The debate over the H-1B visa programme in the United States has expanded beyond the technology sector, drawing attention to its growing use in public education. This shift came into sharper focus after data revealed that school districts are increasingly relying on foreign teachers to fill classroom vacancies, even as proposed policy changes threaten to make such hiring far more expensive and difficult.
A proposal that emerged during the Trump administration to drastically raise the cost of employing foreign workers has resurfaced, reigniting controversy in states like California. The plan seeks to impose a $100,000 fee on certain H-1B visa hires, a move that education officials warn could significantly worsen an already critical shortage of teachers. School administrators argue that the added financial burden would cripple one of the few remaining ways to staff hard-to-fill teaching positions. In response, California and several other states have challenged the proposal in court, suing the Trump administration over what they describe as harmful and impractical immigration restrictions.
The extent to which US school districts depend on the H-1B programme became evident after disclosures by California’s Department of Education. Data from the California Commission on Teacher Credentialing showed that more than 300 H-1B visa applications were filed by school districts during the 2023–24 academic year, roughly double the number submitted just two years earlier. This trend, highlighted by The Los Angeles Times, underscored how the visa programme—long associated with Silicon Valley and IT jobs—has become an important tool for addressing shortages in public education.
Supporters of stricter immigration policies, particularly those aligned with the MAGA movement, argue that the H-1B programme has strayed from its original purpose. They contend that it is increasingly being used to fill standard teaching roles that should go to American educators. However, since September, employers have been required to factor in the proposed fee on top of existing H-1B-related expenses, placing additional strain on public school systems that are already grappling with budget constraints and staffing challenges.
California’s teacher shortage has steadily worsened, pushing districts to turn more frequently to foreign hires. The majority of the roughly 300 H-1B applications in the state were for positions in dual-language education and special education—fields that have proven especially difficult to staff. According to the California Teachers Association, more than 32,000 classrooms in the state were staffed by teachers working outside their certified subject areas in 2025, while nearly 10,000 teaching posts remained vacant.
Teachers caught in the visa system have expressed frustration and uncertainty about their futures. Some educators on temporary visas have said that while states openly acknowledge the need for teachers, policy decisions make it increasingly hard for them to remain employed in the US. Others have described the proposed $100,000 fee as discriminatory, arguing that such costs unfairly target educators who are already filling essential public service roles.
The problem, however, is not limited to California. Nationwide, the teacher shortage has reached alarming levels. A study by the Learning Policy Institute found that every US state, along with Washington DC, is dealing with significant staffing gaps. These shortages have resulted in overcrowded classrooms and teachers being assigned subjects outside their expertise, undermining educational quality.
In response to the proposed visa changes, California joined 19 other states in filing a lawsuit in a US District Court against multiple federal agencies, including the Departments of Homeland Security, Labor, State and Justice. The states argue that the steep visa fee poses immediate risks to public-sector employers who rely on H-1B workers to fill long-standing labour shortages. They warn that schools, universities and hospitals—particularly in rural and underserved areas—would be hit the hardest.
California Attorney General Rob Bonta, announcing the legal action, said the state was going to court to protect residents’ access to quality education and essential services. He stressed that public institutions depend on skilled workers from around the world and that excessive visa fees would undermine their ability to serve communities effectively.
Research highlights the scale of the staffing crisis. As of mid-2025, the Learning Policy Institute estimated that nearly 46,000 teaching positions across the US were vacant. While this figure may appear small compared to the total teaching workforce of about 3.5 million, it conceals a deeper issue. More than 350,000 teachers were found to be teaching subjects for which they were not properly trained or certified.
Shortages are especially acute in subjects such as mathematics, science and physical education, with between 40 and 48 states reporting gaps in these areas. When vacant posts are combined with underqualified placements, analysts estimate a nationwide shortfall of more than 400,000 qualified teachers.
Low and declining pay has been identified as a major driver of the crisis. Studies show that teachers now earn significantly less than other professionals with similar education levels, and the pay gap has widened dramatically over the past two decades. Inflation-adjusted wages for teachers have stagnated or declined, while earnings for other college graduates have risen steadily.
The Covid-19 pandemic further exacerbated the situation, with teacher salaries falling sharply in real terms. At the same time, federal funding cuts have eliminated programmes designed to support teacher training and compensation, placing additional pressure on already strained school systems.
The shortage has had particularly serious consequences for STEM education and special education. Many schools struggle to recruit qualified teachers in these areas, leading to larger class sizes, heavier workloads for existing staff and declining student outcomes. Experts warn that continued shortages could reduce the number of students entering STEM careers, with long-term economic consequences.
Against this backdrop, the H-1B visa programme has emerged as a crucial stopgap for many school districts. Hundreds of districts across the country have relied on foreign teachers to keep classrooms running, especially in subjects where domestic recruitment has failed. However, the proposed $100,000 fee threatens to make this option financially unviable, particularly for rural and underfunded districts.
As the US continues to struggle with retaining and recruiting teachers amid stagnant wages and reduced funding, critics argue that restricting H-1B visas will only deepen the crisis. States like California maintain that limiting access to foreign educators removes one of the few remaining tools available to address chronic teacher shortages, potentially leaving thousands of classrooms without qualified instructors.
