Immigration: How Will the US H-1B Visa Cap Affect Indians?

The US is reaching its H-1B visa cap for the year 2021. India is the biggest beneficiary of this program, with over 72% of total visas. Indian companies like TCS, Infosys, Wipro, and Tech Mahindra are among the major recipients of H-1B visas. With these Indian companies accounting for more than 70% of all H-1B petitions approved in 2015, what will happen to Indians who need to relocate to their home country?

What is the H-1B Visa Cap?

An H-1B visa is a non-immigrant work permit for a foreign worker to continue working in the United States. The yearly limit on this visa is 65,000, while there are some exemptions for certain cases. This number of visas allowed has created a problem for some Indian companies who have been unable to get their employees into the US. 

How Will the US H-1B Visa Cap Affect Indians?

A new bill has been introduced by a bipartisan group of senators that would triple the number of H-1B visas available to highly skilled Indian immigrants. These visas are capped at 65,000 per year, but many have been sent back due to the high demand.

What Can Indians Do to Avoid This Issue?

This is a problem that has been looming for some time now. The H-1B visa program cap was raised from 65,000 to 85,000 this year, and it will be very soon before we know what will happen. Indians with a master’s degree in the STEM field have an advantage as they are exempt from the cap.

Who is exempt from the H-1B cap?

Petitions for H-1B employees who were previously counted against the cap and can still use their cap number are exempt from the cap for FY 2021. It is expected that the USCIS continues to examine petitions that seek to extend the length of time an H-1B worker could stay in the US and change the conditions of employment for H-1B employees.

How long has the lottery system been in place?

The Biden administration in the month of March announced that it would delay the H-1B policies of the prior Trump administration regarding the distribution of popular foreign work visas by maintaining the lottery system up to December 31 of 2021 to allow the immigration department the time to design tests and then implement modifications to the registration process.

 On January 7, the USCIS announced it would end the traditional lottery system for determining successful applicants for H-1B visas. The rule of the Trump era was set to be in force on March 9.

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