MIAMI (AP) – The social media company founded by former president donald trump applied for a business visa program which he sought to restrict during his administration and that many of his allies want him to reduce a potential second term.
Trump Media & Technology Group, the company behind Truth Social, submitted an application in June 2022 for an H-1B visa for a worker with an annual salary of $65,000, the lowest salary category allowed under the program. Federal immigration data shows the company’s visa was approved a few months later. The company says it did not hire the worker.
The visa application defines the image of candidate Trump, who has proposed a protectionist agenda for companies to “hire American”, in conflict with businessman Trump, who said that his companies will use all the tools at their disposal. Records show the investment firm founded by Trump’s son-in-law and White House adviser Jared Kushneralso applied for and was approved to hire a foreigner as an associate in the same visa program.
Trump Media & Technology Group said in a statement that the request “was made under previous management,” although current CEO, former House Intelligence Committee chairman and longtime Trump ally Devin Nunes, was already leading the company at the time the application was first filed with the U.S. Department of Labor.
“The company has never hired – and has no plans to hire – an H-1B visa worker. When the current management became aware of this request, which was made under previous management, it quickly closed the process in November 2022,” the company said in a statement.
An H-1B visa petition can cost companies around $5,000 per employee. Companies can withdraw petitions even after they are approved. Data from U.S. Citizenship and Immigration Services records does not indicate when visas are revoked. But a spokeswoman for the Department of Labor, which also tracks H-1B applications, said there were no records of Truth Social requesting a withdrawal.
A COMMON TOOL FOR TECH COMPANIES
Tech companies often hire employees using the H-1B program. Trump has never hidden the fact that he used the visas before becoming president, using them mainly to bring foreign models and some workers to his hotels and resorts, according to an analysis of petitions filed since 2009.
But with exceptions to renew existing applications, their companies appeared to no longer apply for H-1B visas until Truth Social was created.
Labor Department data shows that a request was filed by Trump Media & Technology Group for an employee to earn $65,000. It lists Will Wilkerson, the company’s co-founder and former senior vice president of operations, as his employer, and an address in Atlanta as his place of work.
Wilkerson filed a whistleblower complaint in August 2022 with the U.S. Securities and Exchange Commission, alleging securities violations by the company. He was fired, according to The Washington Post, and is cooperating with federal authorities. His lawyers said he would not comment.
‘I SHOULDN’T BE ALLOWED TO USE IT’
Trump frequently talks about the arrival of migrants illegally crossing the US-Mexico border, but his policy proposals while in the White House also included restrictions on legal immigration, such as family visas and the visa lottery program.
In a 2016 primary debate, Trump spoke about the H-1B visa program and said it was “very bad” and “unfair” to American workers.
“First of all, I think and know the H-1B very well. And it’s something that I frankly use and shouldn’t be allowed to use. We shouldn’t have that,” he said. “Secondly, I think it’s very important to say, well, I’m a businessman and I have to do what I have to do.”
Three months after taking office, Trump issued his “Buy American and Hire American” executive order, which directed Cabinet members to suggest reforms to ensure that H-1B visas are awarded to the highest-paid or most qualified applicants to protect American workers. He had previously said that the program was used by technology companies to obtain lower-paid foreign workers.
During his administration, a study by the nonpartisan National Foundation for American Policy found that the administration was scrutinizing cases more closely, launching requests for more information from companies requesting to hire foreign workers and denying more petitions.
The “Project 2025” manual, compiled by allies preparing for Trump’s potential transition to power, says the H-1B program should be transformed “into an elite mechanism exclusively for bringing the ‘best and brightest’ with higher wages while ensuring that U.S. workers are not being disadvantaged by the program.”
Companies in the areas of professional, scientific and technical services account for more than 60% of total visas granted, said Nicolas Morales, an economist in the research department at the Federal Reserve Bank of Richmond who specializes in labor and migration. Morales said he has found that the visa program has been beneficial for small businesses to stay in business.
“Winning the H-1B lottery really helps them. This increases their chances of survival,” he said. “In the next five years, they are more likely to remain active, especially small businesses that rely heavily on skilled labor.”
The orders require companies to demonstrate that they will provide foreign workers with the same benefits offered to U.S. workers and will pay more than they pay others with similar experience and qualifications or more than the typical wage for that type of occupation. Businesses must also notify workers about the deposit by posting a notice in two locations in the workplace.
Much of the criticism regarding the H-1B program concerns companies offering wages in the lowest wage categories to foreign workers. The request filed by Kushner’s investment company to hire a foreign employee appears to satisfy that complaint.
The Department of Labor certified a document where Kushner’s investment firm specified that it would pay this employee a salary of $200,000, which falls within the highest salary level for H-1B visas typically reserved for those who specialize in their area and have senior responsibilities. Recent data from US Citizenship and Immigration Services shows that the company has been approved for a visa.
Kushner did not join Trump’s campaign and has pursued his own business interests by applying for tourism projects in the Balkans.
