WASHINGTON, D.C. — In a series of significant policy shifts, the United States is tightening its non-immigrant work visa regulations and immigration filing rules. The recent moves by the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have raised widespread concerns among foreign talent, particularly Indian tech professionals who form the largest segment of the H-1B workforce.
Key Policy Changes Affecting H-1B Holders
Several major administrative proposals and regulatory updates are reshaping the U.S. employment-based immigration framework:
Proposal to Eliminate the 60-Day Grace Period: DHS is currently reviewing a rule that could strip away the 60-day grace period for foreign workers following a job loss. Under current rules, laid-off H-1B holders have 60 days to find a new employer or change their visa status. Eliminating this buffer could force workers to leave the U.S. almost immediately after termination.
Strict Application Denials Without RFEs: USCIS issued updated guidance allowing immigration officers greater discretion to deny petitions—including Green Card and H-1B applications—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny if initial paperwork is incomplete.
Increased Fees for Visa Extensions: Employers are facing higher costs as the U.S. expands mandatory biometric fees ($4,000 for H-1B and $4,500 for L-1) to include routine extension filings.
Why Indian Professionals Are Particularly Vulnerable
Indian nationals account for roughly 70% to 71% of all approved H-1B petitions annually. Due to country-based caps on employment-based Green Cards, hundreds of thousands of Indian workers face decades-long wait times for permanent residency.
Because Indian talent relies heavily on continuous H-1B renewals while waiting in the Green Card queue, higher employer fees, strict paperwork scrutiny, and potential job-loss risks create unprecedented uncertainty for foreign professionals and their families residing in the U.S.
📌 Current Status: While the RFE guidance and extension fee expansions are active policy updates, the proposal to end the 60-day grace period is still under official federal review and has not yet been enacted into law.
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