
  • Controls visa entry at ports of entry.

2.  U.S. Department of Labor (DOL)

• Reviews PERM labor certifications—employers must prove they couldn’t find a qualified U.S. citizen before hiring a foreign worker for green card sponsorship.
• Manages prevailing wage determinations and employer attestations.
• Currently led by Lori Chavez-DeRemer (as of your latest bio update).

3.  U.S. Department of State

• Administers nonimmigrant and immigrant visas through consulates and embassies.
• Runs the Diversity Visa Lottery and manages annual green card caps.
• Grants final visa issuance after USCIS approval.

1.  Large Corporations

• Use H-1B, L-1, and EB green cards as a labor strategy—often to reduce costs and skirt U.S. labor protections.
• Submit thousands of visa applications each year (e.g., Amazon, Infosys, Tata, Accenture, Deloitte).

2.  Immigration Law Firms

• Specialize in exploiting loopholes in PERM and H-1B processes.
• Draft template job postings and ads to comply with “minimum” legal requirements while deliberately excluding U.S. citizens.

3.  Third-Party Staffing Agencies & Body Shops

• Operate as shell companies to flood the visa system with fake demand.
• Sponsor large volumes of foreign workers for green cards under fraudulent conditions.

4.  Lobbyists & Trade Groups

• Compete America, NASSCOM (funded by Big Tech):
  • Lobby Congress to expand green cards and raise visa caps.
  • Push narratives around “labor shortages” and “skills gaps” to justify foreign hiring.

Foreign student enrollment has evolved into an untaxed labor industry subsidized by universities and used by corporations to hire non-citizens without counting against H-1B caps or worker protections.

1952 – Immigration and Nationality Act (INA)

• Formalized the F-1 student visa category.
• Created framework for nonimmigrants to study temporarily in the U.S.

1961 – Mutual Educational and Cultural Exchange Act (Fulbright–Hays Act)

• Established the J-1 visa program for academic and cultural exchange.
• Allowed foreign scholars, researchers, interns, and medical trainees.

1990 – Immigration Act of 1990

• Created the Optional Practical Training (OPT) program.
• Allowed F-1 students up to 12 months of U.S. work experience post-graduation.

2002 – Homeland Security Act

• Transferred responsibility for student visas from State Dept. to Department of Homeland Security (DHS) and ICE.
• Introduced SEVIS (Student and Exchange Visitor Information System) to track foreign students.

2005 – J-1 Visa Expansion

• U.S. State Dept. expanded J-1 program categories, especially in STEM, healthcare, and internships.
• Led to surges in foreign researchers, tech interns, and teachers.

2008 – STEM OPT Extension Introduced

• OPT extended from 12 to 29 months for STEM degree holders.
• Justified as a national security response to retain “critical talent.”

2016 – Final Rule: 24-Month STEM OPT Extension

• Obama administration replaced 17-month extension with a 24-month STEM OPT.
• F-1 students in STEM fields now eligible for up to 36 months of work authorization after graduation.
• No cap or labor protections—bypassed H-1B process.

2019 – Record Foreign Student Enrollment

• U.S. reaches nearly 1.1 million international students.
• More than 220,000 students on OPT—the 2nd largest foreign workforce program behind H-1B.

2020–2023 – Continued Use of F-1/OPT as Work Pathway

• Universities adapt recruiting strategies to market OPT/STEM work opportunities.
• DHS guidance quietly reinforces foreign student-to-labor transition pipeline.

2024 – STEM OPT Occupation Expansion

• Biden administration expands list of eligible STEM fields (e.g., climate tech, data analytics).
• Critics argue this circumvents employment visa restrictions by reclassifying students as pseudo-workers.