Brad Smith rejects JD Vance's H-1B abuse charge against Microsoft

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Brad Smith rejects JD Vance's H-1B abuse charge against Microsoft

Synopsis

Microsoft President Brad Smith has gone directly at Vice President JD Vance, calling his H-1B abuse allegation 'completely off base' and warning that the US government's green-card freeze — which also ensnares Infosys, TCS, Wipro and HCLTech — could push the next generation of AI engineers to rival countries. The confrontation marks a rare, high-profile pushback by corporate America against the Trump administration's immigration crackdown.

Key Takeaways

Microsoft President Brad Smith called VP JD Vance's H-1B fraud allegation “completely off base” in an interview published 16 October 2025 .
The US Labour Department suspended PERM green-card filings on 8 October for eight employers , including Microsoft , Infosys , TCS , Wipro , and HCLTech .
Smith said 80% of Microsoft's roughly 6,000 H-1B applications last year were for existing employees, not new hires.
Microsoft hired more than 9,000 US-born workers last year, according to Smith.
No formal charges have been filed against any of the eight companies; no written suspension notice had been published as of 13 October .
India's External Affairs Ministry said the US steps “do not advance the shared ambitions of both countries.”

Microsoft President Brad Smith has dismissed Vice President JD Vance's allegation that the company abuses the H-1B visa programme as “completely off base”, warning that blocking skilled immigrants from obtaining green cards could damage the US technology sector for more than a generation. Smith made the remarks in an interview with Politico, published on Thursday, 16 October 2025, on the sidelines of an AI summit in Dublin.

Smith's Defence of Microsoft's Record

“Someone had failed to inform the vice president accurately about our numbers,” Smith said, pushing back on Vance's claim that Microsoft exploits the H-1B system to avoid hiring Americans at higher wages. He clarified that the “vast majority” of the company's green-card applications were for long-standing employees rather than fresh recruits, attributing the volume largely to the lengthy green-card backlog. “Unfortunately, it’s just because the green card backlog is so long,” he said.

Smith also flatly denied that Microsoft pays foreign workers less than their American counterparts. “It doesn’t matter whether you came on a visa or you’re an American worker, everybody has the same compensation system,” he said. He added that Microsoft hired more than 9,000 US-born workers last year, a fact he said had been “left out of the narrative.”

The PERM Suspension and Its Scope

The interview followed the US Labour Department's decision on 8 October to suspend permanent labour certification (PERM) filings by eight employers, including Microsoft and Indian IT majors Infosys, Tata Consultancy Services (TCS), Wipro, and HCLTech. PERM is the mandatory first step in most employer-sponsored green-card processes. Vance announced the suspension, accusing Microsoft of fraud and declaring it would “last as long as it needs to.”

Notably, no written Labour Department notice detailing the scope or duration of the suspension had been published as of 13 October, according to immigration lawyers. A department rule permits suspension of PERM processing for up to 180 days during a fraud investigation. As of that date, none of the eight companies had been formally charged.

The Irony of the Timing

Smith pointedly highlighted the timing of the suspension. It was announced on the same day that President Donald Trump awarded Microsoft CEO Satya Nadella — who himself once held an H-1B visa — the National Medal of Technology and Innovation. “We should consider the fact that when the president honored six Americans with these technology and science medals, five of the six had come to the United States as immigrants,” Smith said, urging policymakers to reflect on what those individuals had contributed to American prosperity.

Broader Implications for India and Global Talent

Indians constitute the largest group of H-1B holders and face the longest green-card waiting periods of any nationality. India's External Affairs Ministry said last week that the US steps “do not advance the shared ambitions of both countries,” a rare public signal of diplomatic friction over the issue.

Smith warned against “sending — intentionally or inadvertently or otherwise — signals that send the most talented next wave of AI [or] SI software engineers to other countries, rather than the United States.” In a statement released on 8 October, Microsoft disclosed that of approximately 6,000 H-1B applications filed in its last fiscal year, 80 per cent were to extend or change the status of existing employees rather than bring in new ones.

With the suspension still in place and no formal charges filed, the standoff between one of America's largest technology employers and the White House is set to intensify, with potential ripple effects for Indian IT firms and thousands of skilled workers already in the green-card queue.

Point of View

No charges, no defined endpoint. That ambiguity is itself a pressure tactic, creating compliance uncertainty for companies without the finality of a formal legal proceeding. Smith's public pushback is calculated: by invoking Satya Nadella's National Medal moment and the immigrant origins of five of the six medal recipients, he is trying to drive a wedge between Trump's personal instincts and Vance's punitive framing. For Indian IT firms caught in the crossfire — Infosys, TCS, Wipro, HCLTech — the stakes are existential in a different way: their US delivery model depends on rotating skilled workers through the H-1B pipeline into permanent residency. The silence from those companies, versus Smith's outspokenness, is itself a story about who has the political capital to fight back.
NationPress
16 Oct 2026

Frequently Asked Questions

Why did the US suspend PERM green-card filings for Microsoft and Indian IT firms?
The US Labour Department suspended PERM filings on 8 October for eight companies — including Microsoft, Infosys, TCS, Wipro, and HCLTech — after Vice President JD Vance alleged H-1B programme abuse and fraud. PERM is the mandatory first step in most employer-sponsored green cards, and the suspension can last up to 180 days under department rules during a fraud investigation.
What did Brad Smith say in response to JD Vance's allegations?
Smith called Vance's fraud allegation 'completely off base', saying the vice president had not been accurately informed about Microsoft's numbers. He stated that 80% of its H-1B applications were for existing employees, that the company hires thousands of American workers, and that its compensation system makes no distinction between visa holders and US-born staff.
Have any of the eight companies been formally charged with fraud?
No. As of 13 October, none of the eight companies subject to the PERM suspension had been formally charged with fraud, and no written Labour Department notice detailing the suspension's scope or duration had been made public, according to immigration lawyers.
How does the green-card suspension affect Indian IT workers and Indian firms?
Indians are the largest group of H-1B holders and already face the longest green-card waits of any nationality. The suspension of PERM filings directly halts the first step toward permanent residency for workers at the affected firms. India's External Affairs Ministry has said the US measures 'do not advance the shared ambitions of both countries', signalling diplomatic concern.
What is the significance of the timing of the suspension announcement?
The PERM suspension was announced on the same day President Trump awarded Microsoft CEO Satya Nadella the National Medal of Technology and Innovation. Nadella himself once held an H-1B visa. Smith highlighted this contradiction publicly, noting that five of the six medal recipients that day had immigrated to the United States.
Nation Press
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