Green Card dreams at risk? This H-1B visa proposal could change everything for Indians

Texas Republican Congressman Chip Roy recently introduced draft legislation in the US Congress to overhaul the H-1B visa, one of the most widely used routes for skilled workers to live and work in the US. If passed, the bill could impact Indians massively, as roughly 7 of every 10 H-1B workers in the US are Indian-born. 

What is the H-1B visa, and who uses it?

The H-1B is a US visa for skilled foreign professionals (engineers, software developers, scientists). Roy said, "For its nearly forty-year history, the H-1B visa has been abused, allowing employers to routinely sideline American STEM workers in favour of cheap foreign labour, while masking layoffs and wage suppression as ‘shortages.’"

Thousands of applications are filed each year, often exceeding the quota. Due to this, winners are selected through a lottery system. 

What changes is the bill pushing for?

At present, a professional can enter the US on an H-1B visa, and their employer can sponsor them for a green card. The bill by Roy seeks to replace the lottery system with a merit-and-wage-based system. It also advocates for reducing the maximum visa stay from 6 years to 2 years, requiring the applicants to prove that they intend to return home, and cancelling the extension provisions used while awaiting a green card. 

What is "dual intent"?

Most non-immigrant visas require you to prove that you will return home after your visit, but the H-1B visa is exempt from this rule. Under the dual intent policy, visa holders can pursue permanent residency while working in the US.

You can travel internationally on an H-1B visa without your visa being cancelled at the border. Moreover, you won't lose your legal status if your employer sponsors you for a Green Card. 

This framework protects workers from losing their work status simply because they took steps to immigrate permanently. Dual intent just permits you to apply, but you will have to qualify for the Green Card on your own. 

What is OPT, and why is it being targeted?

Optional Practical Training (OPT) allows international students to work in the US for a limited period after graduation while securing employer sponsorship.

Graduates with qualifying STEM degrees can apply for an additional 24-month extension, giving them 36 months to work and secure H-1B sponsorship. If your OPT status expires before your H-1B petition's start date, your F-1 status and employment authorisation are automatically extended under the cap-gap rule. 

If passed, will it impact Indians?

Currently, an Indian professional can stay in the US while waiting for a green card, which often takes many years for Indians. If the bill becomes a law, the wait for a green card can stretch 10-20 years or even longer because of country-specific caps on green cards.

Indians face the longest backlogs compared to any other nationality. A worker whose green card processing is pending could be forced to leave once their visa expires. It would also do away with OPT, which is a bridge between studying and applying for an H-1B for many Indian students. 

Will this bill become law?

The bill needs majority support in Congress to move forward and be signed by the President. Roy is leaving office after losing a Texas attorney general primary. But the pressure on the H-1B is not going away anytime soon.