Elon Musk’s recent post on X sent a strong message to his followers and critics. He said he was ready to go to “war.”

Which “war” do you ask?

The war over the ability to employ and bring immigrants to the United States through the H-1B visa program.

At a time when the United States’ immigration debate is gaining momentum in the press and on Capitol Hill, the public’s focus is almost unilaterally on border policy. But now a new perspective has come into the spotlight: the importance of immigration for US companies. More specifically, big business.

Companies, particularly those in Silicon Valley, have long struggled to employ more foreign-born workers in the U.S. by acquiring H-1B visas.

What is the H-1B visa?

The H-1B visa program was designed to allow employers to hire foreign-born professionals for jobs in the United States. These jobs must require specialized knowledge and at least a bachelor’s degree. Visas are usually valid for three years, but can be extended for up to six years.

The number of H-1B visas that can be issued annually is capped at 85,000. In 2020, the most recent year on record, the number of people applying for one of these coveted visas was 421,276. Applicants are selected through a lottery system, with suitable candidates often being rejected due to chance.

According to the latest data, 72% of recipients came from India, with China being the second most common country of origin with almost 12% of recipients. In Silicon Valley, the top tech companies – Amazon, Google, Microsoft and Apple – are also the top H-1B employers.

Because this program grants “nonimmigrant status,” it is not a path to permanent residency—although some recipients use a gray area to overstay or avoid the conditions. And it’s possible that Elon Musk himself was one of them.

Elon Musk is living proof of why diversity programs work

Elon Musk’s “war” is personal.

While here on an immigrant visa, he built his ideas, his businesses and his US empire.

Musk was born in Pretoria, South Africa, and received Canadian citizenship through his mother before moving to the United States in 1992 to study at the University of Pennsylvania.

His assertion that H-1B visas are essential because American culture and education, compared to other countries, do not emphasize success in science and engineering jobs does not sit well with everyone – especially those who have one want a stronger “America First” policy.

Where is this all leading? The issue may boil down to one question: Should these high-skilled, well-paying tech careers be opened to foreign-born nationals, or should these roles be filled by homegrown talent?

In a true meritocracy, where merit trumps all else, the H-1B visa program should not be lottery-based or capped by a quota. If we aim for a full meritocracy in our systems, the goal should be to level the playing field for the best available candidate. And progress in this area can be made by creating programs that engage and provide access to those who would not normally have an opportunity. And as we look at the results of such programs, we should not ignore that the H-1B visa program is an example of diversity, equity and inclusion.

DEI is not always about race or gender. It’s about Difference. And difference is a superpower if you know how to use it.

Perhaps this “war” will help shed some light on the fact that those who look different, speak with an accent, or come from a different culture may be the best people for the job based on their performance.