H-1B visa: US diplomat moots pause in new issuances, wants stricter degree check amid ‘fake employment letters, bribery’

A visa officer highlighted the exploitation of the H-1B visa system, noting that many Indian nationals use fraudulent credentials to enter the US. The officer claimed that the surge in demand for H-1Bs has resulted in increased fraud and the displacement of qualified American workers in IT and STEM fields.

“Twenty years ago, I served as one of 15 junior visa officers at the US Consulate in Chennai. We adjudicated thousands of visas daily in an environment where 70–90% of applicants sought to exploit the non-immigrant visa system to live and work in the US illegally,” officer Mahvash Siddiqui was quoted as saying in a report by the Centre for Immigration Studies.

Mahvash Siddiqui is a US Foreign Service Officer with 21 years of experience in national security, foreign policy, and public diplomacy. She has served at US embassies across the globe. Mahvash possesses extensive experience in visa adjudications, including H-1B and other non-immigrant programmes.

What are the issues with H-1B?

Referring to specific issues of the H-1B visa system, she said, “While we could reject most fraudulent applications, H-1Bs were different: They came pre-approved by the Department of Homeland Security (DHS), making denials rare (~2 per cent). Revocations required laborious after-hours legal memos — work few had time for while processing 200 visas a day.”

H-1B visas have become a major loophole for many Indian nationals aged 20–45 to enter the US with fraudulent or exaggerated credentials, displacing qualified American IT and STEM workers, the officer noted. From 2005 to 2007, Chennai processed approximately 100,000 H-1Bs annually. Today, demand has surged to over 400,000 per year.

Use of fake degrees, forged bank details and more

Calling the fraud industrialised, the officer highlighted the growing use of fake degrees, false certificates and incorrect bank details. In Ameerpet, Hyderabad, entire markets offered fake degrees, forged bank statements, and counterfeit marriage and birth certificates.

Many H-1B visa applicants claiming computer science degrees lacked relevant coursework or programming skills; simple coding tests often revealed their lack of knowledge. Mahvash alleged that corrupt HR officials in India and the US helped produce fake employment letters, enabling underqualified candidates to bypass verification processes.

“A pervasive 'halo effect' favoured Indian applicants, compounded by bribery and cultural normalisation of fraud. In the US, some Indian managers created insular hiring networks, excluding Americans, protecting unqualified hires,” Mahvash claimed.

Meanwhile, American IT graduates, who undergo rigorous training programmes, found themselves unemployed or compelled to train their lower-paid H-1B replacements, she added.

A problem beyond the IT sector?

The problem goes beyond the IT sector. Indian medical graduates, many entering US residency programmes on J-1 visas, end up practising medicine in the country with skills that are lower than those of American-trained doctors, Mahvash alleged.

Issue with international students

International students use F-1 visas for academic studies in the US. They often transition to OPT and H-1B visas, leading to employment in IT companies via Indian connections, the officer noted.

“Similarly, F-1 visas allow international students to pursue academic studies in the US, often in elite Ivy League and other top universities. Many F-1 students later leverage Optional Practical Training (OPT) and H-1B visas to remain in the US, often being guided into IT companies via Indian networks,” Mahvash said.

What must policymakers do?

Highlighting the urgent need to address the H-1B issue, Mahvash listed six policy recommendations —

• Pause new H-1B issuances pending a full programme audit.
• Strengthen vetting — verify degrees, skills, and employment history rigorously.
• Prioritise US STEM graduates for hiring in sectors with available talent.
• Ban nepotistic/chain hiring practices that exclude Americans.
• Enforce penalties for fraud — recent prosecutions prove deterrence is possible.
• Expand site inspections to match programme scale and risk