What is the new H-1B Visa Application Rules?
Employers will have to keep evidence of payment made in lieu of H-1B visa. During the visa process, the Secretary of State will confirm whether the payment was made or not. If the payment is missing, the petition will be rejected by the State Department or Homeland Security Department (DHS). This rule also affects those who are applying for H-1B visas from outside the US. If the required payment is not included in their application, it will not be approved. In rare cases only where it will be in national interest or exceptions will be considered.
Actually, the US has taken this step to strictly on immigration. This new order of Trump will affect more Indians. The reason is that most Indians get the benefit of H1B visa. The entry under the H-1B visa program will be limited until this application fee is paid. Last year, India got the most benefit from the H-1B visa. 71% of the beneficiaries were Indians, while China was second with 11.7%. The H-1B visa program is reserved for people working in particular businesses, often connected to the technology sector. These may include software engineers, tech program manager and other IT professionals.
Most of the Indian employers in the US are working in stem areas. According to the BBC’s 2023 report, about 65% of Indian H-1B visa holders work in computer-related jobs. The average salary for H-1B holders has been reported to be around $ 118,000 per year.
The Trump administration says that this rule is to prevent misuse of the H-1B program and protect American jobs. According to the order, some American workers in the IT sector have been replaced by cheap foreign labor. It is argued that keeping more money for H-1B visas will limit unnecessary applications and companies will be focused on American workers. The companies will be forced to appoint foreign workers only when it really feels the need. However, every company will now keep this huge amount in mind. However, critics believe that it can have a negative impact on the American economy, especially in industries that are heavy on global talent and especially on workers of India and China.
The US releases 85,000 H-1B visas through lottery system every year. With the new rule, many current and future visa holders can struggle to pay an annual fee. Its effect will be that they can lose job opportunities if their company does not decide to pay this fee. They may be forced to leave the US when unable to meet the new financial requirement.
This change for Indian students and recent graduates may mean less job opportunities, more financial pressure and limited opportunities to stay and work in the US after completing their studies. Although H-1B visa is temporary (valid for up to six years). Many visa holders use it as a passage for permanent residence (green card). The new fee can slow down or block that route for many people, especially for those who are starting their careers in America.