H-1B visa update: Cap exemptions may be limited, wage and specialty roles under scrutiny

The Donald Trump-led administration has introduced several changes in the H-1B visa process in the last few weeks. According to Newsweek, more reforms may be introduced in the coming days. The White House's advanced restrictions aim to reduce the number of skilled laborers from outside the US.

Earlier this month, US President Donald Trump signed an executive order imposing a $100,000 application fee on all H-1B visa applicants. It was later clarified that this one-time fee would apply only to new visa holders who are in the process of filling out their applications.

The recent decision by the White House has caused panic among many, including US firms and universities, which are now advising their students and employees to postpone travel plans. Recently, the University of California advised faculty and staff to keep travel plans on hold amid H-1B chaos.

New H-1B visa restrictions: What are they?

Newsweek analyzed documents listed in the Federal Register for the H-1B Non-immigrant Visa Classification Program to understand the new key changes proposed. As per the document, the requirement for specialty occupations could be tightened. This is not a new proposal. Earlier in 2020, the Trump administration suggested that an individual's qualifying job should match a degree in a specific specialty.

Another requirement could introduce a review process through which employers could be exempted from the annual cap. At present, several NGOs, universities, and health care institutions benefit from such exemptions.

Moreover, there could be tighter oversight for companies that hire H-1B workers at the worksite of other firms. In addition, companies may face more scrutiny if they are found violating wage or labor rules, which in turn may require many to reapply for H-1B visas.

Also Read: H-1B visa fee shock: Business groups warn Donald Trump, cite risks to US economy

How do H-1B visa restrictions affect Indians?

The H-1B visa program was introduced to allow US companies to hire foreign nationals in “specialty occupations”. Currently, there are 65,000 H-1B visas issued every year, reports Newsweek. Individuals who obtain their higher degree from the US are eligible to apply for another 20,000 slots.

It allows many tech experts, doctors, and other STEM aspirants to seek jobs in the US. However, imposing restrictions would lower the chances of many moving to the US, thus affecting their plans.

Also Read: Trump to sell student loans to private market? Here's what it means for borrowers

FAQs

What is the new fee for H-1B visa applicants?

A $100,000 one-time fee has been announced for new H-1B visa applicants.

Who will be affected by the new H-1B restrictions?

Skilled foreign workers, especially in tech and STEM fields, may face tougher entry.

Are universities and NGOs still exempt from the H-1B cap?

New reforms may tighten or review current cap exemptions for such institutions.