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H1-B visa registrations set to open under cloud of uncertainty
This article was originally published in Rest of World, which covers technology's impact outside the West.
The US will open registrations for the highly sought-after H-1B visa in about a month. Each year, the visa category receives over five times as many applications as the number of visas available. Companies that rely on H-1B to bring staff to the US start preparing for these applications months in advance.
But this time, it's different.
The coveted US H-1B visa – once considered a quick ticket to the American dream – has had a tumultuous few months.
Since September last year, President Donald Trump has announced several changes to the visa category, which allows highly skilled immigrants to live and work in the US for up to six years. From higher costs to increased scrutiny in the process, the uncertainty has made applicants and companies wary.
Rest of World spoke to leading immigration lawyer Poorvi Chothani to understand the behind-the-scenes challenges of getting an H-1B visa in 2026.
Chothani, founder of global immigration law firm LawQuest, has 23 years of experience with H-1B visa applications. She shares details about dwindling new applications and rising uncertainty.
This conversation has been edited for clarity and brevity.
How are your clients navigating the challenges within the H-1B process in 2026? And are you more or less confident about getting visa approvals this year?
We are uncertain how many clients will opt for H-1B visas and how many cases each will file for. Clients are in a dilemma. They're doing cost-benefit analysis and trying to understand how to fit their employees within higher wage levels to have a better chance at the weighted selection process while complying with the law. Even our main clients have not given us any numbers this time. Usually by now, we'd have their lists.
More visas are being denied, and many are put on hold for extra scrutiny. There is social media vetting and discretionary denials.
Then there is public charge vetting, where a visa officer checks whether the person they're interviewing will be a risk or a burden on the US government. This could mean that if a candidate is obese or has asthma, the officer can refuse their visa because they will use US resources for their health.
What is the biggest apprehension for companies?
They have to be very careful so that they don't trigger the $100,000 fee. The executive order imposing the fee is only valid for a year. But there's no stopping [Trump] from renewing it.
Is it easier for companies to just hire within America?
We are telling our clients that they need to be very careful even when they are offering jobs to people within the US. That's because when you file a change-of-status or change-of-employer petition, you don't have to pay the $100,000 fee.
But if there's something in the candidate's personal background, like a drunk driving case or a criminal record or a period of unlawful presence, United States Citizenship and Immigration Services will approve the petition, but then say this person needs to go for consular processing, and that would trigger the $100,000 fee.
Since the fee doesn't apply to international students on F-1 visas changing status or H-1B workers switching jobs, is it better to hire talent from these groups?
Our clients are encouraging their business heads to identify foreign students who're graduating from university, because at least that won't trigger the $100,000 fee. But with the new lottery criteria, their chances of selection are very low.
Companies are scared of poaching, too. Our clients ask us if they will have to pay the $100,000 fee if they poach talent. While we tell them that they won't have to pay that fee, we do remind them that they will also be victims of poaching by other companies.
With the H-1B under fire, are other visa categories becoming more popular among your clients?
Many companies are trying to use O-1 or L-1 visas for specialised knowledge workers or managers, but I don't think that's a good strategy. Everyone who would qualify for an H-1B does not qualify for L-1, and trying to fit them into that is like fitting a square peg into a round hole.
I always say that whatever we do now is coming back to bite us. Overuse of the H-1B has come back to bite us. If we overuse the O-1 or L-1 categories, authorities are going to clamp down on those, too. It'll just take one letter from the president, one executive order. But then companies don't understand. They're axing their own foot.
Is misinformation about the rapidly changing H-1B rules hurting applicants?
There are Instagram influencers who're saying, “I got my O-1 visa or EB-1A or Einstein visa, and this is how you can do it.” That's all misuse of the system.
If you falsely enhance your profile and get an EB-1 approved, you are going to get tripped up with misrepresentation and fraud. But this is the current trend. Influencers, consultants, and agents are bypassing real lawyers with real knowledge.
Are Indians, who comprise three-quarters of the H-1B pool, still vying for the visa?
India has so many people who are qualified, and I don't think we have the ecosystem to absorb all of them. There is still a glitter and a glamour about America and American life. So I would say for every one person that doesn't want to go, there are nine people who are still seeing the American Dream.
This article was originally published in Rest of World, which covers technology's impact outside the West.
Source: Scroll
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