In order to temporarily work at an employer in a specialty occupation, each year the United States issues around 65,000 H-1B visas to foreign individuals under the Immigration and Nationality Act, section 101(a)(15)(H). This is a temporary visa, issued to people applying for a specialty occupation which requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. This visa is valid for three years and is extendable to six years. However, for a much longer stay in the US, the visa holder may need to reapply. According to norms, a person in H-1B status must continue to be employed by their employer in order to stay in H-1B status. If in any case, the person's employment ends, then he or she will have to leave the United States. However, if the person is granted a change of status or finds another employer compatible with the H-1B status, he or she can extend his or her stay in the USA. Among other changes, after the person's end of employment, a person is allowed a grace period of up to 60 days to stay in the United States under the United States Citizenship and Immigration Services rules. The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work. For those H-1B holders who want to continue to work in the US after six years, but who have not obtained permanent residency status, will have to remain outside of the U.S. for one year before reapplying for another H-1B visa. The H-1B season commences for the following federal fiscal year on April 1 and the employment authorizations are granted on October 1. Though the Immigration Act of 1990 established a limit of 65,000 foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year, an additional 20,000 H-1Bs are available to foreign nationals holding a master's or higher degree from US universities. Under the H-1B visa norms, employers must withhold social security and medicare taxes from the wages paid to employees in H-1B status. For people seeking to bring their immediate family members --spouse and children under 21 -- to the United States, they will have to apply under the H-4 visa category as dependents. An H-4 visa holder may remain in the US as long as the H-1B visa holder retains legal status and is allowed to attend school, apply for a driver's license, and open a bank account in the United States. In case if an employer lays off an H-1B worker, the employer is required to pay for the laid-off worker's transportation outside the United States. Also, if an H-1B worker is laid off or quits, the worker has a grace period of 60 days to find a new employer or leave the country. More
Indian-origin companies like Infosys and TCS were major players for the H-1B visa sponsorship, securing nearly 20 percent of the total approved visas in 2024, according to USCIS data.
With the numerous changes in the administration policies, it is believed that Trump's administration may go back to stricter regulations on foreign workers and a curb on immigration levels
For Q3, Infosys offshore employees made up 76 percent of the workforce while the rest were onsite.
There are plenty of shortcomings in the present H1-B visa rules including a lottery-based system and multiple applications for the same candidate, highlight experts.
Apart from helping you immigrate to another country, residency-by-investment visas can give your child much better opportunities than a student visa. These programmes can also give your family the right to live and work in that country.
As a result, many H1-B workers are forced to leave the country which could result in a loss of skilled labour for the United States, Ajay Jain Bhutoria told members of the advisory commission.
"Our data show that Indians requested to convert the classification of their current visa to an EB-5 visa at double the rate in 2022 versus 2021," said Peter Calabrese, CEO of the Wall Street-based CanAm Investor Services.
Surbhi Gupta, also a beauty pageant winner, said she had worked for over 15 years to build a life in the US.
President Donald Trump, in his June proclamation, banned the entry into the US of workers in several key non-immigrant visa categories, including the H-1B, arguing that they eat into American jobs during the COVID-19 pandemic.
CRISIL, however, said that the marginal impact will be over and above the up to 2.50 percent decline in IT firms' profits because of the COVID-19 pandemic.
After India, China is the second largest beneficiary at 13.2 percent.
The Trump administration’s crackdown on immigration has adversely affected Tata Consultancy Services, Infosys, HCL Technologies and Wipro.
India is one of the largest beneficiaries of H-1B. The move if implemented will have an impact not only in Indian businesses but also global companies that employ them
The lawsuit was filed in 2016 by a whistleblower alleging that the iPhone maker Apple and Indian IT company Infosys conspired to bring two Indian nationals for training on B-1 visa instead of more expensive H1-B visa.
In December 2018, the United States Citizenship and Immigration Services (USCIS) proposed reversing the process for H1-B selection favouring advance degree holders.
The H-1B visa is a non-immigrant visa through which many Indians workers are employed in US companies
The proposed regulation also aims to intensify efforts to crackdown on H-1B visa fraud, said Francis Cissna, US Citizenship and Immigration Services (USCIS) Director in a letter to Senator Chuck Grassley.
According to Nasscom, the proposed US Bill 'Protect and Grow American Jobs' is riddled with "onerous conditions" and places "unprecedented obligations" on both Indian IT companies and clients using H-1B visas.
Little has changed in the attitude of the US towards H-1B visa workers despite President Donald Trump’s assurance to overhaul the system
While the NASSCOM chief sees low growth for Indian IT companies in the current year, he expects some improvement in 2018.
Infosys is the largest employer of workers under the U.S. H1-B visa program for skilled workers, which has been under fire as the Trump Administration moves to tighten a range of immigration laws. Many large companies hire so-called outsourcing firms such as Infosys to manage their computer operations.
Infosys yesterday announced it will hire 10,000 Americans in the next two years and open four new centres in the US as part of efforts to mitigate the impact of H1-B visa curbs.
The industry body said that the high number of H-1B allotments to Indians was 'a testimony to the high skill levels of Indian-origin professionals', especially in the very coveted STEM skills category
Gopinathan favoured a policy of engagement with various stake holders on the issue of H-1B visas in the US. He noted that the discourse is currently driven by emotions rather than economy.