Category: Visa

An Indian data scientist has returned to India from a six-figure job in New York, citing H-1B visa restrictions and a desire to be closer to family.

Disha Lamba, a 28-year-old data scientist, made the decision to leave her lucrative position in New York City and return to her hometown of Gurugram, India, in May 2026. Her choice was influenced by the constraints associated with the H-1B visa and her longing to be closer to her family.

Lamba moved to the United States in 2021 to pursue a master’s degree in computer engineering at New York University. After nearly five years in New York, she secured a job at CVS Health, encouraged by a senior data scientist she met at a networking event. The company sponsored her H-1B visa, and she was selected through the lottery in March 2026.

Reflecting on her time in New York, Lamba noted that the city significantly shaped her personality, instilling confidence, independence, and a sense of adventure. She discovered a newfound passion for hiking, a hobby she had not explored while growing up in India. However, despite these personal gains, she felt a profound sense of loneliness due to the distance from her family. The time zone difference made it challenging to connect regularly, and she yearned to be present for significant family milestones and events.

The complexities of the H-1B visa system also played a crucial role in her decision to return to India. Lamba expressed concerns about the difficulties associated with international travel and employment changes for H-1B holders. For instance, visa stamping is typically required for re-entry into the U.S. after traveling abroad, and switching employers or taking a career break can pose significant immigration-related challenges. These restrictions made the prospect of long-term residency in the U.S. less appealing for Lamba, who felt that returning to India would provide her with greater flexibility and the opportunity to pursue side projects.

Upon her return to India, Lamba took a two-month career break, a decision she described as risky had she remained on an H-1B visa. She is now actively exploring job opportunities in India and is considering starting her own business. Lamba believes that India offers comparable career prospects to those available in the U.S., noting that major companies like Mastercard and American Express have offices near her home.

While she misses the iconic skyline and vibrant public spaces of New York City, Lamba finds solace in being with her family, which she considers a worthwhile trade-off. Her experience reflects a growing trend among skilled Indian professionals in the U.S. who face increasing uncertainty regarding their immigration status and career paths.

The tightening of immigration policies under the previous administration has raised concerns among international workers and employers alike. Proposed increases in employer fees for H-1B petitions, including a suggested $103,265 fee on cap-subject applications, have further complicated the landscape for skilled foreign workers. This proposal follows a previous $100,000 fee that was blocked by a federal judge. Additionally, the annual visa limit for H-1B applications has been reduced to 65,000 for regular applicants and 20,000 for those with advanced U.S. degrees. There are also considerations to end work authorization for certain spouses of H-1B visa holders.

Lamba’s story highlights the challenges faced by many skilled professionals navigating the complexities of the U.S. immigration system while balancing personal aspirations and family connections.

According to The American Bazaar.

The Department of Homeland Security has proposed a new fee of $103,265 for all H-1B cap-subject petitions, aiming to recover costs associated with the immigration system.

The Department of Homeland Security (DHS) has announced a proposal to implement a substantial fee of $103,265 for all H-1B cap-subject petitions, which includes those eligible for the advanced degree exemption. This proposal was detailed in a statement released by the U.S. Citizenship and Immigration Services (USCIS) on August 24.

According to the proposed regulations, the fee would be required at the time of filing and would be in addition to any other applicable fees or payments. The DHS aims to generate revenue through this fee to help offset a portion of the federal government’s costs associated with administering the lawful immigration system.

The costs covered by this fee include various aspects of immigration management, such as the adjudication of immigration benefits, fraud detection, national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates that the proposed fee could generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions.

“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” stated Zach Kahler, a spokesperson for USCIS.

It is important to note that the additional fee would not apply to H-1B petitions that are exempt from the cap. This includes petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. Currently, the number of cap-subject H-1B visas issued annually is limited to 65,000, with an additional 20,000 available for individuals who have earned a master’s degree or higher from a U.S. institution of higher education.

For further details, interested parties can refer to the notice of proposed rulemaking.

This proposal reflects the ongoing efforts by the DHS to ensure that the costs associated with immigration processes are adequately funded, while also addressing the needs of the U.S. labor market.

For more information, see the notice of proposed rulemaking.

According to India Currents.

The Department of Homeland Security has proposed a $103,265 fee for H-1B visa applications, raising concerns about its impact on high-skilled immigration and American employers.

The Department of Homeland Security (DHS) has announced a proposed administrative rule that would impose a staggering $103,265 fee on all H-1B visa applications subject to the annual statutory cap. This initiative aims to cover interagency immigration enforcement and adjudication costs and follows a federal court’s rejection of a previous attempt to implement a $100,000 fee, which was deemed unconstitutional. While the new proposal exempts higher education institutions and non-profit research organizations, experts warn that this significant financial burden could severely disrupt high-skilled immigration and impose substantial strains on American employers.

On Tuesday, DHS published the proposed rule in the Federal Register, initiating a mandatory 30-day public comment period. This regulatory move marks a significant escalation in the administration’s efforts to reshape the economic landscape of the high-skilled foreign labor market.

DHS officials assert that the proposed fee is intended solely as a cost-recovery mechanism. According to the notice, the revenue generated from petitioning employers would be distributed across various federal agencies, including the DHS, Department of Justice, Department of State, and Department of Labor, to cover operational, vetting, and administrative expenses.

“The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” stated Zach Kahler, a spokesperson for U.S. Citizenship and Immigration Services (USCIS), in an official statement accompanying the draft rule.

If finalized, DHS estimates that the $103,265 fee could generate approximately $8.8 billion annually, based on the baseline quota of 85,000 cap-subject petitions processed each fiscal year.

The proposed rule comes in the wake of a significant legal setback for the administration. In June 2026, U.S. District Judge Leo Sorokin vacated a prior executive effort that sought to impose a $100,000 fee on H-1B worker applications. The court ruled that the executive branch had overstepped its statutory authority, emphasizing that the U.S. Constitution grants Congress the exclusive power to enact taxes and establish overarching immigration policies.

To navigate the constitutional challenges identified by the judiciary, administration officials have restructured the policy from a direct presidential mandate into a formal administrative agency rule, adhering to standard administrative procedures. The revised proposal also narrows its focus; while the previous measure included non-profit medical centers and universities, the current proposal explicitly exempts cap-exempt employers, placing the financial burden solely on commercial and corporate applicants.

David Bier, Director of Immigration Studies at the nonpartisan Cato Institute, expressed skepticism regarding the administration’s revised justification for the fee. He pointed out that the sheer magnitude of the proposed fee undermines its characterization as a routine cost-recovery tool.

“The administration claims the new fee will be a ‘cost recovery mechanism,’ even though the first fee led to a nearly 90 percent reduction in filings and a $28 million loss in revenue,” Bier noted. “The government itself told the court that the $100,000 fee was ‘arguably prohibitive’ and ‘does not raise revenue.’ Even if it did raise revenue, that would not make it legal because immigration fees can only be imposed to recover the costs of adjudication and naturalization services. And because this is a filing fee, employers would have to pay it with no guarantee that USCIS will approve the petition. Almost no one will risk more than $100,000 with no guarantee of approval.”

The H-1B nonimmigrant visa program is capped at 85,000 new visas annually, consisting of a standard cap of 65,000 visas for general applicants and an additional 20,000 reserved for individuals with a master’s degree or doctorate from an accredited U.S. institution. Additionally, 6,800 visas are allocated specifically for trade agreements with Chile and Singapore.

Over the past three decades, the H-1B visa has become the primary mechanism for U.S. companies to recruit international talent in specialized fields such as technology, engineering, and science. Data from the Bipartisan Policy Center indicates that computer-related occupations account for nearly 65% of all approved initial and continuing H-1B petitions.

Currently, standard government filing fees for an H-1B application range from $2,000 to $5,000 per worker, depending on the size of the company and expedited processing options. The proposed rule represents an increase of approximately 2,000% to 5,000% in costs for applicants.

Employers face significant financial risks, as the $103,265 fee would be due upfront upon initial petition submission. This means that corporate sponsors could incur total losses if an application is selected in the lottery but ultimately denied during the final adjudication process.

Industry trade groups representing technology and software manufacturers have expressed concerns that small and mid-sized enterprises would be disproportionately affected. While larger multinational corporations may have the financial resources to absorb such administrative costs, early-stage startups and specialized regional IT providers could find themselves priced out of the international recruiting market.

The publication of the proposed rule in the Federal Register opens a 30-day window for commercial entities, educational institutions, labor organizations, and individuals to submit formal public comments. Following this period, DHS officials are legally required to consider the feedback before drafting a final operational rule. Given the significant economic implications, trade organizations and immigration advocacy groups are expected to pursue legal action immediately upon the publication of any finalized directive, according to Source Name.

USCIS has released a revised Form I-129, which will be the only accepted version starting May 1, 2015, enhancing the petition process for nonimmigrant workers.

The U.S. Citizenship and Immigration Services (USCIS) has announced the availability of a revised Form I-129, Petition for a Nonimmigrant Worker. This updated form is marked with an edition date of October 23, 2014.

Beginning May 1, 2015, USCIS will only accept the October 23, 2014, edition of Form I-129. After this date, previous versions of the form, including those dated October 7, 2011, January 19, 2011, and November 23, 2010, will no longer be valid.

USCIS encourages individuals to download the revised form, which is designed to prompt users to complete all necessary sections. This improvement aims to enhance the agency’s efficiency in processing petitions.

For more information and to access the revised form, visit the USCIS forms website.

According to USCIS, the updated form will streamline the filing process for nonimmigrant workers.

The United States continues to attract high-skilled workers, yet the path to permanent residence is increasingly fraught with uncertainty due to backlogs and visa shortages.

WASHINGTON, D.C., August 18 — The United States remains dependent on high-skilled workers from across the globe to maintain its competitive edge in vital sectors such as technology, engineering, and health care. However, new data reveals significant pressures within the employment-based immigration system, leading to greater uncertainty and obstacles for workers seeking permanent residency.

Two recent reports from the American Immigration Council analyze a decade’s worth of data from U.S. Citizenship and Immigration Services (USCIS) regarding nonimmigrant and immigrant petitions for high-skilled workers. The findings indicate that while demand for high-skilled labor remains robust, with high approval rates for several nonimmigrant visa categories, including the H-1B visa, the system is under increasing strain.

The reports highlight that USCIS is struggling to keep up with the rising demand for temporary workers, resulting in escalating backlogs. For those pursuing employment-based green cards, the situation is even more precarious, characterized by record backlogs, limited visa availability, extended waiting periods, and heightened scrutiny in certain categories.

“The United States continues to recruit and rely on high-skilled workers from around the world, but for many of those workers, building a permanent future here means navigating years of uncertainty,” said Nan Wu, director of research at the American Immigration Council. “If the United States wants to compete for the world’s best talent, it needs an immigration system that allows employers and workers to plan for the long term with greater confidence.”

Despite USCIS approving a substantial number of petitions for temporary high-skilled workers, the agency is increasingly showing signs of strain and is failing to keep pace with demand. The challenges become even more pronounced for workers seeking permanent residency. Processing times for employment-based green cards are lagging, backlogs are sharply increasing, and many workers find themselves waiting years to complete the process, even after their immigrant petitions have been approved. In certain high-skilled green card categories, denial rates have also surged.

“These findings show a system in which employers and workers have to spend years navigating a backlogged system. That kind of uncertainty makes it harder for workers to build their lives here and for employers to retain the talent they need,” said Steve Hubbard, senior data scientist at the Council.

Key findings from the reports include:

Temporary high-skilled worker petitions continue to enjoy high approval rates, yet processing challenges are mounting. Nearly 98 percent of H-1B petitions were approved in fiscal year 2025, while approval rates for L-1 and O visa categories remained above 90 percent. However, USCIS struggled to manage the influx of more than 456,000 petitions for the H-1B category in fiscal year 2025 alone, contributing to a growing backlog.

Workers seeking employment-based green cards face a daunting path. The backlog of employment-based green card petitions has more than quadrupled over the past decade, reaching a record 180,439 pending cases by the end of fiscal year 2025. At the current processing pace, it would take USCIS over nine months just to clear this backlog. Many applicants are resorting to paying additional fees for expedited processing, generating an estimated $300 million in fees for USCIS in fiscal year 2025.

Denial rates have increased in key employment-based categories. At one point in fiscal year 2025, USCIS was denying approximately one in six employment-based immigrant petitions. In two categories designed for particularly accomplished workers, the EB-1A and the EB-2 National Interest Waiver (NIW), denial rates nearly doubled during the same fiscal year.

Visa availability remains a significant bottleneck. Once USCIS approves a petition for an employment-based green card, the process does not conclude there. Employment-based green cards are subject to legal caps, meaning workers can spend years waiting for a visa number to become available, even after their applications have been approved. By the end of fiscal year 2025, over 642,000 approved workers were still in limbo, awaiting a visa number.

“The U.S. government is essentially telling high-skilled workers that we want your talent to build companies, conduct research, treat patients, and grow the U.S. economy, but we can’t assure you that you’ll be able to build a future here. That is not a serious approach for competing for global talent,” Wu stated. “If we want to attract and retain these high-skilled workers, we need an immigration system that provides them with more long-term certainty.”

For more detailed insights, the reports can be accessed through the American Immigration Council.

According to American Immigration Council.

U.S. Embassy in India mandates that all minor visa applicants, including infants, must attend consular interviews in person, clarifying previous assumptions about representation by parents or guardians.

The U.S. Embassy in India has issued an important update regarding visa applications for minors, stating that all applicants, regardless of age, must be physically present for their consular interviews. This includes infants and young children, a clarification that is crucial for families navigating the visa application process.

Many parents may have assumed that they could attend the appointment on behalf of their child, but the embassy’s guidance clearly indicates that every minor must appear in person at the interview window. This requirement applies to a wide range of ages, from newborns to teenagers approaching 18 years old.

While a parent or guardian is permitted to accompany the child during the interview, they cannot substitute for the child. This means that families scheduling a U.S. visa appointment for a minor should plan accordingly, ensuring that the child’s physical presence is part of the process.

The embassy’s clarification comes at a time when Indian applicants are facing increasingly stringent U.S. visa procedures and appointment requirements. The U.S. Embassy and its consulates in India provide comprehensive visa information and application guidance on their official websites, which can be a valuable resource for families.

In addition to ensuring the child’s presence, parents should also verify that the visa photographs meet the specifications set by the U.S. Department of State. According to guidance from the Hindustan Times, visa photographs must measure 2 by 2 inches, or 51 by 51 millimeters, to be acceptable.

This clarification is particularly relevant for families who may need to travel long distances to attend their appointments. Bringing a child, especially an infant or very young child, to the consular interview requires additional planning and consideration.

For parents in India, the key takeaway is clear: if a minor is applying for a U.S. visa and an interview is required, the child must be present. Parents or guardians may accompany them, but they cannot attend the interview in place of the child.

This updated policy underscores the importance of understanding the requirements for U.S. visa applications, particularly for minors, as families prepare for their appointments.

For more details, parents are encouraged to consult the U.S. Embassy’s visa information page, which confirms that children are included among visa applicants and must adhere to all applicable visa application requirements, according to Source Name.

Texas State University has filed an H-1B notice for a public relations specialist position, offering an annual salary of $72,999 at its San Marcos campus.

Texas State University has submitted a notice of intent to employ an H-1B nonimmigrant worker for a public relations specialist position, with an annual salary of $72,999. This information comes from a labor condition application notice posted by the university.

The position is classified under the occupational code 27-3031.00, and the proposed employment period is set from August 7, 2026, through August 6, 2029. The role will be based at Texas State University’s campus located at 601 University Drive in San Marcos. The notice indicates that the university intends to hire one H-1B nonimmigrant worker for this position.

This filing has garnered attention due to Texas State University’s robust academic programs in public relations and communications. The university prepares students for careers in these fields, and its materials highlight public relations specialist as a viable career path.

However, it is important to note that the H-1B filing does not automatically imply that no qualified U.S. worker was available for the role in Texas. A Labor Condition Application (LCA) is a necessary part of the H-1B process, detailing aspects such as the occupation, wage, worksite, and employment duration. According to the Department of Labor, employers must certify that the H-1B worker will receive at least the prevailing wage or the actual wage paid to similarly qualified workers, ensuring that working conditions do not adversely affect U.S. workers in similar roles.

Federal regulations impose additional recruitment and non-displacement requirements on certain H-1B-dependent employers and those with specific prior violations, but these requirements do not apply universally to every H-1B filing.

Texas State University’s academic resources indicate that public relations is a well-established field of study within the institution. The Texas State University System has recognized public relations specialists as part of its mass communication programs and has noted projected employment growth for public relations roles in Texas.

This H-1B notice raises questions regarding the recruitment process for the position and the university’s rationale for pursuing sponsorship. The publicly available notice does not disclose the identity of the prospective employee, the recruitment methods employed, or the number of U.S. workers who applied for the role.

The salary of $72,999 mentioned in the notice is also subject to federal H-1B wage regulations. The Department of Labor stipulates that H-1B employers must pay either the actual wage for similarly qualified workers or the prevailing wage for the occupation in the relevant employment area.

Texas State’s filing is for a three-year employment term and is distinct from the question of whether the prospective worker will ultimately receive H-1B approval. The LCA is just one component of the broader H-1B petition process.

This situation illustrates how universities and other employers utilize H-1B sponsorship for specialized occupational classifications. While publicly available LCA notices provide essential information about the position, wage, and worksite, they do not offer sufficient details to conclude whether an employer has rejected qualified U.S. applicants or if no American worker could fulfill the job requirements.

As of the filing detailed in the university’s notice, Texas State University is seeking authorization to employ one H-1B worker as a public relations specialist in San Marcos, with an annual salary of $72,999, according to The American Bazaar.

USCIS has released a revised version of Form I-129, which will be the only accepted edition starting May 1, 2015.

The U.S. Citizenship and Immigration Services (USCIS) has announced the availability of a revised Form I-129, officially titled the Petition for a Nonimmigrant Worker. This updated form is marked with an edition date of October 23, 2014.

Individuals and organizations looking to file Form I-129 can download the new version along with relevant filing details from the USCIS forms website. It is important to note that starting May 1, 2015, USCIS will only accept the October 23, 2014 edition of Form I-129.

After this date, previous versions of the form, specifically those dated October 7, 2011, January 19, 2011, and November 23, 2010, will no longer be accepted for processing.

USCIS encourages all users to download the revised form, as it is designed to prompt applicants to complete all necessary fields. This enhancement aims to improve the agency’s efficiency in processing the form and ensuring that all required information is provided.

For further information and to access the revised Form I-129, please visit the USCIS website.

According to USCIS, the updated form is part of ongoing efforts to streamline the application process for nonimmigrant workers.

The Department of Homeland Security has introduced a new rule that caps the duration of stays for F-1 and J-1 international student visa holders, aiming to enhance immigration oversight.

The Department of Homeland Security (DHS) has announced a final rule that officially eliminates the “duration of status” framework for international students and exchange visitors. This significant change comes as part of the agency’s efforts to enhance immigration integrity and national security.

Under the previous policy, foreign students, exchange visitors, and media representatives could remain in the United States indefinitely without regular government oversight. The new regulation establishes a fixed period of admission for nonimmigrant visa holders in F, J, and I classifications, aligning these categories with many other types of nonimmigrant visas that already have set time limits.

This regulatory change is particularly impactful for the South Asian diaspora in the United States, as countries like India consistently send large numbers of international students and exchange scholars to American universities each year.

Since 1978, foreign students have been admitted to the U.S. for an unspecified duration, allowing many to become “forever students” by continuously enrolling in courses to avoid leaving the country. The final rule aims to end this practice through several key reforms.

One of the major changes is the introduction of fixed admission caps. Nonimmigrant students holding F visas and exchange visitors with J visas will now be admitted for the length of their specific academic programs, with a maximum stay of four years.

Additionally, visa holders who require more time to complete their studies must formally apply for an Extension of Stay (EOS) through U.S. Citizenship and Immigration Services (USCIS). This shift moves oversight from university staff back to federal authorities, subjecting applicants to biometric vetting, background checks, and fraud screenings.

Another significant alteration is the reduction of the departure grace period for F-1 students. The time allowed for these students to prepare for departure, transfer schools, or change their visa status after graduation has been cut from 60 days to 30 days.

The new rule also imposes strict limitations on academic changes, further tightening the regulations surrounding nonimmigrant student visas.

DHS Secretary Markwayne Mullin emphasized the necessity of these reforms, stating, “For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”

The final rule is set to be published in the Federal Register in the coming days and will take effect 60 days after its publication. Current nonimmigrant visa holders residing in the United States under the previous framework will automatically transition to the new system, with their authorized stay capped at a maximum of four years from the effective date of the rule.

The Student and Exchange Visitor Program (SEVP) plays a crucial role in managing the relationship between the federal government and the international student community. Managed by U.S. Immigration and Customs Enforcement, a component of the DHS, SEVP oversees schools, nonimmigrant students in the F and M visa classifications, and their dependents. The program utilizes the Student and Exchange Visitor Information System to track and monitor schools, exchange visitor programs, and international students during their time in the United States.

This new rule marks a significant shift in the administration of international student visas, reflecting the DHS’s commitment to enhancing oversight and maintaining the integrity of the U.S. immigration system, according to India Currents.

As uncertainty surrounding the H-1B visa program grows, many Indian professionals are exploring the UK Global Talent Visa as a viable alternative while maintaining their aspirations for permanent residency in the U.S.

For many Indian H-1B visa holders, the pressing question is no longer whether to remain in the United States but rather whether to establish a backup plan. With green card processing times extending beyond a decade and ongoing policy uncertainties, immigration lawyers in the United Kingdom are witnessing a surge of interest in the Global Talent Visa.

“The April 2026 Visa Bulletin set the EB-2 India date at July 2014, which means a 14-year wait for a green card. The UK Global Talent Visa offers a pathway to settlement in just three years. The clients I’m speaking to in San Francisco and Seattle are making this calculation,” says Yash Dubal, CEO and Director at AY & J Solicitors in London.

As the H-1B visa program faces increasing uncertainty, many foreign professionals are actively seeking alternative immigration routes. While Canada’s Express Entry system and Australia’s General Skilled Migration program remain popular options, experts in the UK report a notable rise in inquiries from H-1B visa holders in the U.S. interested in the Global Talent Visa, particularly in light of the proposed $100,000 H-1B visa fee.

Dubal notes that the shift is primarily driven by highly skilled Indian professionals who have spent years waiting for permanent residency in the U.S. “Most of our inquiries from the U.S. come from Indian engineers and researchers, often in their thirties and on H-1B visas. Typically, their spouses are on H-4 visas, and they have U.S.-born children. They have been waiting for green cards for years. The Global Talent Visa is the first route they have considered where their professional achievements translate into a tangible timeline,” he explains.

Introduced in 2020 as part of the UK’s post-Brexit immigration framework, the Global Talent Visa has gained popularity due to its flexibility and relatively swift path to settlement. This visa is available to individuals who have demonstrated exceptional talent, are recognized as leaders or potential leaders, or show exceptional promise in their respective fields.

Unlike the Skilled Worker visa, the Global Talent Visa is not tied to a specific employer. Holders can work for any company, switch jobs without needing to reapply, freelance, consult, or even start their own businesses. There are no minimum salary requirements, job offers, or employer sponsorship needed, making it particularly appealing to professionals currently residing in the United States.

Dubal emphasizes the significant advantage of a shorter route to permanent residency. “The April 2026 Visa Bulletin set the EB-2 India date at July 2014, which means a fourteen-year wait for a green card. The UK Global Talent Visa offers settlement in three years. It’s not an emotional decision; it’s a matter of arithmetic. The clients I’m speaking to in San Francisco and Seattle are making the same calculations,” he states.

However, like most immigration pathways, the Global Talent Visa has specific eligibility criteria. It covers a wide range of high-skilled fields, with applicants assessed by designated endorsing bodies in areas such as digital technology, academia and research, natural and medical sciences, engineering, humanities and social sciences, and arts and culture.

The application process is relatively straightforward, consisting of two stages: obtaining an endorsement from the relevant body and then submitting the visa application. Immigration consultants highlight several advantages of the UK Global Talent Visa over the H-1B visa. Unlike the H-1B, which is employer-sponsored, lottery-based, and subject to an annual cap of 85,000 visas, the Global Talent Visa is evidence-based and uncapped. For highly skilled professionals who qualify, it can provide a pathway to settlement in the UK in as little as three years.

One of the most significant challenges facing H-1B holders, particularly Indian and Chinese nationals, is the lengthy wait for permanent residency, which can extend into decades due to green card backlogs. In this context, immigration advisers report a growing interest in alternative pathways, especially following the introduction of the proposed $100,000 H-1B visa fee last year. Dubal has observed a noticeable increase in inquiries since the announcement.

“What changed in October [2025] is not just policy. The political volatility surrounding the H-1B has not subsided, even with the recent court ruling on the proposed fee. Indian professionals are no longer viewing uncertainty in the U.S. as a temporary issue to endure; they are recognizing it as a fundamental aspect of the system and are acting accordingly,” he explains.

To qualify for the Global Talent Visa, applicants must first secure an endorsement from an approved UK body before submitting their visa application. Dubal notes that many prospective applicants often underestimate how close they may be to meeting the requirements.

<p“Indian engineers applying to us are often closer to qualifying than they realize. What I see most frequently now is families exploring parallel options. Indian H-1B holders are not abandoning their U.S. plans; they are developing a UK plan alongside it as a hedge. The choice between a three-year path to UK settlement and another decade of uncertainty in the U.S. becomes increasingly difficult to defer once it is laid out in front of them,” he concludes.

The growing interest in the UK Global Talent Visa underscores a significant shift among Indian H-1B visa holders, who are actively seeking alternatives while keeping their American dreams alive.

The information in this article is based on insights from Yash Dubal, CEO of AY & J Solicitors, according to The American Bazaar.

The U.S. Department of State has retrogressed the EB-1 green card cutoff date for Indian applicants in its July 2026 Visa Bulletin due to high demand for visas in this category.

WASHINGTON, D.C. — The U.S. Department of State has announced a retrogression of the Employment-Based First Preference (EB-1) green card cutoff date for Indian applicants, as detailed in its July 2026 Visa Bulletin. This decision comes in response to the high demand for visas within this category.

As per the July Visa Bulletin, the final action date for Indian applicants in the EB-1 category has been set to October 15, 2022. The State Department indicated that this adjustment was necessary to ensure that visa issuances remain within the annual limit established for fiscal year 2026.

The department also cautioned that further retrogression or even the potential unavailability of the EB-1 category could be necessary in the upcoming months if the demand from Indian applicants exceeds the allocated share of EB-1 visas before the fiscal year concludes on September 30.

The EB-1 category is primarily designated for multinational executives and managers, individuals with extraordinary abilities, and outstanding professors and researchers who are seeking permanent residency in the United States.

Additionally, the July Visa Bulletin highlighted the persistent visa backlogs affecting Indian applicants. Both the Employment-Based Second Preference (EB-2) and Employment-Based Fifth Preference (EB-5) unreserved categories are currently unavailable for the remainder of fiscal year 2026, having already reached their annual limits.

This situation underscores the ongoing challenges faced by Indian nationals in navigating the U.S. immigration system, particularly in high-demand employment-based categories.

According to India-West, the implications of these changes are significant for many who are seeking to secure their green cards in the United States.

A recent amendment to Canada’s Citizenship Act has expanded opportunities for Americans with Canadian ancestry to apply for citizenship, although the application process remains intricate and challenging.

In a notable legislative update, Canada has revised its Citizenship Act, allowing many Americans with Canadian ancestry to apply for citizenship by descent. This change is particularly significant for individuals with Canadian parents or grandparents, who are now reassessing their eligibility under the new provisions. The amendment aims to address longstanding generational cutoffs that have historically restricted the ability of descendants to claim Canadian citizenship.

The law, which took effect on December 15, 2025, is designed to benefit individuals born before this date. Audrey Macklin, a law professor at the University of Toronto, noted that the revision permits individuals to qualify for citizenship if they can adequately document their Canadian lineage. Macklin emphasized the importance of understanding the eligibility criteria established by Immigration, Refugees and Citizenship Canada (IRCC) to ensure successful applications.

To qualify for Canadian citizenship by descent under the new regulations, applicants must meet several specific requirements. These include being born before December 15, 2025, having at least one parent recognized as a Canadian citizen by descent, and providing official documentation that establishes a direct family connection to Canada.

Conversely, potential applicants may find themselves ineligible if their parent is not recognized as a Canadian citizen by descent or if they were born after December 15, 2025, and their Canadian parent did not reside in Canada for a minimum of three years prior to their birth or adoption.

Individuals seeking to claim citizenship must prepare a substantial amount of documentation to support their applications. This often includes various certificates such as birth, marriage, and death records, along with immigration or census documents that trace a direct lineage to a Canadian-born ancestor. Experts have noted that while the eligibility criteria have become more accessible, the application process remains arduous and complex, often requiring a significant investment of time and resources.

According to data from the IRCC, approximately 12,430 applications for proof of citizenship were received worldwide between December 15, 2025, and January 31, 2026. Notably, nearly 3,000 of these applicants were confirmed as Canadian citizens as a result of the recent legislative changes. However, Macklin pointed out that proving citizenship by descent can be fraught with challenges, describing the process as a potential “bureaucratic nightmare.” Applicants may need to trace their lineage across multiple generations, complicating their efforts.

Furthermore, the IRCC has indicated that the estimated processing time for citizenship applications is approximately ten months. This timeframe raises concerns about possible delays that could frustrate applicants eager to secure their Canadian citizenship.

In light of the increased interest in citizenship applications, the Canadian government is directing prospective applicants to various genealogical resources to aid them in gathering the necessary documentation. Library and Archives Canada, for example, maintains an extensive collection of records, including census data and limited collections of birth, marriage, and death certificates. These records are often crucial in verifying an applicant’s ancestral ties to Canada, facilitating the citizenship application process.

Meghan Laidlaw, acting director of client services at Library and Archives Canada, reported a substantial rise in online searches for records since the law’s amendment, with web traffic jumping from an average of 12,000 hits per day in late 2025 to approximately 60,000 hits daily in early 2026. Laidlaw noted that while a considerable portion of the library’s genealogical records are accessible online and in person, applicants should not assume they will find all necessary documents in one place. She cautioned that the process could be frustrating for those expecting to gather all required evidence quickly.

As interest in obtaining Canadian citizenship surges among Americans, it is evident that while the legislative changes have loosened the regulations governing citizenship by descent, bureaucratic challenges persist. The complexities associated with tracing genealogical records and the lengthy processing times underscore the hurdles that applicants must navigate to reconnect with their Canadian heritage. The IRCC continues to encourage individuals to prepare thoroughly and seek assistance where necessary to facilitate their applications.

In conclusion, the recent amendments to Canada’s Citizenship Act represent a significant opportunity for many Americans to explore their eligibility for Canadian citizenship. However, the success of such applications will largely depend on the applicants’ ability to provide comprehensive documentation and navigate the complexities of the application process, according to Source Name.

A recent federal court ruling has saved EB-5 investors over $13,000 in government filing fees, providing immediate relief for those seeking U.S. green cards.

A federal court ruling has significantly reduced the financial burden on EB-5 investors aiming for U.S. green cards, saving them more than $13,000 in government filing fees.

On November 12, 2025, Judge Charlotte N. Sweeney of the U.S. District Court for the District of Colorado issued a ruling in the case of Moody et al. v. Mayorkas et al. This decision halted the enforcement of steep EB-5 filing fee increases that had been implemented on April 1, 2024.

As a result of the ruling, filing fees reverted to their pre-April 2024 levels immediately. For investors already planning to pursue a U.S. green card through the EB-5 program, this change offers tangible and immediate relief. However, this reprieve may not last indefinitely.

The EB-5 program underwent reforms through the EB-5 Reform and Integrity Act of 2022, which mandated that the U.S. Citizenship and Immigration Services (USCIS) conduct a dedicated fee study prior to raising program fees. USCIS failed to complete this study before implementing the fee increases in April 2024. It was not until February 2025 that the agency finalized the study, nearly a year after the fee hikes had taken effect.

Judge Sweeney dismissed USCIS’s argument that it had the discretion to act while the study was still in progress. Her ruling was clear: “USCIS acted contrary to the Act and therefore acted contrary to law.” Utilizing Section 705 of the Administrative Procedure Act, she stayed the EB-5 fee increases until a compliant new rule is established.

The financial implications of this rollback are substantial. Before the increases, filing Form I-526E—the initial petition for EB-5 investors—cost $3,675. This fee was raised to $11,160, marking a staggering 204% increase. Similarly, Form I-829, which removes conditions on permanent residency after an investor meets job creation requirements, rose from $3,750 to $9,525. With the recent ruling, both fees have been restored to their previous amounts.

In total, investors save $13,260 across these two essential filings compared to the fees charged just months ago. Given the minimum capital commitment of $800,000 in a targeted employment area or $1,050,000 elsewhere, these administrative savings are significant.

Attorney Matthew Galati, who represented the American Immigrant Investor Alliance and lead plaintiff Samantha Moody, characterized the fee increases as “brazenly illegal and at odds with the RIA.” He emphasized that immigration agencies, regardless of political affiliation, must adhere to the statutory requirements established by Congress.

Despite the favorable ruling, investors are cautioned against delaying their applications. It is important to note that the court’s ruling is a stay, not a permanent solution. The Department of Homeland Security (DHS) published a new proposed fee rule in the Federal Register on October 23, 2025, based on the now-completed fee study.

Under this proposal, the I-526E fee would be set at $9,530, plus a new $95 technology fee, totaling $9,625. The Form I-829 fee would increase to $7,860. Public comments on this proposal closed on December 22, 2025. Following a review of these submissions, DHS will issue a final rule, with the new fees expected to take effect 60 days after publication. Based on typical agency timelines, investors may face these new fees by mid-2026.

To put the numbers into perspective, filing I-526E currently costs $3,675, but after the new rule is implemented, it will rise to $9,625. Similarly, filing I-829 will increase from $3,750 to $7,860. Investors who delay their applications could incur approximately $10,000 in additional government fees for these two forms alone. While the proposed fees are lower than the previously stayed 2024 highs, they remain significantly higher than the current court-restored levels.

Michael Harris of Harris Law commented on the ruling, stating, “Practically, if this stay is not paused or narrowed on appeal, I would expect a renewed surge of EB-5 project and investor filings while the lower, pre-April 2024 fee schedule is back in effect.”

Another important consideration is the status of refunds for investors who filed between April 1, 2024, and November 12, 2025. These individuals paid the higher fees, and while Judge Sweeney’s ruling deemed the increases unlawful, it did not mandate USCIS to reimburse those affected. The future for these investors—whether through class action litigation, a government claims process, or direct agency action—remains uncertain. The American Immigrant Investor Alliance has indicated it is exploring a class action for excess fees paid since April 2024, but no formal mechanism is currently in place.

For those already engaged in the EB-5 process during the affected period, it is advisable to consult with immigration counsel regarding this issue.

The implications of Moody v. Mayorkas extend beyond just a fee rollback. For over a year, investors operated under a fee structure that a federal court has now ruled was unlawfully imposed. DHS is now undertaking the rulemaking process that should have been completed prior to April 2024. Once this process concludes, fees are expected to rise again.

Investors who file before the final rule is established can secure today’s court-restored fee schedule. Those who wait will bear the financial consequences of their delay, which could amount to a substantial increase in costs.

This article is for informational purposes only. Readers should consult qualified immigration counsel before making any filing decisions.

According to The American Bazaar.

USCIS has released a revised version of Form I-129, effective May 1, 2015, which will be the only accepted edition for nonimmigrant worker petitions.

The U.S. Citizenship and Immigration Services (USCIS) has announced the availability of a revised Form I-129, officially titled the Petition for a Nonimmigrant Worker. This updated form is dated October 23, 2014, and is now accessible for download on the USCIS forms website.

Starting May 1, 2015, USCIS will only accept the October 23, 2014 edition of Form I-129. After this date, previous versions of the form, specifically those dated October 7, 2011, January 19, 2011, and November 23, 2010, will no longer be accepted.

USCIS emphasizes the importance of using the revised form, as it is designed to enhance the user experience by prompting applicants to complete all necessary sections. This improvement aims to facilitate the processing of petitions, ensuring a more efficient workflow for both applicants and USCIS staff.

For those looking to file a petition for a nonimmigrant worker, it is crucial to download the latest version of Form I-129 to avoid any delays or issues with their application.

For further details regarding the form and its requirements, please visit the USCIS website.

According to USCIS, the revised form is part of ongoing efforts to streamline immigration processes and improve service delivery.

Google has advised employees to avoid international travel due to significant delays in U.S. visa reentry processing, which could extend up to 12 months.

CUPERTINO, CA – Google has issued a warning to some of its employees regarding international travel, citing substantial delays in U.S. visa reentry processing at American embassies and consulates. These delays may extend up to 12 months in certain cases.

In an email sent to staff, Google’s external immigration law firm advised employees who require visa stamping before returning to the United States to reconsider any non-essential travel. The firm cautioned that international travel could result in workers being stranded abroad for extended periods due to significant backlogs in appointment availability.

The message emphasized the limited slots for visa stamping, urging affected employees to avoid travel that is not critical. The delays are being reported in multiple countries as U.S. diplomatic missions implement enhanced social media screening requirements. These new reviews impact H-1B workers and their dependents, as well as students and exchange visitors on F, J, and M visas.

The U.S. State Department has acknowledged these processing delays, noting that it is conducting online presence reviews for applicants. While travelers may request expedited processing, such requests are evaluated on a case-by-case basis, leaving many uncertain about their travel plans.

The current H-1B visa policy has faced criticism from lawmakers and business organizations, leading to legal challenges, including two significant lawsuits. One of these lawsuits has been initiated by the U.S. Chamber of Commerce, the largest business organization in the country.

Notably, professionals from India accounted for over 70 percent of approved H-1B visas in 2024, a trend driven by ongoing backlogs and the persistent demand for skilled workers from the region, according to reports.

As the situation evolves, Google’s advisory serves as a reminder of the complexities surrounding international travel and visa processing in the current climate.

According to IANS, the ongoing challenges in visa processing continue to impact many employees and their ability to travel freely.

The January 2026 U.S. visa bulletin reveals significant advancements for Indian visa applicants, particularly in the EB-1 and EB-5 categories, offering renewed hope amidst ongoing immigration challenges.

After a series of setbacks and uncertainties, the January 2026 U.S. visa bulletin brings a glimmer of hope for Indian nationals seeking employment-based green cards. The bulletin indicates a notable advancement for the EB-1 category, which has moved forward nearly a year, while the EB-5 category has experienced an unprecedented two-year leap, effectively reducing wait times for both professionals and investors.

For many visa holders residing and working in the United States, the last few months have been particularly challenging. A wave of policy changes has tightened an already complex immigration landscape, leading to mass cancellations of visa appointments and rising fees. However, the latest visa bulletin suggests a revival of the American Dream for many, as it reflects genuine progress in employment-based green card categories.

The EB-1 category for India has seen a significant jump in final action dates, advancing from March 15, 2022, to February 1, 2023. This remarkable shift of nearly one year represents a rare victory for the Indian community and is expected to facilitate positive movement for individuals awaiting their green cards.

In addition to the advancements in the EB-1 category, the EB-5 category has also made impressive strides. The final action date for EB-5 has progressed from April 1, 2022, to May 1, 2024, marking an extraordinary increase of over two years. This development is particularly encouraging for Indian investors seeking green cards through investment opportunities.

Chris Prescott, a partner and immigration law leader at PSBP LAW, acknowledges that the recent advancements in the EB-1 category come as a welcome surprise, especially given the lack of movement in this category over the past year. He explains that the movement in priority dates is influenced by visa allocation numbers, with the EB-1 category being the highest priority visa category. Despite the challenging immigration climate, the availability of visas operates as a separate mechanism, allowing for this unexpected progress.

Interestingly, there has also been some movement in other categories, such as EB-2 and EB-3 for India. The EB-2 category has advanced from May 15, 2013, to July 15, 2013, while the EB-3 category has shown progress for China, moving from June 1, 2021, to September 1, 2021.

While the January 2026 visa bulletin indicates gains for many employment-based categories, it raises questions about which categories are most likely to benefit and which visa holders may continue to face challenges. Prescott notes that although there has been some movement in EB-2 and EB-3 for India, both categories remain heavily backlogged, limiting the number of individuals who can file for adjustment. For the time being, EB-1 and EB-5 remain the most favorable options for Indian applicants.

As the immigration landscape continues to evolve, the January 2026 U.S. visa bulletin serves as a beacon of hope for many Indian professionals and investors. The advancements in the EB-1 and EB-5 categories not only signify progress but also inspire optimism for those navigating the complexities of the U.S. immigration system.

According to Source Name, these developments highlight the ongoing challenges and opportunities within the immigration framework, as individuals and families seek to realize their aspirations in the United States.

USCIS has released a revised version of Form I-129, which will be the only accepted edition starting May 1, 2015.

The U.S. Citizenship and Immigration Services (USCIS) has announced the availability of a revised Form I-129, officially titled the Petition for a Nonimmigrant Worker. This updated form is marked with an edition date of October 23, 2014.

Beginning May 1, 2015, USCIS will only accept the October 23, 2014 edition of Form I-129. After this date, previous versions of the form, including those dated October 7, 2011, January 19, 2011, and November 23, 2010, will no longer be accepted.

The revised Form I-129 is designed to enhance the application process by prompting users to complete the form thoroughly. This improvement aims to facilitate better processing by USCIS.

Individuals and organizations interested in filing Form I-129 can download the updated version and access additional details regarding eligibility from the USCIS forms website.

For more information on the revised form and its implications, please refer to the official USCIS announcement.

According to USCIS, the changes are intended to streamline the application process and improve overall efficiency.

The U.S. has mandated that all H-1B applicants and their H-4 dependents make their social media profiles public starting December 15, enhancing online vetting procedures for foreign workers.

WASHINGTON, DC — The United States is expanding its online-vetting requirements for foreign workers, specifically targeting H-1B visa applicants and their H-4 dependents. Starting December 15, all individuals applying for these visas must ensure that their social media profiles are publicly visible.

This directive, announced by the State Department, extends existing protocols that have already been applied to students and exchange-visitor visa categories. The move is part of a broader initiative to enhance security measures surrounding nonimmigrant worker pathways.

The State Department emphasized that consular officers will now include an assessment of applicants’ online presence as part of their routine screening processes. “To facilitate this vetting, all applicants for H-1B and their dependents (H-4), as well as those applying for F, M, and J nonimmigrant visas, are instructed to adjust the privacy settings on all of their social media profiles to ‘public’,” the department stated. They also noted that the issuance of visas is fundamentally a “national security decision.”

This new requirement reflects ongoing efforts by the administration to tighten regulations surrounding the entry of foreign workers into the United States. By increasing scrutiny of social media activity, the government aims to better assess the backgrounds and intentions of applicants.

As the December deadline approaches, prospective H-1B applicants and their dependents are urged to prepare accordingly. This change may have significant implications for how individuals present themselves online, as maintaining a public profile can expose personal information to a wider audience.

The decision has sparked discussions among immigration advocates and legal experts regarding privacy concerns and the potential impact on applicants. Critics argue that requiring public social media profiles could lead to discrimination or bias in the visa application process.

Supporters, however, contend that the measure is a necessary step in ensuring national security and protecting American jobs. They argue that a thorough vetting process is essential in a time when concerns about immigration and security are at the forefront of public discourse.

As these changes take effect, it remains to be seen how they will influence the overall landscape of H-1B visa applications and the experiences of foreign workers seeking employment in the United States.

For more information on this new requirement and its implications, refer to the official announcements from the State Department and related immigration resources.

According to India-West, the new policy underscores the administration’s commitment to enhancing security protocols for foreign workers.

Billionaire entrepreneur Elon Musk praised the contributions of Indian professionals to the U.S. economy and defended the H-1B visa program during a recent podcast with Nikhil Kamath.

Billionaire entrepreneur Elon Musk has expressed strong support for the contributions of Indian professionals to the United States economy, emphasizing that America has “benefited immensely” from skilled Indians who have migrated there over the years.

During an appearance on Zerodha co-founder Nikhil Kamath’s popular podcast, “WTF is,” released on Sunday, Musk underscored the crucial role that Indian engineers, scientists, and entrepreneurs have played in shaping the U.S. technology and business landscape.

Kamath initiated the conversation by noting that the U.S. has long attracted top global talent, a phenomenon often referred to in India as “brain drain.” He highlighted the increasing number of Indian-origin CEOs leading some of the world’s largest corporations.

Musk concurred with this observation, stating that Indian professionals have significantly bolstered the American innovation ecosystem. “America has benefitted enormously from talented Indians who came to the U.S.,” he remarked, adding that the tech industry consistently faces challenges in finding enough highly skilled individuals.

In response to concerns that foreign workers are taking jobs away from Americans, Musk dismissed this notion. “From my direct experience, there is always a shortage of truly talented people. More talent only helps solve hard problems,” he asserted.

He further noted that his companies, which include Tesla, SpaceX, X, and xAI, prioritize hiring the most capable professionals from around the globe.

Addressing the H-1B visa program, Musk acknowledged that while he supports it, there have been instances of misuse by certain outsourcing firms. “There has definitely been gaming of the system by certain companies, and that needs to stop,” he stated. However, he firmly opposed the idea of abolishing the program altogether.

“I’m not in favor of ending the H-1B program. That would be extremely harmful for America’s long-term technological growth,” Musk warned. The H-1B visa has long enabled highly skilled professionals, particularly from India and China, to work in specialized sectors in the U.S., with India being the largest beneficiary of this program.

Musk also touched upon immigration enforcement, criticizing what he described as inadequate border controls under the previous administration. He emphasized that effective border checks are vital for national stability.

“Without proper border controls, you don’t really have a country,” he said, adding that flawed incentive structures have encouraged illegal migration.

In summary, Musk’s remarks highlight the importance of skilled immigration to the U.S. economy while also acknowledging the need for reform within the H-1B visa program to prevent misuse.

Source: Original article

Former Congressman Dr. Dave Brat has accused the H-1B visa program of extensive fraud, claiming one Indian region received visas far exceeding legal limits.

Dr. Dave Brat, a former U.S. Congressman and economist, has made serious allegations regarding the H-1B visa program, asserting that it is rife with fraud. He claims that a single district in India has received H-1B visas at a rate far exceeding the legal annual cap.

During an appearance on Steve Bannon’s podcast, Dr. Brat stated that while the official U.S. limit for H-1B visas is set at 85,000 per year, one Indian district was allegedly linked to the issuance of 220,000 H-1B visas. This figure, he noted, represents two-and-a-half times the national limit, suggesting a systemic abuse of the program.

“When you hear H-1B, think of your family, because these fraudulent visas just stole their future,” Dr. Brat remarked. He also pointed out that while China accounts for only about 12% of the H-1B visa pool, India remains the dominant player in the program.

Reports indicate that the U.S. Consulate in Chennai processed approximately 220,000 H-1B visas and 140,000 H-4 dependent visas in 2024 alone, raising concerns about its operational integrity.

The controversy surrounding the H-1B visa program intensified following allegations made by Mahvash Siddiqui, a former Indian-origin U.S. Foreign Service officer who worked at the Chennai consulate. Siddiqui described what she termed “industrial-scale fraud” in the H-1B visa application process.

During her tenure from 2005 to 2007, Siddiqui claimed she personally adjudicated over 51,000 H-1B visa applications. She estimated that 80–90% of these applications contained falsified information, including fake academic qualifications, forged documentation, and misrepresentation of skills.

Siddiqui noted that the consulate at that time handled applications from various regions, including Hyderabad, Karnataka, Kerala, and Tamil Nadu, with Hyderabad emerging as a particularly problematic hub.

In her allegations, Siddiqui highlighted that the Ameerpet area in Hyderabad had developed into a significant center for visa fraud. She claimed that candidates could openly purchase fake educational degrees, forged marriage certificates, and fabricated employment records, all of which were allegedly used to manipulate H-1B visa approvals.

Moreover, Siddiqui asserted that when these fraud patterns were identified and reported, the response from higher authorities was not supportive. She claimed that internal investigations were dismissed as a “rogue operation,” and that intense political pressure was applied to prevent deeper inquiries into the matter.

She further alleged that certain political figures were involved in shielding the fraudulent network, obstructing efforts to dismantle the fraud pipeline.

The recent allegations from both Dr. Brat and Siddiqui have reignited discussions in the U.S. regarding the integrity of the H-1B visa program, the oversight of overseas U.S. consulates, and the balance between skilled immigration and domestic job protection.

While official investigations have yet to publicly confirm many of these claims, the controversy is likely to spur renewed calls for stricter verification processes, auditing, and reforms within the H-1B system.

Source: Original article

Over 2,790 Indian nationals have been deported from the United States in 2025 as part of intensified immigration controls and cooperative efforts between India and international authorities.

Since the beginning of 2025, more than 2,790 Indian nationals who were illegally residing in the United States have been deported back to India, according to the Ministry of External Affairs (MEA). This information was disclosed by MEA spokesperson Randhir Jaiswal during a weekly media briefing held on October 30.

Jaiswal emphasized that authorities conducted thorough verifications of the nationality and credentials of each individual before facilitating their return to India. This process is part of a broader effort to manage illegal migration effectively.

In addition to the deportations from the United States, the MEA spokesperson noted that approximately 100 Indian nationals have also been deported from the United Kingdom this year, following similar verification procedures.

The recent deportations are indicative of ongoing cooperative efforts between Indian and international authorities to address the issue of illegal migration. Notably, the number of Indian nationals detained while attempting to enter the U.S. illegally has significantly decreased, reaching a four-year low. Customs and Border Protection reported a remarkable 62% drop in such cases between October 2024 and September 2025.

Reports have highlighted specific instances of deportations, including a group of 54 individuals from Haryana. These individuals had used the so-called “donkey route,” a notorious path often employed by traffickers, to enter the U.S. illegally before being apprehended and sent back to India.

These developments underscore the heightened enforcement measures and diplomatic coordination aimed at tackling the challenges posed by illegal crossings and visa overstays involving Indian nationals. The collaborative approach reflects a commitment to managing migration more effectively and ensuring compliance with immigration laws.

As the situation evolves, authorities continue to monitor and adapt their strategies to address the complexities of illegal migration, ensuring that both national security and humanitarian considerations are taken into account.

According to Global Net News, these actions are part of a larger framework aimed at enhancing immigration controls and fostering international cooperation in managing migration flows.

Source: Original article

The new $100,000 fee for certain H-1B visa petitions, effective September 21, 2025, raises questions about applicability, exemptions, and payment processes for employers and foreign nationals.

The “Restriction on Entry of Certain Nonimmigrant Workers” is a presidential proclamation that introduces a significant $100,000 fee for specific H-1B visa petitions submitted after September 21, 2025. This new fee is set to impact a variety of stakeholders, including employers and foreign nationals seeking employment in the United States.

On October 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) provided an update regarding the fee’s applicability. This update clarified who is responsible for paying the fee, the timing of the payment, and the eligibility criteria for exemptions.

The $100,000 fee will not apply to H-1B petitions filed before September 21, 2025. Additionally, petitions filed on or after this date that involve an amendment, a change of status, or an extension of status for individuals already in the United States will also be exempt, provided these requests are approved.

While USCIS did not explicitly address change of employer petitions, these typically involve status extensions and are generally considered exempt from the fee. Beneficiaries approved under these conditions will not be required to pay the fee if they later leave the U.S. and apply for a new H-1B visa or seek admission in H-1B status.

Conversely, the $100,000 fee will apply to new H-1B petitions filed from September 21, 2025, onward for foreign nationals who are outside the U.S. without a valid H-1B visa. It will also apply to petitions requesting consular notification, port of entry notification, or pre-flight inspection for beneficiaries physically present in the United States.

In situations where a beneficiary is currently in a non-immigrant status within the U.S., but USCIS denies their change of status to H-1B, the employer must pay the fee for the beneficiary to apply for the H-1B visa abroad or seek admission in H-1B status.

Exemptions to the fee have also been clarified. Contrary to previous assumptions, organizations exempt from the American Competitiveness and Workforce Improvement Act (ACWIA) cap—such as nonprofit universities, governmental bodies, and nonprofit research institutions—are not relieved from paying the fee.

USCIS has outlined a very limited path for seeking a national interest waiver. Such waivers, granted solely at the discretion of the Secretary of Homeland Security, are reserved for “extraordinarily rare circumstances.” To qualify, employers must demonstrate that the foreign worker’s presence in the U.S. benefits national interests, that no U.S. worker can fill the role, that the individual poses no security or welfare risk, and that imposing the fee would harm U.S. interests. Requests with supporting documentation should be sent to H1BExceptions@hq.dhs.gov, although processing timelines remain unclear.

It is important to note that the USCIS criteria for exemption are more restrictive than the broader provisions outlined in the original proclamation, which allowed for industry-wide or company-wide exemptions deemed to be in the national interest.

The payment process for the $100,000 fee requires completion online via ACH transfer to the U.S. Treasury before filing the petition. The payment portal indicates that a full refund will be processed if the application is not approved. However, it remains unclear if this refund policy applies solely to visa applications or also to petitions. There is no explicit guidance on payment timing if a change of status request is denied.

Legal challenges to the fee have already emerged. Several lawsuits have been initiated, including one filed in the Northern District of California by diverse employers, such as healthcare recruiters and unions. Additionally, the U.S. Chamber of Commerce has filed a separate suit in the District of Columbia, alleging that the fee is unlawful and detrimental to American businesses.

Given the ongoing uncertainties surrounding the fee’s implementation and the unsettled regulatory environment, foreign nationals currently in the United States should exercise caution before planning any travel abroad, especially when needing to secure an H-1B visa. The guidance is subject to change without formal rulemaking, and potential government shutdowns could limit consular services, leading to delays. Therefore, travel plans should be flexible and coordinated closely with legal counsel and employers.

Source: Original article

USCIS has announced new guidelines regarding the H-1B visa program, including a $100,000 fee for certain petitions starting September 21, 2025, along with specific exceptions.

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance concerning the Proclamation Restriction on Entry of Certain Nonimmigrant Workers. This proclamation, originally announced on September 19, is part of the administration’s ongoing reform of the H-1B nonimmigrant visa program.

Beginning at 12:01 a.m. Eastern Daylight Time on September 21, 2025, all new H-1B petitions must include an additional payment of $100,000 to be eligible for consideration. This requirement specifically targets petitions filed on behalf of beneficiaries who are outside the United States and do not currently hold a valid H-1B visa.

The new fee structure also applies to petitions that request consular notification, port of entry notification, or pre-flight inspection for individuals already in the U.S. If a petition is filed after the specified time and requests a change of status, amendment, or extension of stay, the $100,000 fee will be required if USCIS determines that the alien is ineligible for such changes. This could occur if the individual is not in a valid nonimmigrant status or if they leave the U.S. before their change of status request is adjudicated.

Importantly, the proclamation does not affect any H-1B visas that have already been issued and remain valid, nor does it apply to petitions submitted prior to the cutoff time. Holders of current H-1B visas, as well as beneficiaries of approved petitions, are not restricted from traveling in and out of the United States.

Furthermore, if a petition is filed after the deadline and requests an amendment, change of status, or extension of stay for an alien already in the U.S., the $100,000 fee will not apply if the alien is granted the requested changes. If such an alien subsequently departs the U.S. and applies for a visa based on the approved petition, they will not be subject to the payment requirement upon re-entry.

Petitioners must submit the $100,000 fee through pay.gov, adhering to the instructions provided on the platform. Payment should be completed before filing the petition with USCIS. Petitioners are required to provide proof of payment or evidence of an exception from the Secretary of Homeland Security when submitting the H-1B petition. Failure to include this documentation will result in denial of the petition.

Exceptions to the $100,000 payment can be granted by the Secretary of Homeland Security under rare circumstances. These exceptions are reserved for cases where the Secretary determines that the alien worker’s presence in the U.S. as an H-1B worker is in the national interest, that no American worker is available for the position, and that the alien does not pose a threat to national security or welfare. Additionally, it must be established that requiring the employer to make the payment would significantly undermine U.S. interests.

Employers who believe their worker meets these stringent criteria may request an exception by submitting their request and supporting evidence to H1BExceptions@hq.dhs.gov.

As the September 2025 deadline approaches, employers and potential H-1B petitioners should prepare for these changes and consider the implications of the new fee structure on their hiring processes.

Source: Original article

New regulations may impose a $100,000 fee on certain H-1B visa applications, raising questions about their impact on visa status and processing.

The recent announcement regarding a $100,000 fee for specific H-1B visa applications has sparked concern among prospective applicants and current visa holders. This fee, which is set to take effect at 12:01 a.m. EDT on September 21, 2025, is aimed primarily at H-1B workers who are currently outside the United States.

As the situation evolves, many are left wondering how this new fee will affect their visa status and application processes. The American Immigration Lawyers Association (AILA) has reached out to the U.S. Citizenship and Immigration Services (USCIS) for clarification on various scenarios that remain uncertain.

According to the current guidelines, the payment of the $100,000 fee is required for new H-1B petitions filed by companies seeking to bring workers from outside the U.S. However, the requirements become less clear in other situations. For example, if a company files a new petition to bring back someone who was previously on an H-1B visa but is currently outside the U.S., the necessity of the fee is still uncertain.

In cases where an individual is applying for an H-1B visa from within the U.S., such as an F-1 student transitioning to H-1B status, the requirement for the fee is also unclear. The USCIS has yet to provide definitive guidance on these matters.

For existing H-1B visa holders, the implications of the new fee vary significantly. Those applying for an extension or renewal with the same employer do not need to pay the fee, nor do individuals transferring to a new employer while remaining in the U.S. Additionally, existing H-1B workers who travel abroad during the extension or transfer process will not be required to pay the fee, provided their petition was filed while they were still in the U.S.

Current H-1B visa holders who are outside the country and wish to re-enter the U.S. will also not be subject to the fee. This exemption applies to individuals who have been counted against the cap and are returning to the U.S. after traveling abroad.

Despite these clarifications, many questions remain unanswered. The AILA has submitted a four-page questionnaire to the USCIS, seeking further details on various aspects of the new fee, including its implications for renewals, changes of employer, amended petitions, cap-exempt petitions, extensions of stay applications, and the payment method for the fee. They are also inquiring about the status of H-4 dependents.

The Indu Law Group (ILG) notes that the situation is rapidly changing as agencies work to implement the new proclamation. As more information becomes available, it is crucial for individuals affected by these changes to stay informed and seek guidance regarding their specific circumstances.

For those with questions about how the new fee may impact their H-1B visa status, it is advisable to consult with immigration experts or legal professionals who can provide tailored advice based on individual situations.

As the deadline approaches, the uncertainty surrounding the $100,000 fee continues to generate discussions among stakeholders in the immigration community. The potential for extensions of the proclamation adds another layer of complexity to the situation, making it essential for applicants to remain vigilant and proactive in understanding their rights and responsibilities under the new regulations.

Source: Original article

USCIS has released a revised Form I-129, which will be the only accepted version starting May 1, 2015, enhancing the petition process for nonimmigrant workers.

The U.S. Citizenship and Immigration Services (USCIS) has announced the availability of a revised Form I-129, known as the Petition for a Nonimmigrant Worker. This updated form, which bears an edition date of October 23, 2014, is now accessible for download on the USCIS forms website.

Beginning May 1, 2015, USCIS will only accept the October 23, 2014 edition of Form I-129. After this date, previous versions of the form, including those dated October 7, 2011, January 19, 2011, and November 23, 2010, will no longer be valid for submission.

The revised Form I-129 is designed to prompt users to complete the form thoroughly, thereby enhancing the efficiency of the processing system at USCIS. By encouraging comprehensive submissions, the agency aims to streamline operations and reduce processing times for applicants.

USCIS emphasizes the importance of using the most current version of the form to avoid delays in processing. It is advisable for applicants and their representatives to download the revised form directly from the USCIS website to ensure compliance with the latest requirements.

For more information on who may file Form I-129 and additional details regarding the petition process, interested parties can visit the USCIS forms website.

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Effective immediately, the U.S. Embassy in New Delhi has ended third-party passport collection to enhance security for passports and visa documents.

NEW DELHI – The U.S. Embassy in New Delhi has announced the immediate discontinuation of third-party passport collection services in India. This change is part of a new security measure aimed at improving the safety of passports and supporting visa documents.

Under the new policy, all visa applicants are required to collect their passports in person from the embassy or a consulate. However, for minors, a parent or legal guardian may collect the passport on their behalf, provided they present an original, signed consent letter from both parents. It is important to note that scanned or emailed consent letters will not be accepted.

To accommodate those who may find it challenging to visit the embassy in person, the U.S. Embassy has introduced an alternative option. Applicants can choose to have their passports delivered to their home or office for a fee of ₹1,200. This delivery service can be selected by updating the document delivery preferences online.

The embassy has also provided guidance for applicants who may encounter technical issues during this process. They are encouraged to report any problems through the “Feedback/Requests” feature on their profile. It is advisable to include a screenshot of the error and specify the preferred delivery location. The embassy recommends that applicants avoid contacting the call center for these updates and instead refer to the official website or their Visa Application Home page for further information.

This policy change reflects the embassy’s commitment to ensuring the security of sensitive documents and enhancing the overall experience for visa applicants.

According to India-West, the U.S. Embassy’s decision underscores the importance of safeguarding personal information and maintaining the integrity of the visa application process.

Source: Original article

USCIS has released a revised edition of Form I-129, which will be the only accepted version starting May 1, 2015.

The U.S. Citizenship and Immigration Services (USCIS) has announced the availability of a revised Form I-129, Petition for a Nonimmigrant Worker. This updated form is dated October 23, 2014, and is now accessible for download on the USCIS forms website.

Beginning May 1, 2015, USCIS will only accept the October 23, 2014, edition of Form I-129. After this date, previous editions of the form, specifically those dated October 7, 2011, January 19, 2011, and November 23, 2010, will no longer be accepted.

The revision aims to enhance the completion process for applicants, ensuring that all necessary information is provided. USCIS encourages users to download the revised form to facilitate smoother processing and compliance with the updated requirements.

For more information on who may file Form I-129 and to access the revised document, visit the USCIS forms website.

Source: Original article