H-1B visa applicants face more disruptions amid social media checks
H-1B applicants face a challenging year ahead as political pushback on visas is reinforced by a series of actions by the U.S. administration.
US Embassy in India on Monday sent X reported that since December 15, it has begun conducting online presence reviews of all H-1B and H-4 visa applicants in an effort to prevent “abuse of the H-1B program.”
The U.S. Department of Labor offered pay last week protection This law could discourage companies from sponsoring H-1Bs for workers, experts said.
This would “significantly increase the effective wage for all H-1B holders,” Manish Daftari, partner at immigration consultancy Vialto Partners, told CNBC. He added that once this rule is implemented, “companies will likely reduce the number of H-1B sponsorships.”
Additionally, the Department of Homeland Security’s proposal for a weighted selection rule gives priority Highest-paid workers when choosing for the H-1B lottery reportedly in the final stages of investigation.
“These rules could make H-1B largely inaccessible to recent graduates and early-career professionals — even if they work in emerging or critical fields,” said Cecilia Esterline, senior immigration policy analyst at the Niskanen Center. he warned.
Any changes to H-1B rules would likely disproportionately harm Indians, who dominate the program and have made up more than 70% of beneficiaries in recent years.
Amazon, Meta, Microsoft, Tata Consultancy ServicesAnd Google Top five employers sponsoring H-1B visas according to data From U.S. Citizenship and Immigration Services.
“There may be some job losses if either or both rules are implemented, but the biggest impact will likely be for companies to move away from sponsoring H-1Bs for workers,” Daftari said.
H-1B deductions
Many H-1B applicants are already facing significant delays as U.S. consulates in India reschedule visa appointments to comply with social review requirements.
Appointments have been rescheduled over the past two weeks, often without notice, “creating a significant disruption in people’s ability to return to the United States,” Daftari said.
He said most December and January appointments were moved to March and April, while some were postponed until August.
The U.S. State Department conducts social media reviews of all H-1B and H-4 applicants worldwide as part of standard visa screening.
The purpose of social media review is to detect security threats and inconsistencies in applicant information, such as job title differences on LinkedIn, but experts have questioned the need for extra scrutiny for all applicants.
Esterline said applying social media review to all cases, including renewals of applicants, is an “inefficient and likely ineffective policy” that could create “delays for American employers and consumers.”
political overtones
Visa applicants will face more challenges next year as more policy changes come into force.
“A lot of these policies seem to be aimed at appeasing domestic political constituencies,” said Amitendu Palit, senior research fellow at the Institute of South Asian Studies. He noted that an eventual workaround may be found for some of these rules because “capabilities in U.S. technology are non-negotiable.”
U.S. Vice President J.D. Vance said Sunday that his government is working “to restrict H-1B visas” because he believes it is wrong for companies to “skip American labor and turn to cheaper options in the third world.”
Vance was most likely referring to this move by US President Donald Trump. Increase the H-1B visa fee for new applications to $100,000.
While these restrictions caused a slowdown in hiring and a shrinking talent pool, they also had the desired effect as companies discovered ways to upskill their existing workforce and create new pipelines of talent to American universities and large corporations.
But decisions to charge high fees for H-1B visas have also sparked backlash from industries and policymakers.
In October, the U.S. Chamber of Commerce filed a lawsuit against the Trump administration over its $100,000 fee for H-1B worker visas.
Earlier this month, the New York Times reported that attorneys general in 20 states, including California and New York, had filed suit. lawsuit filed Trump administration increases the H-1B visa fee.
“This administration has leveraged valid concerns about H-1B to justify a far-reaching approach to limiting H-1B access,” Esterline said.
