The US Department of Homeland Security has introduced reforms to the H-1B visa program. These changes are set to impact skilled Indian workers and global tech firms. These changes are designed to make hiring foreign talent costlier for US companies and ensure that only the most skilled professionals are sponsored. But will any of these changes affect the Indian tourists? Let’s find out!
What Is a US H-1B Visa?
A US H-1B visa is a non-immigrant visa that permits US employers to temporarily hire foreign workers in specialty occupations. These are the occupations that require specialized knowledge and at least a bachelor’s degree or equivalent in a related field.
A specialty occupation typically includes fields like technology, engineering, mathematics, medicine, and the sciences. This visa status is normally granted for three years and can be extended for up to six years total.
Features and Benefits of the US H-1B Visa
This visa is employer-sponsored, which means that the employer must petition on behalf of the foreign worker to the US Citizenship and Immigration Services (USCIS). The employer must pay the H-1B worker at least the prevailing wage or actual wage for the occupation in the region.
There is an annual cap of 85,000 new H-1B visas, including a lottery system for oversubscribed years. The visa allows “dual intent,” meaning H-1B holders can pursue permanent residency (a green card) while working in the US.
If employment ends, visa holders must secure new sponsorship, change status, or leave the country, though a grace period is available. Spouses and children (under 21) of H-1B holders receive H-4 visas, which have limited work authorization options.
Changes Introduced In H-1B Visa Policy
- Starting September 21, 2025, employers applying for a new H-1B visa must pay a one-time fee of $100,000 for each petition. Previously, this fee was much lower, between $2,000 and $5,000
- The fee applies only to new applications. If someone already has an H-1B visa or is simply renewing it, they do not need to pay this new fee.
- People currently on an H-1B visa can travel in and out of the US just as before. The new fee does not apply to them if they return from a trip overseas.
The President announced this policy to discourage misuse of this visa. It will also help in making sure that the companies are hiring the most skilled workers. The US government is also planning to raise minimum wage requirements for H-1B workers and give priority to higher-paid, highly-skilled applicants in future H-1B lotteries.
How Will These Changes Affect Indian Tourists?
The recent changes to the US H-1B visa policy will not affect Indian tourists or those traveling on visitor (B-1/B-2) visas. Recent clarifications by US officials have reassured that the travel and entry rules for current H-1B holders, families, and tourist visa holders remain unchanged.
Reasons:
- The new H-1B visa policy and high fee only apply to people seeking to work in the US under the H-1B program and not to tourists.
- Tourism, family visits, medical treatment, and short business trips are covered by different kinds of visas (like B-1/B-2), which have not seen any significant rule changes as of September 2025.
- Indian travelers who apply for a US tourist/visitor visa or renew their existing one can continue to follow the current process without facing the new $100,000 fee or extra restrictions.
Summing Up
The H-1B policy changes target skilled workers and companies hiring them, not holiday travelers or visitors. Indian tourists are free to visit the US as before, using regular tourist visas. The high fee and other new rules won’t apply to anyone traveling for tourism or short-term purposes.
