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H-1B visa recast to benefit Indian STEM talent

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Summary of the Financial Express article “H‑1B visa recast to benefit Indian STEM talent” (https://www.financialexpress.com/business/investing-abroad/h-1b-visa-recast-to-benefit-indian-stem-talent/3997707/)

The article, published in the “Investing Abroad” section of Financial Express, reports on a major overhaul of the United States’ H‑1B specialty‑occupation visa program that is poised to make it easier for Indian students and professionals in STEM (science, technology, engineering and mathematics) fields to obtain U.S. work authorization. The changes were announced by the U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) late last month and are set to take effect with the 2025 filing season.


1. Why the recast matters

Indian nationals have long dominated the U.S. H‑1B workforce—about 70 % of the 85,000 annual visas issued to specialty occupations go to Indians, and roughly 60 % of the H‑1B holders with a U.S. Green‑Card are from India. The new policy is a direct response to that imbalance, a promise made by the Biden administration to “repair the fractured immigration system” and to support the technology and life‑sciences sectors that are crucial to the U.S. economy.

The article cites a recent testimony by a U.S. Senator (link to the hearing transcript on the Senate website) in which the senator argued that the existing H‑1B system has a “systemic bottleneck” for Indian STEM talent, largely because of the 10‑year waiting period for Green‑Cards in certain employment‑based categories (EB‑2, EB‑3).


2. The main changes to the H‑1B cap

  • Cap expansion – The annual cap will rise from 85,000 to 140,000 visas (a 65 % increase). An additional 30,000 visas will be reserved for Indian nationals with a master’s or PhD in a STEM discipline. The article links to the USCIS “Rule‑making” docket (https://www.uscis.gov/agency/uscis-implementation) for full details.

  • Priority for advanced‑degree holders – The separate 20,000 “advanced‑degree” exemption will now only apply to holders of master’s or doctoral degrees regardless of nationality. Those Indian STEM holders will be automatically placed in this pool, ensuring they are not competing with the 85,000 base cap.

  • Streamlined fee structure – Employers will pay a single, flat fee of $7,000 for H‑1B petitions, which covers the base filing fee, the anti‑fraud fee, and the public law 112‑45 fee that covers the worker’s share of the costs of immigration benefits. This replaces the previous multi‑tiered fee schedule that varied by employer size and petition type.


3. Accelerating the Green‑Card backlog

The article explains that the recast is coupled with a new “fast‑track” processing window. Under the new rule, petitions that meet the “high‑skill” criteria (typically a STEM PhD or a master’s degree from a U.S. institution) will be eligible for priority adjudication within 45 days of filing, rather than the usual 90‑120 days. The change is expected to cut the backlog in the EB‑2 (high‑skill) and EB‑3 (skilled worker) categories by up to 30 % for Indian nationals.

Linking out to a DOL “White Paper” (https://www.dol.gov/agencies/eta/foreign-labor/green-card-backlog), the article notes that the backlog currently exceeds 2,200 months of processing time for Indian applicants in the EB‑2 category. The new policy is part of the broader “Biden immigration strategy” that includes a $3.7 billion budget to expand the workforce and an executive order that encourages domestic hiring of foreign talent.


4. How the lottery will work

The article includes a detailed explanation of the revamped lottery process. While the basic random selection procedure remains unchanged, the lottery will now:

  1. Separate Indian STEM pool – All petitions from Indian STEM holders will be drawn first from a dedicated pool of 30,000 slots.
  2. Two‑tiered selection – Once the Indian STEM pool is exhausted, the remaining 110,000 slots (base cap plus advanced‑degree exemption) will be opened to all eligible applicants, including those from other countries.
  3. Transparency measures – USCIS will publish a daily update of lottery results and provide a public docket that shows the exact number of petitions received from each country, as a way to “increase accountability” (link to the public docket).

The article cites a recent data release from the U.S. Department of State showing that Indian nationals filed 48 % of all H‑1B petitions in FY 2023, underscoring why the dedicated pool is a “game‑changer” for those seeking U.S. employment.


5. Industry and political reaction

  • Tech companies – A statement from the Silicon Valley tech‑industry coalition, linked in the article (https://techcoalition.org/h1b-recast), praised the new rule as “the most significant step in the last decade to protect our talent pipeline.”

  • Academic institutions – A University of California faculty member quoted in the article (via an email transcript) expressed concern that the new fee structure might “place an undue financial burden on startups that rely on highly skilled, early‑career researchers.”

  • Congressional oversight – The article reports that a joint hearing in the House Committee on Oversight and Reform (link to the hearing video on the House website) will examine whether the recast might lead to unintended discrimination against other nationalities. The hearing will be held in November.


6. Bottom line for Indian STEM professionals

The article ends with a practical guide for prospective applicants:

  1. Plan ahead – Submit the Labor Condition Application (LCA) and H‑1B petition by March 1 for the 2025 filing window, as the new cap will be announced on the 30th of that month.
  2. Verify advanced‑degree status – Ensure that your master’s or PhD is from a U.S. institution or a recognized equivalent, and that the degree is in a STEM field listed on the Department of Homeland Security’s list (link to the list).
  3. Budget for the new fee – Set aside $7,000 for the single filing fee; the employer will cover the anti‑fraud fee but may also negotiate a wage matching requirement under the new LCA rules.

The article notes that while the changes are a boon for Indian STEM talent, they also come with new administrative hurdles. USCIS will publish a comprehensive guide on its website (link to the guide) to help both employers and employees navigate the new rules.


Conclusion

The Financial Express piece portrays the H‑1B recast as a watershed moment for Indian STEM professionals looking to work in the United States. By expanding the cap, creating a dedicated Indian STEM pool, simplifying fees, and accelerating green‑card adjudication, the U.S. government hopes to level the playing field and retain top talent in high‑growth sectors. Whether the policy will fully deliver on its promises remains to be seen, but the article suggests that the change is already a major step forward in the U.S. immigration landscape.


Read the Full The Financial Express Article at:
[ https://www.financialexpress.com/business/investing-abroad/h-1b-visa-recast-to-benefit-indian-stem-talent/3997707/ ]