Why in News?

• The U.S. government is set to introduce significant changes to its employment- and education-based immigration framework.
• The reforms target the H-1B visa programme, Optional Practical Training (OPT), employment-based Green Cards, and H-4 work authorisation.
• These will have far-reaching consequences for Indian professionals and students, who form the largest beneficiary group of these pathways.

What’s in Today’s Article?

• Key Changes to the H-1B Visa Programme
• Changes to Employment-Based Green Cards
• Major Changes for International Students
• Tighter Rules for OPT and CPT
• Changes Affecting H-4 Visa Holders
• Broader Implications for India

Key Changes to the H-1B Visa Programme:

• Stricter H-1B eligibility and compliance:
  • Expected to take effect from August, the department of homeland security (DHS) proposes reducing exemptions from the annual H-1B cap currently available to certain universities and research organisations.
  • Companies deploying H-1B workers to third-party client sites—a common model among Indian IT and consulting firms—will face tighter compliance requirements.
• New employer obligations:
  • Demonstrate a genuine employer-employee relationship.
  • Prove that the employee will perform specialised occupation work at the client site.
  • Submit more extensive supporting documentation.
  • Employers with previous H-1B violations will face enhanced scrutiny.
• Impact on India: The U.S. annual H-1B quota remains 85,000 visas. Indian nationals receive nearly 71–74% of approved H-1B visas, making India the country most affected by these reforms.

Changes to Employment-Based Green Cards:

• Higher wage thresholds: The Department of Labor has proposed raising the entry-level wage benchmark for:
  • H-1B visa applications.
  • Program Electronic Review Management (PERM) process—the first step towards employment-based Green Cards.
• Proposed revision: Wage benchmark to increase from the 17th percentile to the 34th percentile.
• Likely consequences:
  • Employers will need to offer significantly higher minimum salaries.
  • Sponsoring foreign workers and Green Card applications will become more expensive.
  • Smaller firms may reduce hiring of foreign professionals.

Major Changes for International Students:

• Shift from flexible to fixed stay: Currently, international students remain in the U.S. under the "duration of status" system, allowing them to stay as long as they comply with academic requirements.
• The proposed rule replaces this: With fixed periods of stay, after which students must apply for extensions to continue studying or remain in the U.S.
• Why it matters for India?
  • During 2023–24, India became the largest source of international students in the U.S., with approximately 3 lakh students.
  • Nearly 50% of Indian students originated from Telangana and Andhra Pradesh, making these States particularly vulnerable to the changes.

Tighter Rules for OPT and CPT:

• A separate proposal, expected from February 2027, aims to tighten regulations governing:
  • Optional Practical Training (OPT).
  • Two-year STEM OPT Extension.
  • Curricular Practical Training (CPT).
• Implication:
  • OPT and CPT are crucial pathways enabling international students to gain U.S. work experience after graduation.
  • Stricter eligibility conditions could reduce employment opportunities for Indian graduates and affect the education-to-employment pipeline.

Changes Affecting H-4 Visa Holders:

• End of automatic work permit extensions: Currently, spouses of H-1B visa holders working under H-4 Employment Authorization Documents (EADs) receive automatic extensions while renewal applications are pending.
• Under the proposed rule:
  • Automatic extensions will be discontinued.
  • Applicants must wait for formal approval.
  • Processing delays may result in temporary loss of work authorisation and employment interruptions.

Broader Implications for India:

• Economic and labour market:
  • Indian IT services, consulting firms and multinational companies relying on onsite deployment models may face higher compliance costs.
  • Increased wage thresholds could reduce hiring of entry-level foreign professionals.
• Education:
  • Greater uncertainty for Indian students pursuing higher education in the U.S.
  • Reduced attractiveness of the U.S. as a study destination if post-study work opportunities become more restrictive.
• Migration and bilateral relations:
  • May encourage diversification of skilled migration towards countries such as Canada, Australia, the UK and Germany.
  • Immigration policies are likely to remain an important issue in India–U.S. strategic and economic relations, particularly in the context of mobility of skilled professionals.