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Why Microsoft Says 80% of Its H-1B Filings Were for Existing Employees

Microsoft says most of its H-1B applications were for current employees, not new hires. Here’s what the figure does—and doesn’t—show about Vance’s accusation and green-card processes.
From TheFinanceBase Team3 min to read
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Microsoft says about 80% of the roughly 6,000 H-1B applications it submitted in the prior fiscal year were to extend or change the status of employees already working for the company—not to hire new people. It made that statement on October 8, 2026, in response to Vice President JD Vance’s criticism of its foreign-worker programs. The figure is Microsoft’s account, not an independently audited count.

What Microsoft said about its H-1B filings

In its October 8 statement, Microsoft said that approximately 6,000 H-1B applications it submitted in the last fiscal year included applications to extend or change the status of existing employees. The company characterized those filings as 80% of the total. The remaining filings for new employees, it said, concerned people already legally in the United States and represented 1% of its U.S. workforce. Microsoft did not provide an independently verified accounting in the cited material, so these figures should be understood as the company’s claims. Microsoft’s statement

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An extension or change-of-status filing is not the same thing as a new hire. Microsoft’s explanation is that most of its applications related to people who were already employees, while the smaller remainder related to prospective employees already in the country legally. The company’s figures alone do not establish how many applications were approved or how many people ultimately began new jobs.

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What Vance accused Microsoft of—and what the figures show

Vice President JD Vance announced a suspension affecting Microsoft’s participation in a green-card-related program and criticized the company’s use of foreign-worker programs, according to the Associated Press. AP reported that Vance cited 6,000 U.S. layoffs, 6,300 H-1B visas and nearly 3,000 green cards, and alleged that Microsoft replaced American workers with foreign workers. Those totals and the replacement allegation are attributed to Vance in AP’s account; they are not an independent reconciliation of Microsoft’s hiring, immigration filings and layoffs. Associated Press report

Microsoft’s response disputes the implication that its H-1B filings simply represent new hires replacing U.S. workers: it says four-fifths concerned current employees, and that the new-employee filings involved people already legally in the United States. But neither set of figures proves or disproves a direct connection between particular layoffs and particular hires. Establishing replacement would require evidence such as job- and role-level comparisons that the cited reporting does not provide.

H-1B work authorization and PERM are different processes

The controversy can be confusing because H-1B filings and green-card-related labor certification are sometimes discussed together. They are not interchangeable: H-1B is a temporary, nonimmigrant work classification, while PERM is generally a labor-certification step in an employer’s process to sponsor permanent employment. A filing in one process does not by itself establish an outcome in the other.

Process Purpose and agency role What the filing or certification establishes
H-1B Temporary work classification for qualifying specialty occupations. The Department of Labor handles labor-condition attestations; employers also file petitions with U.S. Citizenship and Immigration Services. It is part of a process for temporary work authorization, not a green card. DOL describes specialty occupations as requiring specialized knowledge and generally at least a bachelor’s degree or equivalent. Department of Labor H-1B overview
PERM Permanent labor certification handled by the Department of Labor; in most cases it precedes an employer’s immigrant petition to USCIS. DOL assesses whether sufficient able, willing, qualified and available U.S. workers exist for the job, and whether employing the foreign worker would adversely affect wages and working conditions for similarly employed U.S. workers. Certification is a step, not permanent residence itself. Department of Labor PERM overview

For H-1B employers covered by the wage rules, DOL says the required wage must be at least the higher of the actual wage paid to similarly experienced and qualified workers or the prevailing wage for the occupation and area. This general requirement does not independently verify Microsoft’s company-specific statements that it pays H-1B employees the same as comparable colleagues or that its wages rank among the highest in H-1B filings. Department of Labor H-1B wage fact sheet

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What is—and is not—established about the suspension

AP reported Vance’s announcement of a suspension affecting Microsoft’s access to a green-card-related program. The cited material does not include an official order or government notice specifying the suspension’s legal scope, duration, effective date or review process. Without that instrument, it is not possible to state precisely which filings or steps are affected or what remedies may be available. The announcement should not be treated as a confirmed blanket suspension of Microsoft’s H-1B program.

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