The Trump administration is reportedly considering tightening the reins on the H-1B visa program, a move that could significantly impact Indian tech workers. This comes amidst a broader push to prioritize American workers and discourage the hiring of foreign talent.
During an AI summit in Washington, D.C. on July 23, 2025, President Trump directly addressed tech giants like Microsoft and Google, urging them to focus on domestic job creation rather than hiring abroad, particularly in countries like India. He stated that many tech companies have reaped the benefits of American freedom while building factories in China, hiring workers in India, and slashing profits in Ireland. He also accused them of dismissing and censoring their fellow citizens.
The potential changes to the H-1B visa system could involve replacing the current random lottery system with a points-based model. This new model may favor elite candidates and larger companies, potentially sidelining smaller businesses and recent graduates. Given that over 70% of H-1B visas are awarded to Indian nationals, these changes could disproportionately affect Indian tech workers.
Adding to the uncertainty, there are reports of H-1B visa holders receiving deportation notices, even within their legal grace period after job loss. Immigration lawyers have raised concerns about these "Notices to Appear" (NTAs), which initiate deportation proceedings, being issued despite individuals maintaining legal status. This contradicts existing U.S. Citizenship and Immigration Services (USCIS) guidance and creates significant anxiety for visa holders and the businesses that rely on their skills.
According to a partner at Greenberg Traurig LLP, NTAs are being issued to people who may not be in non-immigrant status. A non-immigrant refers to the temporary stay of foreign nationals for specific purposes. Reportedly, a new USCIS policy memo released in February 2025 expanded the situations in which an NTA can be issued.
In cases where an H-1B visa holder loses their job, they are typically allowed a 60-day grace period to find a new employer, switch to another immigration status, or leave the U.S. voluntarily. During this period, they are legally present in the country. However, the issuance of deportation notices during this grace period has sparked alarm and confusion.
Akshat Shrivastava, an investor, pointed out that the issue goes beyond U.S. immigration policies, highlighting the role of India's economic policies. He cautioned Indian students aspiring to study in the U.S. that times are becoming more difficult, with AI potentially displacing jobs typically held by immigrants. Shrivastava also suggested that internal economic policies in India contribute to the problem, as excessive taxation and a lack of focus on economic growth push talent to seek opportunities abroad.
The annual quota for new H-1B visas is currently capped at 85,000. In 2024, Amazon reportedly led the list of companies receiving H-1B visa approvals, followed by Infosys, Google, Meta, Microsoft, and Apple. A crackdown on H-1B visas could put these tech companies in a difficult position. The U.S. government has also revoked hundreds of visas and paused green card applications recently, leading companies to caution employees against international travel.
