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Why US H-1B Rule Change Is Worrying Indian Tech Workers And Diaspora Families
Why US H-1B Rule Change Is Worrying Indian Tech Workers And Diaspora Families
The final rule, published in the Federal Register, allows H-1B cap and advanced degree selections to be made in a “weighted manner based on the wage level listed in each H-1B registration”, linked to the salary offered by the prospective employer.
A major change to the United States' H-1B visa selection process has sparked concern among Indian technology professionals and Indian American families, after the Department of Homeland Security (DHS) confirmed that future selections will be weighted by wage levels rather than relying solely on a random lottery.
The final rule, published in the Federal Register, allows H-1B cap and advanced degree selections to be made in a “weighted manner based on the wage level listed in each H-1B registration”, linked to the salary offered by the prospective employer.
Indian nationals, who make up a significant share of H-1B approvals and face the longest employment-based green card backlogs, are closely watching the shift, which could reshape access to jobs in the US technology sector.
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DHS said the change aims to address shortages in roles requiring highly skilled workers, while protecting domestic wages and employment opportunities. The department said the rule would prevent what it described as the “continued abuse of the H-1B programme to displace and otherwise harm US workers”.
During the public consultation process, employers, startups and academic institutions warned that H-1B professionals “drive innovation, productivity growth, and entrepreneurship”, and that international students make a vital contribution to economic growth. Several submissions argued that startups and smaller firms may struggle to compete if higher salaries become the main selection factor.
One comment noted that startups depend on the programme to recruit workers with “niche expertise”, cautioning that making the system “more expensive and difficult to use” could weaken US leadership in technology and innovation.
DHS dismissed those concerns, saying the rule would not restrict access to international talent. “Rather than limiting access to international talent, DHS believes that this rule will facilitate employers of all types and sizes to attract and retain highly skilled and highly paid aliens,” the department said.
The agency cited studies questioning the existence of a STEM labour shortage, pointing to higher unemployment among recent US computer science graduates and stagnant or declining real wages in related fields. It added that discouraging the hiring of lower-paid foreign workers could benefit American workers who are “currently unemployed or underemployed”.
Critics, however, said the policy adds uncertainty to an already complex immigration pathway. Many Indian nationals arrive as students, move on to Optional Practical Training, and depend on H-1B sponsorship to remain in the country while waiting years — sometimes decades — for permanent residency due to per-country caps.
Indian American respondents said a wage-weighted system could favour large corporations with deeper financial resources, while disadvantaging early-career professionals, research institutions and startups where many foreign workers begin their careers.
The final rule also addresses concerns over process integrity, including wage manipulation, inconsistencies between registrations and petitions, and multiple filings by related entities. DHS said the amendments establish clearer legal standards and reduce the risk of litigation.
The department confirmed that the rule complies with civil justice reform guidelines and does not require additional environmental or tribal consultations.
Indian Americans, many of whom are US citizens with relatives on work visas, warned that the changes could affect more than employment prospects, potentially influencing family stability, housing decisions and long-term plans to settle in the United States.
(With IANS inputs)
Source: ZeeNews
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