Explained | How Trump's visa policy shift could hit Indian workers, students

After slapping 50 per cent tariffs on Indian goods, the Donald Trump administration is planning to tweak H-1B and student visa policies. Sumit Pande explains how the proposed changes could impact Indians in specialty professions and students aspiring to pursue higher education in the US.

What is an H-1B visa?

The H-1B visa allows US employers to temporarily employ foreign workers in specialty occupations, or as fashion models of distinguished merit and ability. It is a non-immigrant visa that requires a bachelor’s degree or equivalent in a specific field. To obtain a visa under this category, the applicant must demonstrate that the job they will perform in the US requires the theoretical and practical application of specialised knowledge.

What are specialised occupations?

The US State Department defines a specialty occupation as one that “requires the application of a body of highly specialised knowledge and the attainment of at least a bachelor’s degree or its equivalent". The programme was designed to enable US companies to hire qualified individuals who are not otherwise authorised to work in the US.

What are the eligibility criteria for an H-1B visa?

An H-1B visa application must be sponsored by the US employer of the foreign worker, accompanied by mandatory petitions submitted to the US Citizenship and Immigration Services (USCIS). To protect US citizens having similar skill sets, companies sponsoring H-1B visas must attest that wages paid to the H-1B workers would be at least equal to the wages paid to US employees with similar experience and qualifications.

Why are H-1B visas most sought after?

For employers, the visas offer a global pool of highly skilled talent, especially in the fields of technology and sciences that may not be available in the US workforce. For employees, a work permit under the programme opens up a host of opportunities to work in their field of expertise. The visa is also seen as a potential pathway to a green card or permanent residency.

What changes are being proposed in the H-1B visa policy?

US Commerce Secretary Howard Lutnick claims the current programme is a “scam” that eats into the job opportunities for US citizens. One of the changes under consideration is the scrapping of lottery-based allocation of visas under, which allows a level playing field for mid-level employees and companies. The new policy could prioritise visa applications based on high remuneration and specialised skills.

Are student visas also under review?

Since the seventies, foreign students have been allowed to stay in the US till they are enrolled in any educational institution. The Trump administration is considering setting fixed time limits for student or F-1 visas, which would introduce an element of uncertainty for those intending to pursue higher studies in the US. The White House also plans to shorten the duration of visas issued to cultural exchange visitors and media. Around 79,000 Indian students arrived in the US in July 2025, a drop of nearly 29 per cent.

How do the changes affect India?

More than two-thirds of the H-1B visas are currently issued to Indians, especially those associated with the IT sector. A policy change could impact job opportunities for Indians, especially in mid-level companies and start-ups. About two-thirds of the H-1B visa workforce is for tech jobs. In 2026, as per the existing provisions, 65,000 regular H-1B visas would be granted.