Indians eye other visa routes amid H-1B uncertainty, layoffs
Amid tightened scrutiny of H-1B work visa applications and ongoing tech layoffs in the US, Indian professionals and their employers are increasingly looking at other non-immigrant visas such as L-1 and O-1, immigration experts said.There is also a spike in demand for EB-5 immigrant investor visas.While these developments are not new, there has been an increase in the number of people seeking help in the past few months, US immigration attorney Gnanamookan Senthurjothi told ET.The new Donald Trump administration has tightened scrutiny of H-1B visas since taking office early this year. According to the data from the United States Citizenship and Immigration Services (USCIS), the number of H-1B visa applications shortlisted this year has declined 27% on year—the lowest since the pandemic-impacted FY21.Every year, the US has been approving 85,000 H-1B visas for foreign workers, with Indians securing close to 70% of these visas.
Layoffs by tech majors including Microsoft, Google and Intel have added to the anxiety of Indians working in the US.
'Our clients have become more fearful and anxious, particularly regarding international travel and visa 'stamping' at consular posts abroad,' said Joel Yanovich, attorney at immigration firm Murthy Law Firm. 'I don't think a day goes by where I don't have a client or two asking me whether it's safe to travel.'All this has led to an uptick in demand for L-1 and O-1 visa categories, which do not have annual limits like H-1B.
While L-1 visa is for intracompany transfer, O-1 is for those possessing extraordinary ability in the areas including science, arts or business.
Visa alternatives 'Part of this (spike in L-1 and O-1 demand) is seasonal, based on people not being selected for the H-1B lottery,' Yanovich said. 'But part of this appears to stem from employers and individuals hoping to avoid the heightened scrutiny they fear the H-1B program may face.'Sukanya Raman, country head - India & GCC practice team at Davies & Associates LLC, said, 'What we are also seeing is that some companies are transferring their employees to other countries such as Canada or somewhere outside of the US for a brief time so that they will qualify for L-visa.'This applies to those in the managerial position and can eventually transition to EB-1C to get the US green card, she said.Some are also considering EB-2 NIW (National Interest Waiver), which is for individuals possessing advanced degrees that are working for national interest in the US, Raman said.The demand for EB-5 investor visas has also increased 50% since January 2025. 'These are in current status for Indian nationals, which means that visas are available and can get their authorisation and travel documents in 3-6 months,' Raman said. 'This will allow them to legally stay in the US.'The EB-5 is particularly in demand from Indian families who are currently in H-1B and their children are aging out, which refers to children who are turning 21 before parents get their green card, she said.
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