H1B Issue

The H-1B visa program is currently facing several significant "issues" due to recent policy shifts and administrative backlogs, particularly impacting Indian professionals.

1. Massive Interview Backlogs in India

As of early 2026, U.S. consulates in India (New Delhi, Mumbai, Chennai, Hyderabad, and Kolkata) have reported that regular H-1B visa interview slots are unavailable until 2027. This unprecedented delay is attributed to:

• Mandatory Social-Media Screening: New rules introduced in December 2025 require detailed vetting of applicants' social media history, which has significantly slowed processing capacity.

• End of Third-Country Stamping: U.S. authorities have reportedly discontinued the option for Indians to get visa stamps in third countries like Canada or the UAE, forcing all applicants back to the five Indian consulates.

2. The $100,000 "Entry" Fee

A Presidential Proclamation effective September 21, 2025, introduced a mandatory $100,000 fee for certain new H-1B petitions.

• Who pays: It primarily applies to beneficiaries outside the U.S. who require consular notification (first-time applicants from abroad).

• Who is exempt: Current USCIS guidance states that internal "change of status" filings (e.g., for F-1 students already in the U.S.), visa extensions, and amendments are generally exempt.

3. Shift to Wage-Weighted Lottery

Starting with the FY 2027 cap season (registration in March 2026), the traditional random lottery is being replaced by a weighted selection system.

• Mechanism: Selection will favor higher-paid and more skilled applicants. The number of "entries" a beneficiary gets will correspond to their Department of Labor wage level (Level IV gets 4 entries, Level I gets only 1).

4. Legislative and State-Level Challenges

• Bill to End H-1B: A new bill (the "EXILE Act") was introduced in the U.S. Congress in February 2026 aimed at ending the H-1B program entirely.

• Texas Freeze: Governor Greg Abbott has directed all Texas state agencies and universities to freeze new H-1B petitions and review current use of the program to prioritize local workers.

5. Increased Scrutiny and Denials (221(g))

Immigration lawyers report a sharp rise in Section 221(g) notices, which place applications into "administrative processing" for additional vetting. This often involves requests for years of social media history, medical reports, or detailed employer-employee relationship evidence.

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Source : AI Version from Google