Big changes in the H-1B visa program and the issuance of green cards can be expected soon. U.S. Commerce Secretary Howard Lutnick, in an interview with Fox News host Laura Ingraham, said “I’m involved in changing the H-1B program. We’re going to change that program… We’re going to change the green card.”
On his X handle, Lutnick wrote – The current H1B visa system is a scam that lets foreign workers fill American job opportunities. Hiring American workers should be the priority of all great American businesses. Now is the time to hire Americans.
Earlier this month, Bloomberg Law reported that in its most recent regulatory agenda, the Department of Homeland Security stated that it intends to present a proposal in August to fix the allotment of H-1B specialized occupation visas on wage-based levels for available positions.
New Wage-Based H-1B Selection
The H-1B visa rules for hiring foreign workers in US firms are expected to undergo significant changes in the near future. The US is expected to introduce a new wage-based system to reform the H-1B selection process.
The New Wage-Based System plans to establish a wage-based allocation process and choose H-1B candidates based on their earnings; the higher the compensation paid by the US firm, the better the chances of obtaining an H-1B visa.
The H-1B visa program, despite criticism from Americans for allegedly allowing foreign workers to take over jobs, is highly popular outside the US, as it provides thousands of foreign workers with opportunities to work in top US companies.
But unlike other work visa schemes for non-immigrants in US, the H-1B visa enables companies and other employers in the United States to temporarily employ foreign workers in occupations requiring the theoretical and practical application of a body of highly specialized knowledge, as well as a bachelor’s degree or higher in a directly related specific specialty as a minimum for entry into the occupation in the United States.
H-1B, Green Card Indians on Target
President Trump’s second term has exacerbated issues for Indians, as the Trump administration heavily targets immigrants in America, identifying and deporting illegal immigrants and imposing action on many legal migrants.
The Trump administration’s immigration crackdown has affected the Indian diaspora, including Indian green card holders, H-1B holders and students studying in the US, who are experiencing increased pressure and discrimination. A Green Card, officially known as a Permanent Resident Card, allows an individual to live and work permanently in the United States
Many Americans are urging the termination of the H-1B program, accusing it of being a conspiracy by tech companies to hire only Indians, citing past instances of H-1B selection process abuse. Indian skilled workers received 72.3% of all H-1B visas issued between October 2022 to September 2023.
H-1B Visa Cap
Congress sets an annual cap of 65,000 for H-1B visas, with an additional 20,000 for those with a U.S. master’s degree or higher, totalling 85,000 for each financial year. USCIS could rank H-1B visa applications based on wage, prioritizing the highest-paid applicants until the annual cap is filled. The wage-based system could be introduced for the Fiscal Year 2027 H-1B filing season starting in March 2026, if approved and implemented in the coming months.