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H-1B Visa and Implications for Indians


Even before Donald Trump won the controversial U.S. election in 2016, H-1B visa was a popular topic of debate but his victory has added a new dimension to the debate because things that were previously only talked about are now becoming a reality. As scary as it sounds for some professional working in the U.S. or wanting to migrate to the U.S., the H-1B visa curbs, I believe that the U.S.’s attempt to safeguard the interest of its citizens. This blog will focus on the proposed curbs and how these will affect Indians.

An Introduction to the Protect and Grow American Jobs Act

There has been a rise in people voicing their concern over immigration laws that make Americans Republican Darrell Issa and Scott Peters have introduced a bill seeking amendments to the existing H-1Bvisa norms. The propositions are:

Visa Fees

There is news that the H-1B visa fees have been sharply hiked. While there are contradictions on the hike in the visa fees, the legal mandate requires that this amount needs to be paid by the employers and not the employees. In addition, the employer is not allowed to enter into any legal agreement with the employee seeking reimbursement of this fee for deducting the amount from the employees' salary. So, as far as visa fees are concerned, employees who are currently in the U.S. Potential candidates who are in or have a job offer need not worry as these costs will be borne by your employer.

Annual Package

The bill proposes that H-1B visas should be given to professionals with an annual package of 100,000 or more. That might be good news for companies offering specialized Software outsourcing services because the limitation might push companies to outsource work. That might also mean trouble for some Indian IT professionals because most of the professionals go to the U.S. at a far less salary package and therefore they will not be eligible for the H-1B visa if the proposed bill is passed.


The bill proposes exclusion of the Master’s degree requirement. The purpose of this proposal is to eliminate the need for additional paperwork and to get rid of dubious efforts where applicants obtain a degree for exemption only without any value. This can be good news for some and bad for some. While most Indian aspirants who apply for H-1B visas have a Master’s degree, many do not possess one. The elimination of this requirement would increase the number of applicants and might make the process and competition tougher.

H-1 B Visa Curbs

Importance of H-1B Visa

While reading the above pointers, a thought that would cross your mind would be why so much fuss about the H-1B visa. There are other visa options, but the most attractive aspect of H-1B is that it allows the visa holder to apply for a green card while working in the U.S. whereas other immigration visas require the applicant to maintain residency in the native place. Another point is that there is a limit to the number of H-1B visas issued every year. And, at present, the limit is 85,000. With lakhs of aspirants from around the world, the reasons for rejection can be minor issues.

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