A fresh immigration reform proposal in the United States could provide a new pathway to permanent residency for millions of long-term immigrants, including a large number of Indian H-1B visa holders waiting for Green Cards. However, the legislation is expected to face significant political hurdles before it can become law.

US Senator Alex Padilla has renewed support for the Renewing Immigration Provisions of the Immigration Act of 1929 Bill, which seeks to modernise the country's immigration system by expanding eligibility for lawful permanent residency.

If approved by Congress, the proposal could ease decades-long Green Card backlogs that have particularly affected skilled Indian professionals employed in the United States.

Bill Seeks to Modernise Immigration Rules

The proposed legislation would amend Section 249 of the Immigration and Nationality Act, commonly known as the Registry provision.

The existing law, last updated in 1986, allows only certain immigrants who entered the United States before January 1, 1972, to apply for permanent residency under the Registry process.

Padilla's bill proposes replacing this outdated cutoff by allowing immigrants who have continuously lived in the United States for at least seven years before filing an application to become eligible for lawful permanent residency, provided they meet legal requirements, including maintaining a clean criminal record.

Describing the proposal as a "common-sense" reform, the California Democrat said the country's immigration laws no longer reflect present-day realities and should provide fair opportunities for long-term residents contributing to the American economy.

Relief for Indian H-1B Professionals

The proposal is being closely watched by Indian professionals, who make up the largest share of H-1B visa holders in the United States.

According to official US immigration data, nearly 70% of the approximately 85,000 H-1B visas issued annually are granted to Indian nationals. Many of these professionals remain stuck in employment-based Green Card queues for years due to country-specific annual limits.

Industry estimates indicate that around one million Indians are currently waiting in the US employment-based Green Card backlog, with some families facing waiting periods stretching over several decades.

If enacted, the proposed law could provide an alternative route to permanent residency for many skilled Indian workers who have spent years contributing to the US economy while awaiting Green Card approval.

Wider Impact Beyond H-1B Holders

Apart from highly skilled professionals, the legislation would also benefit several other categories of long-term immigrants.

According to Senator Padilla's office, the bill could make more than eight million people eligible to apply for lawful permanent residency, including Dreamers, Temporary Protected Status (TPS) holders, children of long-term visa holders, essential workers and other immigrants who satisfy residency and eligibility conditions.

Immigration experts believe the proposal could also benefit thousands of Indian students who graduate from US universities, transition to Optional Practical Training (OPT), and later obtain H-1B visas before entering the lengthy employment-based Green Card process.

Political Challenges Remain

Despite its potential benefits, the proposal faces an uncertain future in the US Congress, where immigration continues to be one of the most politically divisive issues.

While the legislation has backing from several Democratic lawmakers, Republican leaders have recently introduced multiple proposals aimed at tightening immigration policies and restricting employment-based visa programmes.

Earlier this year, lawmakers introduced separate bills proposing significant restrictions on the H-1B programme, including temporary suspension of new visas and, in some cases, a phased elimination of the programme altogether.

Given the current political landscape, analysts believe securing bipartisan support for Padilla's Green Card reform bill will be challenging.

Long Legislative Process Ahead

The proposal must clear multiple stages in both the Senate and the House of Representatives before it can be signed into law.

While the bill offers hope to millions of immigrants waiting for permanent residency, including thousands of Indian professionals, its passage remains uncertain amid ongoing political disagreements over US immigration policy.

For now, the legislation represents one of the most significant recent attempts to address long-standing Green Card backlogs affecting skilled foreign workers in the United States.

The administration of US President Donald Trump has launched its first large-scale investigation into alleged fraud involving the H-1B visa and PERM labour certification programmes, marking a significant escalation in scrutiny of employment-based immigration.

The investigation, led by the US Department of Labor's Office of Inspector General, is examining allegations of fraudulent visa applications, misuse of labour certification procedures and other potential violations linked to foreign worker recruitment.

US Labor Department Inspector General Anthony D'Esposito said investigators have already issued dozens of summons as part of the ongoing inquiry. During a television interview, he identified US-based IT services company Cognizant as one of the firms mentioned by whistleblowers. However, he emphasized that the company has not been charged with any wrongdoing, and its mention does not imply guilt.

The announcement comes ahead of Vice President JD Vance's anti-fraud initiative in Milwaukee, where the administration is expected to outline broader efforts targeting fraud, illegal immigration and organised crime.

Whistleblower Information Under Review

Speaking to Fox Business, D'Esposito said investigators had received information involving several major corporations operating in the United States.

He noted that whistleblower complaints had prompted investigators to examine whether companies or individuals misused employment-based visa programmes through false documentation or other fraudulent practices.

At the same time, he clarified that mentioning Cognizant was part of the investigative process and should not be interpreted as an allegation of misconduct.

Authorities said every lead provided by whistleblowers would be thoroughly examined before any conclusions are drawn.

Dozens of Summons Already Issued

According to investigators, federal authorities have already served dozens of summons while collecting documents and evidence related to the H-1B visa programme and the PERM labour certification system.

The H-1B visa allows US employers to recruit highly skilled foreign professionals for specialised occupations, particularly in technology, engineering, healthcare and scientific research. The visa is generally issued for three years and can be extended for a maximum of six years.

The PERM programme is a mandatory labour certification process through which employers demonstrate that qualified American workers are unavailable before sponsoring many foreign employees for permanent residency.

Officials said the probe will focus on potential misuse of these programmes, including fraudulent applications, false employment records and violations of immigration or labour regulations.

Administration Links Visa Fraud to Broader Crime

Inspector General D'Esposito argued that immigration-related fraud should also be viewed through the lens of organised crime.

He claimed certain forms of labour exploitation and human trafficking connected to foreign workers have links to transnational criminal organisations and drug cartels.

According to the administration, strengthening oversight of employment-based visa programmes is part of a wider strategy aimed at improving national security, protecting American workers and preventing abuse of immigration systems.

White House Press Secretary Karoline Leavitt also confirmed that the Trump administration has initiated a major investigation into alleged H-1B visa fraud.

Technology Sector Faces Closest Scrutiny

The technology industry remains the largest beneficiary of the H-1B visa programme, accounting for an estimated 60–70% of newly approved visas in recent years.

Apart from technology companies, engineering firms, consulting companies, healthcare organisations, universities and research institutions also rely heavily on skilled foreign professionals recruited through the programme.

Indian professionals continue to dominate H-1B approvals. According to US government data, around 71% of approved H-1B beneficiaries during fiscal year 2024 were Indian citizens, making India by far the largest source of skilled workers under the programme.

As a result, the investigation is expected to attract significant attention in India, where thousands of engineers, software developers, researchers and healthcare professionals depend on the H-1B programme for employment opportunities in the United States.

Legal Debate Continues

The investigation follows a recent federal court ruling that blocked a Trump administration proposal requiring employers to pay a USD 100,000 application fee for H-1B visas.

The court held that the executive branch lacked the authority to impose such a fee without congressional approval.

While the visa programme remains operational, the latest investigation signals a tougher enforcement approach toward alleged abuse of employment-based immigration systems. Authorities have indicated that the inquiry remains ongoing and that no conclusions regarding individual companies or organisations have been reached.

The proposed H-1B visa fee would have significantly increased costs for employers and applicants. The court ruling is expected to benefit Indian professionals, who account for nearly 70% of approved H-1B work visas.

A United States federal court has struck down former President Donald Trump’s proposal to impose a $100,000 fee on H-1B visa applications, delivering a significant legal setback to the administration’s immigration agenda and offering relief to thousands of Indian professionals seeking employment opportunities in the country.

In a ruling issued on Monday, US District Judge Leo Sorokin held that the President did not possess the legal authority to introduce such a fee without approval from Congress. The decision effectively blocks a measure that would have dramatically increased the cost of hiring foreign skilled workers under the H-1B visa programme.

Court Questions Presidential Authority

In his 42-page judgment, Judge Sorokin concluded that the proposed fee amounted to a tax rather than a routine administrative charge. Under the US Constitution, the power to levy taxes rests with Congress unless lawmakers specifically delegate such authority.

The court found no provision in existing immigration laws that would allow the executive branch to unilaterally impose a fee of this magnitude on H-1B petitions.

“The President had no power or delegated authority to impose a tax on H-1B petitions,” the judge stated while rejecting the administration’s interpretation of federal immigration statutes.

The ruling reinforces the limits of presidential authority in matters involving taxation and immigration policy, areas where congressional approval remains central.

Legal Challenge by States

The lawsuit was filed in December by a coalition of Democratic attorneys general led by New York Attorney General Letitia James. The states argued that the administration had exceeded its powers by creating a substantial financial burden on employers and foreign workers without legislative backing.

According to court filings, the states contended that immigration policy changes of such scale require congressional action rather than executive orders or administrative directives.

Judge Sorokin largely agreed with that position, dismissing arguments that existing immigration laws granted broad enough powers to support the fee proposal.

Trump Criticises Court Decision

Reacting to the ruling, Trump criticised federal judges and accused the judiciary of obstructing his policy agenda.

“These federal judges are really giving us a hard time. It's really crazy what's going on with the court system. They're hurting our country very badly,” he said.

The administration had defended the proposal as part of broader efforts to reduce what it described as excessive dependence on foreign labour and to prioritise American workers.

Impact on Indian Professionals

The decision is particularly significant for Indian nationals, who remain the largest beneficiaries of the H-1B visa system.

Data from Pew Research shows that approximately 73% of approved H-1B applications in fiscal year 2023 were granted to workers born in India. Indian professionals have consistently received the majority of H-1B approvals for more than a decade, particularly in technology, engineering, finance and healthcare sectors.

Industry observers noted that the proposed $100,000 fee could have discouraged employers from sponsoring foreign workers and potentially reduced opportunities for skilled professionals seeking jobs in the United States.

The ruling removes that uncertainty, at least for now, and preserves the existing framework under which employers can continue filing H-1B petitions.

Why H-1B Matters

The H-1B visa programme allows US companies to hire foreign workers in specialised occupations that generally require a bachelor’s degree or higher qualification.

The visa is typically granted for an initial period of three years and can be extended for another three years. Major technology companies, healthcare providers and engineering firms rely heavily on the programme to fill specialised positions.

Economists and business groups have long argued that access to global talent helps companies remain competitive and supports innovation across industries.

What Happens Next

While the ruling blocks the proposed fee, it does not end the broader debate surrounding the H-1B programme. Immigration policy remains a politically contentious issue in the United States, and future administrations could pursue legislative changes through Congress.

For now, however, the court’s decision ensures that employers and skilled foreign workers, particularly Indian professionals, will not face the proposed $100,000 H-1B visa fee. The judgment also serves as a reminder that major changes involving immigration-related taxation require clear congressional authorisation before they can take effect.

Over 15,000 H-1B visa holders from India left scrambling as 60-day job search clock ticks down

More than 15,000 Indian tech professionals in the United States are staring at an uncertain future after losing their jobs during the latest round of layoffs sweeping America's technology sector.

Most of these workers were on H-1B visas and now have exactly 60 days to find new employment or face deportation proceedings.

60-Day Window Creates Pressure

Under current US visa regulations, H-1B workers who lose their jobs must secure a new employer within two months to maintain legal status. Fail to find a sponsor in that window, and they have no choice but to leave the country.

Major tech firms including Meta, Amazon, and Oracle have let go of roughly 50,000 employees in recent months. Industry estimates suggest Indian nationals account for more than 15,000 of those affected.

Hiring Slowdown Adds to Crisis

What is making things worse this time around? The job market has shifted significantly.

Earlier, laid-off tech workers could expect to land new roles within weeks. But affected employees now report that hiring processes have stretched to months. Companies, meanwhile, have grown increasingly reluctant to take on visa sponsorship responsibilities.

The stricter immigration posture under the Trump administration has only deepened the uncertainty. Lower visa quotas, tighter document scrutiny, and stricter compliance checks have become the new normal.

Green Card Rules Tightened

The administration has also quietly tightened Green Card procedures. Applicants may now need to return to their home country to complete the process rather than using the "Adjustment of Status" route while remaining in the US.

For Indian professionals on temporary visas like H-1B, this change could prove particularly disruptive.

Government data shows nearly 4.99 million Green Cards were issued over the past five years. Of these, around 2.93 million went to applicants already living in the US, while 2.06 million were granted to people applying from abroad. Between 2014 and 2023, approximately 726,000 Indians received Green Cards.

Massive Backlog for Indians

The numbers reveal a stark reality. Indians now account for the largest share of the employment-based Green Card backlog in America.

According to the Cato Institute, Indian nationals make up roughly 1.1 million of the 1.8 million pending employment-based Green Card cases — about 63 per cent. For new applicants from India, the waiting period has already stretched to an estimated 10 to 15 years.

Families Under Strain

Seattle-based engineer Vikas Pathak told reporters he has applied for more than 150 positions since being laid off. But companies are taking months to complete their hiring processes, leaving workers like him vulnerable to the unforgiving 60-day visa deadline.

Bijayant Singh, originally from Bihar and now living in San Francisco, said many Indian families are living under immense strain despite appearing calm outwardly.

Concerns over children's schooling, home loan payments, and dependent visas have created quiet panic among affected households, he added. Many are now preparing backup plans in case they are forced to pack up and return to India.

JD Vance Warns of H-1B ‘Fraud’, Calls for ‘America First’ Identity

US VP emphasizes national loyalty as India-China nationals dominate 80% of visa pool; administration tightens screening rules.

United States Vice President JD Vance has flagged significant concerns regarding "widespread fraud" within the H-1B visa program, while simultaneously balancing the critique with praise for immigrants who have contributed to the American economy. Speaking at a Turning Point USA event at the University of Georgia on Tuesday, Vance asserted that the specialized work visa system only remains sustainable when beneficiaries prioritize their American identity over their country of origin.

"On one hand, there is a lot of fraud in the H-1B system, and on the other, there are people who came in and enriched the country, like my in-laws," Vance said, referencing his wife Usha Vance’s parents. He noted that while legal immigration has historically bolstered the US, new citizens bear an "obligation" to think of the American national interest first.

Massive crackdown on visa misuse

The remarks come amid an intensified crackdown by the Trump administration on legal immigration pathways. Describing H-1B abuse as a "national security threat," the White House recently implemented a staggering $100,000 fee for new H-1B visa petitions filed for beneficiaries currently outside the United States.

The move has sent shockwaves through the Indian tech corridor, as Indian professionals consistently make up the lion's share of the H-1B pool. According to recent government data, Indian and Chinese nationals account for over 80% of all H-1B recipients, a statistic the administration is now using to justify stricter oversight and "America First" hiring mandates.

Impact on the domestic workforce

The administration has cited several corporate case studies to argue that the current system disadvantages domestic talent. Officials pointed to Microsoft, claiming over 16,000 employees were displaced following the approval of 9,000 H-1B visas in 2025. Similar claims were made regarding FedEx, where the use of the program allegedly contributed to the shuttering of over 100 facilities across the US.

"The system works only when everyone thinks of themselves as Americans," Vance reiterated, contrasting his father-in-law's integration with other instances where immigrants allegedly prioritized the interests of their home countries. He cited a specific anecdote involving a Ukrainian-American constituent to emphasize that US citizenship must mean putting America's needs above all others.

Transition to salary-driven selection

In a major structural shift, the US Citizenship and Immigration Services (USCIS) has officially moved away from the traditional random lottery. Starting this April, a salary-driven selection process has been implemented to favor higher-paid, highly-skilled professionals over entry-level workers.

Under the new wage-weighted system:

• Level 4 candidates (highest paid) receive four entries in the selection pool.

• Level 1 candidates (entry-level) are restricted to a single entry.

• Employers must now provide granular, job-specific data to justify foreign hires over local candidates.

Enhanced screening and vetting

Beyond financial hurdles, the US State Department has introduced mandatory social media vetting for H-1B and H-4 visa applicants. Applicants are now required to provide social media handles, which are scrutinized as part of a "continuous improvement" of security procedures.

Sources indicated that this digital vetting aims to identify potential security risks or inconsistencies in an applicant’s background. The administration maintains these measures are necessary to ensure the program serves its original purpose of bringing in "extraordinary talent" rather than simply providing low-cost labor for large corporations.

Future outlook for professionals

As the 2026 cap season begins, the landscape for Indian professionals appears increasingly restrictive. With the $100,000 fee and the new wage-based lottery, industry experts predict a sharp decline in registrations from outsourcing firms, shifting the focus toward "super-specialists" and senior executives.

While the administration insists these changes protect the American worker, critics argue they could stifle innovation by making it prohibitively expensive to attract global talent. For thousands of Indian engineers and doctors, the "American Dream" now comes with a much higher price tag and a mandatory pledge of absolute national loyalty.