
BENGALURU: Ever since the announcement of the H-1B visa reform programme, foreign talent, especially Indians studying or working in the US have been concerned about uncertainties, and with US President Donald Trump’s executive order on birthright citizenship, concerns are now growing among visa holders.
Who can apply for H-1B visa?
Through this programme, US employers can hire foreign workers in specialty occupations. According to US Citizenship and Immigration Services (USCIS), the specific duties of the offered position are so specialised, complex or unique that the knowledge required to perform them is associated with the attainment of a US bachelor’s or higher degree.
“One thing is certain, the recent H-1B visa reforms will make a significant impact on how foreign talent, particularly from India, will navigate the US job market. The new rules are designed to streamline the application process and enhance flexibility for employers. This means that companies can now more easily retain skilled workers who are crucial for their growth and innovation,” says Somdutta Singh, Founder and CEO Assiduus and Investor with Karma Holdings.
Interestingly, Indians are the biggest beneficiaries of this visa programme, and top Indian IT firms heavily rely on H-1B visas. According to USCIS, Amazon is the top beneficiary with 9,265 visas, followed by Infosys with 8,140 visas for the fiscal year ended September 30, 2024. Out of the total 1.3 lakh visas issued, close to 24,766 visas were issued to Indian-origin firms. With a new registration process that has been put in place, experts believe it will improve the transition process for F-1 visa holders (US student visa) moving to H-1B status.
About 85,000 (65,000+ 20,000 additional visas) H-1B visas are issued each year. Apart from a base filing fee of $460 for H-1B petitions, employers also pay anti-fraud fees and premium processing fees, among others. Usually, H-1B status is valid up to 3 years and also extendable up to another 3 years. A H-1B visa holder can work till six years.
After six years, the employer can submit again a petition with a request to extend one’s status. Also, the proposed changes in the new programme can raise the minimum salary requirement of visa holders from $60,000 to over $1,20,000.
“With automatic cap-gap extensions, students will no longer face the anxiety of losing their lawful status while waiting for their applications to be processed. This is a game-changer for many international students who aspire to build their careers in the US. Moreover, the revisions to what constitutes a “specialty occupation” are noteworthy.
The updated criteria ensure that there’s a clear connection between job duties and required degrees, making it easier for both employers and applicants to understand eligibility. This clarity is essential in preventing confusion and ensuring that qualified candidates can secure positions that match their skills,” adds Singh.
For entrepreneurs, those who own a majority stake in their companies can now self-petition for H-1B visas under stricter conditions, allowing them to pursue their business ventures more freely. “With the Trump administration’s policies, particularly regarding H-1B visa regulations, the global talent landscape has shifted notably,” says Dhriti Prasanna Mahanta, VP, TeamLease Degree Apprenticeship.