New H-1B Visa Rules 2025: How Will It Affect Indians?

The United States implemented major changes to its H-1B Visa programme, according to the US Department of Homeland Security (DHS). The new updates redefined eligibility criteria, introduced new measures to ensure transparency, and are expected to resolve various concerns. 

One of the significant updates is the elimination of the country cap on H-1B visas. The applicants will now be evaluated based on their merit and not nationality. Which may open gates for a more diverse range of skilled professionals in the US job market.

“These improvements to the programme provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue advancing American innovation,” said Alejandro N Mayorkas, Secretary of Homeland Security.

The update also clarified that "speciality occupation" needs a direct correlation between an applicant’s degree and job duties. It also added enhanced and mandatory E-verify registration for employers while hiring foreign professionals, increasing their compliance burden.

Speaking on the impact of the new Visa updates on Indians, Ketan Mukhija, Senior Partner, Burgeon Law, a law firm said, “The recent updates to the US visa system present both opportunities and challenges for Indian professionals; while the ability to renew H-1B visas domestically offers much-needed stability, increased scrutiny and higher salary thresholds may complicate the process for some applicants.”

In the last four years, over 78 per cent of the top-paid H-1B applicants (whose proposed wage rate exceeded $1 million per year) were from India. Additionally, more than 65 per cent of these high-paid H-1B applicants from India were sponsored by comparatively smaller companies in the US, as per The Hindu report.

“Clients are advised to prepare thoroughly for application changes, budget for rising fees, and strategically highlight qualifications, especially in STEM fields, to maximize their chances of success. As appointment slots increase and processing times are anticipated to decrease, managing client expectations remains crucial in navigating this evolving immigration landscape,” Mayorkas added.

Ankit Mehra, Ceo & Co-Founder Of GyanDhan, Education marketplace NBFC, said, “Often Indian applicants have to face long waiting periods due to annual per-country limits on employment-based immigrant visas. Recently for Indian applicants, the priority dates in the EB-2 category significantly moved from Aug 2012 to Oct 1 2012 in the January 2025 Visa Bulletin and then marginally to Oct 15 2012 in the February Bulletin leading to a longer waiting time.”

Speaking on the waiting time, Jyotee Naair, Founder of CareerVversity, an education consultancy firm, said, “It can be gradual with a decrease in the wait time with respect to the applications depending on the region. To manage clients we are flexible and quick with the news updates and have clear communication so that there is no communication barrier that breaks the transparency or the trust.”

Vice Chancellor, Sanjay Kumar at RV University, said, “Those individuals who have come as legal immigrants and are working on HIB visa should not be worried at all. Provisions are available to get conversion into a Green card and get citizenship if needed. Students who are not married and have no intention to seek a green card immediately or get citizenship in the USA should also not at all be worried. Students having F1 visas and applying for H1B visas, their F1 visa will get automatically extended till April 1 of the application year.”

Maintaining a wait-and-watch stance Piyush Kumar, Regional Director, South Asia, Canada and Latin America (LATAM), IDP Education,” said, “It is too early to determine if there is an impact of President Trump’s Executive decision to end birthright citizenship on Indian students planning to study in the US. The President’s decision has also invited legal challenges by various groups, so we need to wait and see how it unfolds.”

Raizing Global is Bharat S. Rai, said, "The recent updates, including the January 2025 Visa Bulletin, primarily benefit skilled workers, particularly those in STEM fields, as there is a continued focus on attracting talent in high-demand areas. However, individuals in family-based visa categories or those requiring extensive sponsorships may find the process slower and more challenging due to backlog and limited advancements in these categories."

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