New H-1B Bill Could Hit Indians Hard

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A new proposal in the United States is creating concern among thousands of Indian professionals and students. Texas Republican Congressman Chip Roy has introduced draft legislation aimed at significantly overhauling the H-1B visa program, one of the most popular pathways for skilled foreign workers to live and work in the US.

The H-1B visa is primarily used by highly skilled professionals, including software engineers, IT specialists, scientists, and researchers. Indian nationals make up the largest share of H-1B visa holders, accounting for nearly 70% of all approved beneficiaries. As a result, any major changes to the program could have a significant impact on the Indian workforce in the US.

Defending the proposal, Roy argued that the H-1B system has been misused for decades, allowing companies to prioritize lower-cost foreign labor over American workers. He claims the current system contributes to wage suppression and reduces opportunities for domestic STEM professionals.

One of the most significant changes proposed in the bill is the elimination of the current lottery-based selection process. Instead, visas would be awarded through a merit- and wage-based system, giving preference to higher-paid and highly qualified applicants.

The legislation also seeks to reduce the maximum H-1B visa duration from six years to just two years. In addition, applicants would be required to demonstrate their intention to return to their home country, effectively ending one of the visa program’s most important features — “dual intent.”

Under the existing dual-intent framework, H-1B holders can legally work in the US while simultaneously pursuing permanent residency through a Green Card application. This provision allows skilled workers to remain in the country during the often lengthy immigration process without jeopardizing their legal status.

The proposed bill would also eliminate extensions currently granted to workers waiting for Green Card approvals. This change could be particularly challenging for Indian professionals, who face some of the longest Green Card backlogs due to country-specific immigration caps. In many cases, the waiting period can stretch well beyond a decade.

Another major target of the proposal is the Optional Practical Training (OPT) program. OPT allows international students to work in the US after graduation while seeking employer sponsorship for an H-1B visa. Students with STEM degrees can currently extend their work authorization for up to three years, giving them valuable time to transition into long-term employment.

If OPT is removed, many international students — including a large number from India — could lose a critical pathway between education and professional employment in the US.

Despite the attention the proposal has received, it is still far from becoming law. The bill must secure majority support in both chambers of Congress and ultimately be signed by the President. Political observers note that such immigration reforms often face lengthy debates and significant opposition before advancing.

However, regardless of the bill’s immediate prospects, it highlights the growing scrutiny surrounding the H-1B program and immigration policies in the United States. For Indian professionals, students, and families with long-term plans in America, the developments serve as a reminder that immigration policy remains a constantly evolving and closely watched issue.


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