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H-1B applicants will face a difficult year, as political resistance to visas is reinforced by a series of actions by the U.S. administration.
Monday, the U.S. Embassy in India job on
The U.S. Department of Labor last week proposed a wage protection law, which experts say could deter companies from sponsoring H-1Bs for their employees.
This “would significantly increase the prevailing wage for all H-1B holders,” Manish Daftari, a partner at immigration consulting firm Vialto Partners, told CNBC. He added that “companies will most likely reduce the number of H-1B sponsorships” once this rule is implemented.
Additionally, a proposal from the Department of Homeland Security for a weighted selection rule that gives priority the highest paid workers in the H-1B lottery selections are would have in the final stages of the examination.
“These rules could make the H-1B largely inaccessible to recent graduates and early-career professionals, even if they work in emerging or critical fields,” warned Cecilia Esterline, senior immigration policy analyst at the Niskanen Center.
Any changes to the H-1B rules will likely disproportionately harm Indians, as they dominate the program, accounting for more than 70% of beneficiaries in recent years.
Amazon, Meta, Microsoft, Tata Consulting ServicesAnd Google are the top five employers sponsoring H-1B visas, according to data U.S. Citizenship and Immigration Services.
“If either or both rules are implemented, there could be some job losses, but the biggest impact will likely be that companies stop sponsoring H-1Bs for their employees,” Daftari said.
H-1B disruptions
Many H-1B applicants are already facing significant delays as U.S. consulates in India reschedule visa appointments to comply with welfare screening requirements.
The postponement of appointments that occurred over the past two weeks – often without notice – “created substantial disruptions in people’s ability to return to the United States,” Daftari said.
Most appointments from December and January were rescheduled for March and April, with some even pushed back to August, he said.
The U.S. Department of State conducts social media reviews of all H-1B and H-4 applicants worldwide as part of standard visa screening.
The goal of social media screening is to identify security threats and discrepancies in candidate information, such as differences in job titles on LinkedIn, but experts have questioned the need for further review for all candidates.
Applying social media review to all cases, including reapplying, “is an ineffective and possibly ineffective policy” that could create “delays for American employers and consumers,” Esterline said.
Political nuances
Visa applicants will face increased challenges next year as new policy changes take effect.
“Most of these policies seem to be aimed at appeasing domestic political voters,” said Amitendu Palit, a senior fellow at the Institute of South Asian Studies. He noted that there could be a possible workaround for some of these rules, as the need for “American technology skills is non-negotiable.”
US Vice President JD Vance said on Sunday that his government had moved to “restrict H-1B visas” because he believed it was wrong for companies “to bypass American labor simply to opt for cheaper options in the third world.”
Vance was most likely referring to US President Donald Trump’s decision to increase H-1B visa fee to $100,000 for new applications.
Although these restrictions have caused a to slow down in hiring and narrowing the talent pipeline, they also had the desired effect as companies explored ways to upskill their existing workforce and create new talent pipelines to US universities and large corporations.
But decisions to charge high fees for H-1B visas have also drawn backlash from industries and policymakers.
In October, the American Chamber of Commerce filed a lawsuit against the Trump administration for imposing a $100,000 fee for H-1B work visas.
Earlier this month, the New York Times reported that attorneys general in 20 states, including California and New York, had continued the Trump administration for raising H-1B visa fees.
“This administration has taken advantage of legitimate concerns about the H-1B to justify a comprehensive approach to limiting access to the H-1B,” Esterline said.
