Immigration - Travel to India, Cheap Flights to India, Aviation News, India Travel Tips Indian American Community Magazine Sat, 27 Sep 2025 20:53:04 +0000 en-US hourly 1 https://blogbox.indianeagle.com/wp-content/uploads/2025/07/cropped-T-1-1-65x65.png Immigration - Travel to India, Cheap Flights to India, Aviation News, India Travel Tips 32 32 Finally I Got Green Card and H1B Visa Clock Stopped Ticking; this Indian in USA Shares his 14-year Journey https://www.indianeagle.com/travelbeats/how-i-got-us-green-card-a-success-story/?utm_source=rss&utm_medium=rss&utm_campaign=how-i-got-us-green-card-a-success-story https://www.indianeagle.com/travelbeats/how-i-got-us-green-card-a-success-story/#respond Wed, 24 Sep 2025 19:51:02 +0000 https://www.indianeagle.com/travelbeats/?p=39198 Many Indians, both students and professionals, travel to the US with cheap flight tickets, two checked bags, dreams, aspirations, and a common goal – the most coveted Green Card. Their ‘American Dream is synonymous with achieving lawful permanent residency in the US. But not everyone has good luck with it despite taking calculated steps and […]

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Many Indians, both students and professionals, travel to the US with cheap flight tickets, two checked bags, dreams, aspirations, and a common goal – the most coveted Green Card. Their ‘American Dream is synonymous with achieving lawful permanent residency in the US. But not everyone has good luck with it despite taking calculated steps and offering prayers to visa temples. Over 1 million Indians, a majority being from the employment-based visa categories, are still stuck in the Green Card backlog, as per the USCIS stats.

However, “the American Dream – whatever it truly means – stays alive,” says Rajavasanth Rajasegar, who recently shared his 14-year-journey from F1 visa to Green Card on LinkedIn intending to rekindle hopes with the underlying message, “There is delay but no denial”. Like many others, he had had a fair share of uncertainty and anxiety while navigating the US immigration system until the “visa clock” stopped ticking for him.

How I got my Green Card, My journey to Green Card, EB1A Green Card success story
PC: Rajavasanth Rajasegar @ LinkedIn

Rajavasanth Rajasegar, an Assistant Professor at Colorado School of Mines, boarded a flight to Chicago in 2011 with the F1 visa stamp on his dreams. He studied mechanical engineering at the University of Illinois Urbana-Champaign. In the pre-Trump era, his transition from the US student visa to OPT (STEM) to an H-1B visa was smooth and streamlined. There was no looking back after he became a faculty at his alma mater in 2013. “I have been fortunate to have a privileged path,” he wrote in his success story of receiving a US Green Card.

The University of Illinois Urbana-Champaign (UIUC) was like home to him as a graduate research and teaching assistance for almost 8 years. He had a fully-funded tenure at UIUC. Thereafter, he spent five years of postdoctoral research at Sandia National Laboratories, America’s premier DOE science & engineering lab for national security and technology innovation. It broadened his first-hand knowledge of mechanical engineering and helped him get a tenure-track position of assistant professor in the same discipline at Colorado School of Mines in January 2024.

He credits his alma maters, mentors, and family for their “incredible support” throughout his journey from an F1 visa to becoming a permanent US resident. Despite the smooth transition, he was not immune to usual US visa worries. “The visa clock always loomed in the background. I still remember asking my manager in FEB 2020 – Can we start H1B just in case?” he wrote in the LinkedIn post.

Like HiCounselor CEO Aditya Sharma who got his Green Card faster in the EB1A category, Rajavasanth Rajasegar chose the EB1A path hoping for the best and the worst at the same time. His Green Card petition in the EB1A category (for foreign nationals of extraordinary ability or international acclaims in science, arts, education, business, or athletics) stumbled over few bumps, including a surprise RFE (request for evidence) questioning the merit of his work.

Two years of adjustment, patience, and paperwork for additional documentation supported by his mentors put an end to his wait for Green Card. “Finally, I became a permanent resident. That visa clock does not exist today,” he wrote. He concluded his ‘Green Card journey’ story from a non-immigrant to an immigrant, wishing “the American Dream stays alive and accessible for the students and professionals who, like me, come here not just for themselves, but to contribute to the future of USA.”

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How Many Days can H1B Visa Holders Travel and Stay outside USA? Are there any USCIS Rules? https://www.indianeagle.com/travelbeats/uscis-rules-for-h1b-visa-holders-travel-and-stay-outside-usa/?utm_source=rss&utm_medium=rss&utm_campaign=uscis-rules-for-h1b-visa-holders-travel-and-stay-outside-usa https://www.indianeagle.com/travelbeats/uscis-rules-for-h1b-visa-holders-travel-and-stay-outside-usa/#respond Mon, 25 Aug 2025 18:29:19 +0000 https://www.indianeagle.com/travelbeats/?p=38858 H1B visa is the most common pathway for skilled foreign professionals to work in the United States. The rule of thumb is that H1B visa workers from India and other countries can re-enter the US with a valid passport, a valid H1B visa stamp on the passport, Form I-797 Notice of H1B Status Approval, and […]

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H1B visa is the most common pathway for skilled foreign professionals to work in the United States. The rule of thumb is that H1B visa workers from India and other countries can re-enter the US with a valid passport, a valid H1B visa stamp on the passport, Form I-797 Notice of H1B Status Approval, and other requisite documents. However, it seems that H1B visa holders’ re-entry into the US is not guaranteed in the volatile landscape of US immigration rules and restrictions.

In June 2025, an unprecedented event of boarding denial to three H1B visa workers sent shockwaves through the H1B visa community. They were flying back to USA via Abu Dhabi after a certain period of remote work/stay in India. They were stopped at the Abu Dhabi US Pre-clearance facility, questioned about their extended stay in India, and sent back home, according to several reports. While one of them spent 3 months in India, the other two stayed for nearly 3 months in India. The incident raised a spate of questions, like

  • What are H1B visa travel rules?
  • Are there official USCIS restrictions on H1B visa travel outside USA?
  • How many days can H1B visa holders stay outside the US?
H1B visa travel rules, USCIS restrictions for travel on H1B visa, how long H1B visa holders can stay outside USA, H1B visa 60-day travel restriction, latest H1B visa news
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How Long can H1B Visa Holders Stay outside USA

There are no USCIS rules specifying a fixed number of days you on H1B Visa can stay or work outside the US. However, an extended period of stay abroad without actively working for your US employer can raise concerns at entry airports in USA or CBP preclearance facilities. Since your H1B visa status depends on your ongoing employment in the US, your long absence from the US is likely to make the CBP officers question whether you still have a valid position and the right to re-enter the US.

Many immigration attorneys recommend that H1B visa holders should keep international trips short, ideally within 30–40 days, unless they have strong proof of current employment status and payroll records. Under USCIS rules for traveling abroad on H1B visa, your stay beyond 60 days without clear proof of active work can make you a target for extra scrutiny during re-entry.

H1B Visa Travel Rules You Need To Follow

Traveling internationally on an H1B visa is allowed as long as you maintain valid status and have all necessary documents for safe return to USA. You should carry your valid H1B visa stamp, a valid passport, the original I-797 approval notice, remote work logs, and recent employment verification letters. According to H1B visa travel rules, you must be actively employed by your sponsoring company while abroad, and any extended time outside the US should be supported by clear payroll and work records.

H1B Visa Travel Restrictions and CBP Discretion

After the Abu Dhabi airport case, some social media users responded with claims that certain H1B visa travel restrictions are in place. But, in reality, there are neither hard and fast rules nor restrictions for H1B travel. Technically, you can stay outside the US for as long as you want. However, the longer you stay abroad, the greater the risk that CBP officers would question your employment status in America. If they believe your employment has ended or you have abandoned your job, they have the authority to cancel your visa on spot, even if it is valid on your passport.

USCIS Rules for Traveling Abroad on H1B Visa

USCIS allows travel abroad during your H1B validity period, but your visa status is tied to your job in the US. If you lose your job while overseas or are in a 60-day grace period, you may not be able to re-enter. Days spent outside the US can sometimes be “recaptured” to extend your H1B validity period, but this is a separate process that does not protect you from US re-entry scrutiny.

Can H1B Visa Holders Work Remotely outside the US?

Working remotely from abroad while on an H1B visa is not automatically prohibited, but it is risky if it becomes prolonged. Your visa is granted for employment in the US, tied to a specific work location in your petition. Extended remote work from another country may make CBP question if your role still exists in the US. If you must work remotely from India or elsewhere for more than a few months, keep strong evidence that your duties and payroll remain unchanged.

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US Visa Interview Waiver Update July 25: Dropbox Option to be Eliminated for All Nonimmigrants https://www.indianeagle.com/travelbeats/us-nonimmigrant-visa-interview-waiver-update/?utm_source=rss&utm_medium=rss&utm_campaign=us-nonimmigrant-visa-interview-waiver-update https://www.indianeagle.com/travelbeats/us-nonimmigrant-visa-interview-waiver-update/#respond Sun, 27 Jul 2025 17:44:09 +0000 https://www.indianeagle.com/travelbeats/?p=38551 The US visa interview update July 25, 2025 is that the Department of State eliminates the Dropbox renewal option for all non-immigrant visa categories, except B1/B2 visa holders on certain conditions. “All nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with […]

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The US visa interview update July 25, 2025 is that the Department of State eliminates the Dropbox renewal option for all non-immigrant visa categories, except B1/B2 visa holders on certain conditions. “All nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer, effective September 2, 2025,” according to the revised US visa policy for non-immigrants from India and other countries.

US visa policy update, US visa interview waiver news, Dropbox eligibility criteria for B1/B2 visa holders
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It seems to hint at further revision of the Dropbox eligibility or potential elimination of in-person interview waiver for H, L, F, M, and J visa categories. The US visa interview update July 25 follows the February 2025 revision of the Dropbox eligibility criteria wherein the nonimmigrant visa expiration window was reduced to 12 months from 48 months. The previous update continued to grant visa interview waiver (Dropbox) to children under 14 years and senior citizens aged 80 or older.

On or before September 2, the Department of State will specify nonimmigrant visa categories that may be eligible for in-person interview waiver or Dropbox renewal.

Who are eligible for US Visa Interview Waiver, Dropbox in 2025

  • B1/B2 visa holders renewing a full validity within 12 months of the prior visa’s expiration given they were at least 18 years old at the time of the prior visa issuance.
  • Mexico nationals renewing a full validity of Border Crossing Card (Foil card or laser visa) within 12 months of the prior visa’s expiration
  • B1/B2 visa holders must apply for Dropbox renewal in their country of nationality or residence
  • They have never been refused a visa nor do they have apparent or potential ineligibility.
  • The same conditions apply to Mexico citizens for Border Crossing Card Dropbox eligibility

What about H1B visa holders with Dropbox appointments in 2025?

Dropbox appointments in September 2025 onwards may be cancelled if the US visa interview waiver update July 25 blanketly targets H1B visa holders and others in’ H’ visa categories. It is too early to say anything until the next update – whether in-person interview is mandatory for H1B renewal and other non-immigrant visas.

H1B visa holders with Dropbox appointments in India feel puzzled wondering if they have to book in-person interview slots. It is natural for them to panic, because all Dropbox appointments were annulled when the February 8, 2025 update was rolled out.

If you have already booked your travel to India for Dropbox appointments in September or October 2025, it is recommended you contact your travel agent or the airline for possible rescheduling options. If not, you can avail flight discounts now and book budget flight tickets to India from USA in August or September.

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USA Brings Visa Integrity Fee for Nonimmigrants Including Indians: Check if $250 is Waivable or Refundable https://www.indianeagle.com/travelbeats/new-us-visa-integrity-fee-for-nonimmigrants/?utm_source=rss&utm_medium=rss&utm_campaign=new-us-visa-integrity-fee-for-nonimmigrants https://www.indianeagle.com/travelbeats/new-us-visa-integrity-fee-for-nonimmigrants/#respond Tue, 08 Jul 2025 19:43:02 +0000 https://www.indianeagle.com/travelbeats/?p=35923 It seems that non-immigrants are at the center of revenue streams to the US Treasury. After having signed an executive order to increase visitor fees to America’s national parks for non-US residents, President Trump is up with the first-of-its-kind surcharge for non-immigrant visa applicants under the One Big Beautiful Bill. Named the Visa Integrity Fee, […]

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It seems that non-immigrants are at the center of revenue streams to the US Treasury. After having signed an executive order to increase visitor fees to America’s national parks for non-US residents, President Trump is up with the first-of-its-kind surcharge for non-immigrant visa applicants under the One Big Beautiful Bill. Named the Visa Integrity Fee, $250 will be levied on all US visa applicants from India and other countries, starting in 2026. Read on to know whether it is fixed, waivable, and refundable. 

US Visa integrity fee for non-immigrants, US DHS news, US visa news for Indians

What is new US Visa Integrity Fee?

Integral to President Trump’s One Big Beautiful Bill, the $250 Visa Integrity Fee will be collected from foreign nationals including Indians applying for B1/B2 visa, US student visas, US work visas (H-1B, L-1), and others. Dependent visa applicants (like H4) may not be exempted. The Department of Homeland Security has made the Visa Integrity Fee mandatory, in addition to the standard visa application fees.

This is the first time the US government has introduced this kind of fee, and it’s part of President Trump’s sweeping immigration reform known as the ‘One Big Beautiful Bill.‘ With this, the overall cost of visiting or studying or working in the US will go higher, especially for US-based Indians’ visiting parents and students from India. With this new fee, the US treasury would have an inflow of funds from Indian professionals who make up a large share of the US non-immigrant population.

The new Visa Integrity Fee is non-waivable, which means non-immigrant US visa applicants will have to pay it, regardless of their visa purpose or financial situation. However, the $250 Visa Integrity Fee is refundable, and the refund claim is subject to certain conditions, including but not limited to your strict compliance with the US visa rules, like no visa overstay.

How to get a refund on $250 Visa Integrity Fee collected by DHS

DHS reiterates that the fee cannot be waived or reduced for any reason, but it may be refundable in limited cases.

You might get the Visa Integrity Fee back if you strictly comply with the rules and regulations applicable to your US visa status and category. This means you refrain from taking up a job or any sort of employment without authorization.

DHS may refund the additional $250 fee if B1/B2 visa holders don’t overstay in the US. Those who exit the US within 5 days prior to their form I-94 expiration date without seeking visa extension or change of status might be eligible for a refund.

If you receive a lawful extension or your visa status is adjusted to permanent residency before the Form I-94 expiry date, you can seek a refund of the Visa Integrity Fee from the Department of Homeland Security.

Purpose of the US Visa Integrity Fee for non-immigrants

Under the One Big Beautiful Bill, the Visa Integrity Fee is introduced aiming to make all US visa holders more accountable and law compliant. The additional $250 fee is intended to prevent non-immigrants from making violations like unauthorized work and overstaying in the US. It is a kind of penalization for any discrepancy found between what B1/B2 visa holders do in the US and what they stated as their purpose of visit in the US tourist visa interview as well as the DS-160 Form.

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CBP Officers have Ramped up Scrutiny for Green Card Holders, Mainly Elderly, Returning to USA from Abroad https://www.indianeagle.com/travelbeats/green-cardholders-reentry-scrutiny-at-us-airports/?utm_source=rss&utm_medium=rss&utm_campaign=green-cardholders-reentry-scrutiny-at-us-airports https://www.indianeagle.com/travelbeats/green-cardholders-reentry-scrutiny-at-us-airports/#comments Mon, 17 Mar 2025 19:56:36 +0000 https://www.indianeagle.com/travelbeats/?p=35046 Re-entry to the United States is challenging these days even for legal immigrants, amid President Trump’s immigration crackdown at ports of entry across the country. Green Card holders, who are lawful permanent residents in the US, are not exempt to the scrutiny that the CBP officers have intensified to assess the immigrant status and re-admissibility […]

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Re-entry to the United States is challenging these days even for legal immigrants, amid President Trump’s immigration crackdown at ports of entry across the country. Green Card holders, who are lawful permanent residents in the US, are not exempt to the scrutiny that the CBP officers have intensified to assess the immigrant status and re-admissibility of foreign nationals (aliens) returning from their home countries or a trip abroad. Precisely, the Trump administration’s no-compromise efforts to fix loopholes in immigration and security has become a gnawing concern for legal immigrants too.

Elderly Indians among Green Card holders, who are flying back to USA after a winter trip to India, are in for an unprecedented surprise on arrival, as the CBP officers are interrogating them and inspecting their documents. Some cases have been reported wherein senior citizens faced intense pressure to sign Form I-407 to voluntarily surrender their Green Cards on arrival at US airports, according to immigration attorneys.

Green Card news, Green Cardholders' re-entry to USA after 180 days abroad, US Green Cardholders' right against CBP scrutiny
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Some elderly Green Card holders spend winter months in India as they are not yet accustomed to bone-rattling winters in America. They are among the targets of ‘Green Card abandonment’. The US Immigration and Nationality Act (INA) states that those who spend more than 365 days in a calendar year outside the US are subject to ‘Green Card abandonment.’ At the same time, they can exercise their right to challenge this in court.

What is more worrisome is that a period of 180 days outside the US, even a shorter absence, has become a premise for the CBP officers to heavily scrutinize Green Card holders, senior citizens in particular.

What are the rights of Green Card holders at the US ports of entry in the above scenario? Immigration attorneys are receiving such queries every day. “Generally, an individual’s Green Card cannot be revoked at the port of entry unless he/she voluntarily signs Form I-407 to surrender it,” Kripa Upadhyay, an immigration attorney in Seattle, was quoted saying in an article by The Economic Times. “Only an immigration judge can take away a Green Card, so individuals should not sign Form I-407,” said another Indian-origin attorney in the US.

Mostly, Green Card holders’ absence from the US for 180 days or more in a calendar year, and their failure to maintain strong ties to the US are triggering CBP officers who have legal rights to inspect and interrogate immigrants returning from their home countries. At the same time, Green Card holders reserve the right to a hearing before an immigration judge if there are attempts to revoke their lawful permanent residence status, like secondary inspections, legal notices, unjust detention on arrival, and threats of deportation. A lawyer can be hired to represent their case during a court hearing.

Immigration attorneys caution Green Card holders against making frequent travel and spending more than 180 days outside the US in a year. If an individual has history of secondary inspections, he/she may come under the CBP scanner on return from overseas travel. It is recommended that Green Card holders maintain tangible evidence of their strong ties to the US, like employment, family, property, or filing tax returns during their overseas stay for months. They can show the evidence during a routine inspection or additional scrutiny by the US Customs officers.

As part of the immigration law enforcement by President Trump, Green Card holders must have a re-entry permit for re-admission to the USA after spending 365 days or more abroad. In view of this, immigration attorneys advise Green Card holders to apply for a re-entry permit before flying out of the US for a year. CBP officers have the right to deny re-admission to you for not having a re-entry permit. In short, you should carefully plan a long absence from the US soil to maintain your LPR status.

Immigration attorneys advise Green Card holders to cooperate with the CBP officers if their electronic devices, luggage, and/or social media accounts are examined. The US Customs officer may not need a warrant to check your devices and luggage for prohibited items, documents, or anti-US sentiments that could impact your re-entry to the country after a period of stay abroad. Everything from your belongings to travel history and social media communications is under the CBP scanner these days.

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What is Gold Card Visa? President Trump Announces New Quick Path to US Citizenship https://www.indianeagle.com/travelbeats/what-is-trump-gold-card-for-us-citizenship/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-trump-gold-card-for-us-citizenship https://www.indianeagle.com/travelbeats/what-is-trump-gold-card-for-us-citizenship/#respond Wed, 26 Feb 2025 20:11:03 +0000 https://www.indianeagle.com/travelbeats/?p=34945 On one hand, Elon Musk-led DOGE team is working towards reducing federal deficit, and on the other hand, President Trump is coming up with ways to fuel the US economy. One such move is Trump’s Gold Card – the quickest route to US citizenship for the affluent. The Trump 2.0 administration introduced a new immigration […]

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On one hand, Elon Musk-led DOGE team is working towards reducing federal deficit, and on the other hand, President Trump is coming up with ways to fuel the US economy. One such move is Trump’s Gold Card – the quickest route to US citizenship for the affluent. The Trump 2.0 administration introduced a new immigration initiative – ‘Gold Card’ program – with a hefty price tag for foreign millionaires seeking to bypass the Green Card backlog. The American Dream would soon be elusive to the less affluent.

Trump Gold Card, US investor visa news, EB5 visa news, President Trump news, US immigration news
This AI-generated image is for illustration purpose only

What is Trump’s Gold Card for rich immigrants?

Scheduled to be launched in the next two weeks, the Gold Card program promises to lay the easiest and shortest pathway to the most coveted US citizenship at a whopping cost of $5 million. The new US investor visa is designed to simplify the immigration process and reduce bureaucratic delays for high-net-worth foreign individuals. President Trump’s $5-million Gold Card visa is not an alternative to the existing EB-5 Visa. Rather, it aims to put an end to EB-5 Visa which the Trump government dismisses as “full of nonsense, ridiculous, and fraud.”

Another objective of replacing the EB5 investment visa with the new ‘Gold Card’ is to pump trillion dollars of foreign investment into the US economy. At a recent press conference, Trump projected that issuing approximately one million Gold Cards could inject around $5 trillion into the US economy. He went on to suggest that if up to ten million cards were issued, the total investment might reach an astounding $50 trillion—a move he believes would significantly lessen the nation’s $35 trillion debt burden.

Impact of Trump’s Gold Card Visa on Indians in USA

Many Indians on H1B, L1, and O1 visas have obtained lawful permanent residency through the EB5 investor program. A switch from a non-immigrant work visa to an immigrant visa like EB5 became their favorite path to secure a Green Card and live the American Dream. The EB-5 visa requires Green Card seekers to create minimum 10 jobs in USA by investing $800,000-$1.05 million, one-fifth of USD 5 million for the new ‘Gold Card’ visa. With EB-5 Visa being replaced with an exorbitantly priced Gold Card, non-immigrant Indians may find it impossible to obtain a Green Card through investment.

Also Read: Indian American CEO shares his short journey from H1B visa to Green Card

The premium US residency model or Gold Card signals a paradigm shift in Trump’s take on immigration. This mirrors the global trend of wealth-based immigration among countries vying to attract high-net-worth individuals. The UAE, Portugal, and Australia have been actively promoting golden visa schemes. Henley & Partners’ 2025 Global Residence Program Index ranks Greece as the top destination in this space, followed by Switzerland and Portugal.  The US’ entry to this competitive space, with Trump’s Gold Card program, commodifies lawful permanent residency and American citizenship.

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New H1B Visa Rules Redefine Specialty Occupation, Assure Easy Renewals, Reduce Fraud https://www.indianeagle.com/travelbeats/new-h1b-visa-rules/?utm_source=rss&utm_medium=rss&utm_campaign=new-h1b-visa-rules https://www.indianeagle.com/travelbeats/new-h1b-visa-rules/#comments Mon, 17 Feb 2025 18:00:23 +0000 https://www.indianeagle.com/travelbeats/?p=22157 With the H1B visa registration window for fiscal 2026 opening on March 7, the US Department of Homeland Security brought new H1B visa rules to reform the system for both American employers and foreign workers. Effective from January 17, 2025, the H1B program modernization rule redefines ‘specialty occupation’, enhances transparency, reduces visa fraud, assures seamless […]

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With the H1B visa registration window for fiscal 2026 opening on March 7, the US Department of Homeland Security brought new H1B visa rules to reform the system for both American employers and foreign workers. Effective from January 17, 2025, the H1B program modernization rule redefines ‘specialty occupation’, enhances transparency, reduces visa fraud, assures seamless visa extension, and updates the lottery process.

H1B visa news, new H1B visa rules. H1B visa specialty occupation, Indian H1B workers in USA

Beneficiary-Centric Selection Process

Unlike previous years, multiple employers cannot submit applications for the same candidate. USCIS has implemented enhanced measures to prevent duplicate filings by employers for the same beneficiary and ensure that each applicant has an equal chance. Any employer submitting multiple registrations for the same candidate will face disqualification from the H1B lottery system.

New Definition of ‘Specialty Occupation’

The Department of Homeland Security (DHS) has refined the definition of “specialty occupation” as part of the H1B visa modernization rule in 2025. Previously, possessing a bachelor’s degree in a specific field might have sufficed. Now, your degree must be directly related to the position and the job responsibilities. Employers can list multiple acceptable fields of study, but each must have a clear connection to the job description.

Regular Worksite Inspections

To prevent H1B visa fraud and misuse, the USCIS’s Fraud Detection and National Security (FDNS) unit will conduct more frequent worksite inspections, including at third-party client sites. Employers who deny these inspections risk having their petitions denied or revoked. It is essential for companies to maintain detailed records and ensure full compliance with H-1B regulations.

H1B Extension Approval without Re-evaluation

In the new H1B visa rules, USCIS officers are now instructed to defer to prior approvals when deciding on H-1B extension requests. Only if there has been no material change in the previous approval. This means if your job, employer, and circumstances remain unchanged, your visa extension request is more likely to be approved without re-evaluation. However, all required documents must still be provided.

Other H1B Visa Updates for Indians

  • The H1B registration fee has increased from $10 to $215 per applicant. This move is intended to deter non-serious applicants and reduce unnecessary applications.
  • Employers seeking to extend the H-1B worker’s stay must now submit proof that the worker has maintained their previous visa status. This requirement also applies to H-4 dependents.
  • To ensure fairness and prevent fraud, USCIS will conduct more frequent audits and reviews of H-1B registrations during the month of March 2025. Employers must maintain accurate records and provide truthful information to avoid penalties.

The H-1B visa program is evolving under the Trump administration, bringing both positive reforms and stricter compliance measures. Undoubtedly, with the new H1B visa rules for fiscal 2026, the focus is shifting towards a fair and merit based selection process. Whether President Trump brings additional challenges or opens up new pathways, it remains to be seen. For now, the key is to stay informed, act promptly, and prepare thoroughly.

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Trump Scraps Birthright Citizenship for US-born Kids of Immigrants; It will Mostly Affect H1B and H4 Visa Holders https://www.indianeagle.com/travelbeats/trump-birthright-citizenship-plans/?utm_source=rss&utm_medium=rss&utm_campaign=trump-birthright-citizenship-plans https://www.indianeagle.com/travelbeats/trump-birthright-citizenship-plans/#comments Tue, 21 Jan 2025 17:39:58 +0000 https://www.indianeagle.com/travelbeats/?p=21498 Is the US President above the law? Could he scrape off a constitutional guarantee to those born on the American soil? Is it legal for the President to violate or deny a constitutional amendment? Is an executive order above the Constitution? These questions are making waves on the international fore, as Donald Trump signed an […]

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Is the US President above the law? Could he scrape off a constitutional guarantee to those born on the American soil? Is it legal for the President to violate or deny a constitutional amendment? Is an executive order above the Constitution?

These questions are making waves on the international fore, as Donald Trump signed an executive order to end birthright citizenship for the US-born children of immigrants, right after he took oath as 47th President of America. This is part of Trump’s hardline immigration policies which could not take shape during his first term in the White House’s Oval Office. In USA, birthright citizenship is a 150-year-old constitutional principle that says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

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“We’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits. It’s ridiculous. It has to end…” Trump said rhetorically during his election campaigns promising to tighten the noose around immigration, while seemingly unaware of the fact that America is one of the 30 countries (including Canada) offering birthright citizenship, according to the Center for Immigration Studies.

The US Constitution was amended 150 years ago (the 14th Amendment in 1868) to include and protect the right to citizenship for those born or naturalized on the American soil. But President Trump’s executive order expounded the argument, “The 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States…”

Who will be affected by Trump’s order to end birthright citizenship?

The Trump order eliminating birthday citizenship will affect not only undocumented immigrants, but also legal non-immigrants including H1B, H4, B2, F1, F2, L1, L2 and other visa holders. Undeniably, a majority of legal non-immigrant visa holders in the US are Indians.

As per the presidential order briefing, kids born after 30 days from the date of the order issued shall not be granted US citizenship if their fathers are neither US citizens nor lawful permanent residents, and if their mothers are lawfully but temporarily present in the US, like on a tourist or student visa. President Trump has already directed federal agencies not to issue American passports for and not to accept US citizenship documents issued by state governments for those kids.

The presidential order further states “the privilege of US citizenship does not automatically extend to persons born in the United States when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

It is evident from the above that Trump’s executive order to end US birthright citizenship may also affect Indian families stuck in the Green Card backlog, as they are neither lawful permanent residents nor US citizens. Uncertainty looms large over the future of the US-born kids of a million Indians stuck in the Green Card backlog, which is being anticipated to have nearly 22 lakh Indians holding various US work visas by the year 2030.

President Trump’s plan to erase the birthright citizenship guarantee in the 14th Amendment of the US Constitution has split up the nation into two different hemispheres; one supporting the POTUS, with their immovable faith in his vision, and the other condemning his plan as a ‘blatantly unconstitutional attempt to sow division’, thereby encouraging hate crimes against immigrants in the US.

Even Trump’s defenders, who are collectively referred to as immigration hardliners, are divided in opinion. One group of them finds birthright citizenship a ‘great magnet for illegal immigration in the USA’, while the other group has thumbed down the executive order to end birthright citizenship for the US-born children of immigrants. Notably, the American Civil Liberties Union has denounced Donald Trump’s interpretation of the 14th Amendment of the US Constitution.

Interestingly, a survey in 2015 by the Pew Research Center found that 37% of Americans questioned the relevance of birthright citizenship, before Trump rose to the presidential power. The number of babies born to undocumented immigrants meteorically rose to a whopping 370,000 in 2016, according to the Pew Research Center. The antagonists of birthright citizenship sarcastically call those babies ‘anchor babies’.

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Nearly 200,000 Indian American children from a Microsoft engineer to ‘DALCA Kids’ (Deferred Action for Legal Childhood Arrivals) are caught up in the turbulence of immigration in the Trump regime. President Trump’s plan to end birthright citizenship may shatter the ecosystem of US immigration, according to legal scholars.

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All You Need to Know about Unused Green Card Recapture that US Presidential Advisory Council has Approved https://www.indianeagle.com/travelbeats/unused-green-card-recapture/?utm_source=rss&utm_medium=rss&utm_campaign=unused-green-card-recapture https://www.indianeagle.com/travelbeats/unused-green-card-recapture/#respond Fri, 14 Jul 2023 21:08:05 +0000 https://www.indianeagle.com/travelbeats/?p=32181 Nearly 7.19 lakh Indians are awaiting their employment-based green cards as of September 2021, noted a study published by the Cato Institute. Shockingly, the wait time is estimated to be 90 years (more than the average lifespan of a person!) if no measures are taken to address bureaucratic delays in green card issuance.  These figures […]

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Nearly 7.19 lakh Indians are awaiting their employment-based green cards as of September 2021, noted a study published by the Cato Institute. Shockingly, the wait time is estimated to be 90 years (more than the average lifespan of a person!) if no measures are taken to address bureaucratic delays in green card issuance. 

These figures underline the necessity of reforms in the US immigration system, which unfortunately is keeping skilled immigrants away from the jobs needing them. Meanwhile, data also reveals that 2,30,000+ green cards under family and employment categories were unused in the period between 1992 and 2022. So, in an attempt to clear the long-pending green card backlog, the US President’s Advisory Commission has given its green signal to the proposal that unused green cards be recaptured. This move is expected to provide relief to over 1.4 million immigrants, who have been waiting for their green cards for years.

What is green card recapture? Green Card news, Indians in Green card backlog
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Why is this Green Card Recapture Recommended?

The US has a limit on annual green card issuance to immigrants. (A Green Card or Permanent Resident Card is an official document granting its bearer the permission to reside and work in the US permanently). This limit is set at 1,40,000 for employment-based green cards and 2,26,000 for family-sponsored green cards. Further, there is a 7% country-based quota system for these categories, which doesn’t take into account either the country’s population or the demand for green cards from them. So, the US doesn’t process more than 25,620 family and employment-based green cards annually to immigrants of a particular country despite receiving a high volume of applications, which only keeps increasing year after year. This led to accumulation of green card petitions, especially from countries like India and China.

Indian-American entrepreneur, Ajay Bhutoria, also a member of the President’s Advisory Commission on Asian Americans, Native Hawaiian and Pacific Islanders, recommended the recapture of the green cards that have remained unissued due to administrative complexities and delays. Reallocating these lost opportunities to those waiting in hope can help unburden the government by facilitating the clearance of some backlogged applications every year in addition to processing the annual limit of green cards for these categories. 

What does Recapture of Unused Green Cards Mean to Indian Immigrants Affected by Green Card Backlog?

As is well-known, a vast number of Indians fly to USA every year in pursuit of their American Dream. Most of them are usually H1B visa holders with ambitions to settle permanently in the US. Their applications for an employment-based green card are likely to get stuck in the mire of backlogs created by the per-country quota system. Situations turned so hopeless in the past for certain immigrants including Dr. Pranav Singh, who took a flight back to India being fed up with the long green card wait period.

Data suggests that the US issues around 7000 to 9000 employment-based green cards to Indians annually. If the dependents of primary applicants are excluded, then approximately 2000 H1B visa holders from India get green cards while the number of H1B work visas issued every year is close to 85,000. Even if we assume that only one fourth of them apply for a green card in a particular year, much less than one fourth of the total applicants would receive it and the rest would slip into the mounting backlog. 

The excruciatingly long wait time for Indians to get green cards is a result of this widening gap between the number of applications received and the country-based cap on green card issuance. Under these circumstances, recapture of green cards unused over the years can prove to be beneficial to thousands of Indian immigrants waiting to get their hands on the most-coveted green cards.

Although the green card recapture recommendation has been approved at the White House, it doesn’t take effect until it gets a Congressional nod. So, it remains to be seen how long it takes for this bill to translate into action. Hope the recommendation for recapture of unused green cards won’t meet the fate of the RELIEF Act that sought to keep immigrant families together and the failure of the EAGLE Act that sought to phase out the per-country limit on the issuance of employment-based green cards to Indians.

This exclusive news article is brought to you by Travel Beats, a leading Indian Diaspora portal. Travel Beats is a subsidiary of IndianEagle.com, a most trusted travel-booking partner of Indians in America. Subscribe to our newsletter for more such community news and stories, in addition to significant updates on USA to India travel, transit visa, and immigration.

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Equal Access to Green Cards for Legal Employment Act: A New Bill for H1B Visa Holders in Green Card Backlog https://www.indianeagle.com/travelbeats/hr-3648-eagle-act-2021/?utm_source=rss&utm_medium=rss&utm_campaign=hr-3648-eagle-act-2021 https://www.indianeagle.com/travelbeats/hr-3648-eagle-act-2021/#respond Tue, 26 Jul 2022 21:56:24 +0000 https://www.indianeagle.com/travelbeats/?p=28134 Non-immigrant visa holders felt the ordeal of being stuck in the green card backlog intensely during the pandemic, as their entry to the US was heavily restricted by President Biden’s proclamations curbing the import of COVID-19 cases from the affected countries. Consequently, thousands of H1B, H4, L1 and other non-immigrant visa holders were stranded in […]

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Non-immigrant visa holders felt the ordeal of being stuck in the green card backlog intensely during the pandemic, as their entry to the US was heavily restricted by President Biden’s proclamations curbing the import of COVID-19 cases from the affected countries. Consequently, thousands of H1B, H4, L1 and other non-immigrant visa holders were stranded in India, and many of them were separated from their families in the United States. They bore the brunt of long wait times for green cards. If they had got the magic wand (Green Card0, they would have spread a magic mat in the air and travelled to the US flying past all the restrictions.

In a recent development of attempts at phasing out per-country limits on issuance of employment-based green cards, two Senators – Kevin Cramer and John Hickenlooper – introduced a new version of the EAGLE Act 2021. Cleared by the US House Judiciary Committee in April this year, the legislation is now titled EAGLE Act 2022.

HR 3648 EAGLE Act 2021, News for H1B workers, Green Card news
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Amid a row over the pandemic-induced travel ban on India in 2021, Congresswoman Zoe Lofgren and Republican John Curtis had brought a bipartisan legislation onto the table. The Equal Access to Green cards for Legal Employment Act (HR 3648 EAGLE Act 2021) was aimed at removing the obstacles that are responsible for the mounting backlog of green card applications. Needless to say the obstacles include the fixed 7% country-wise limit on the allocation of employment-based green cards. The HR 3648 EAGLE Act 2021 also addressed the need to raise the per-country cap on issuance of family-based green cards to 15%.

Not the country of origin but skills should be the basis of hiring foreign workers and issuing green cards to them – is the basic premise of the Equal Access to Green cards for Legal Employment Act. Over the years, the US Congress saw several bills seeking phasing out of the per-country cap in order to ensure fair allocation of employment-based green cards. But, none of the bills made a cut. The last bill was the Fairness for High-Skilled Immigrants Act (HR 1044, S386) that gained momentum when Donald Trump’s days were numbered at the White House.

The final version of the combined HR 1044, S386 served as the foundation of the newly introduced bill, HR 3648 EAGLE Act 2021. President Biden’s US Citizenship Act of 2021, which promised a lot to those stuck in the green card logjam, has not yet clicked with the Senate since it was introduced within a few days of Biden’s swearing in to the presidential office. Hence, John Curtis and Zoe Lofgren’s ‘Equal Access to Green cards for Legal Employment Act’ was another big attempt at removing per-country caps on green card allocation.

The HR 3648 EAGLE Act 2021 was vocal about certain advantages to the US economy that fair allocation of employment-based green cards would have ensured. “The basic framework for allocating immigrant visas dates back to the middle of the 20th century and was last seriously updated in 1990,” Congresswoman Lofgren said. “The effect of the per-country caps is that countries with small populations are allocated the same number of immigrant visas as that to skilled labor from a relatively large-population country,” she further said.

“The bipartisan act, if signed into a law, will lead America towards a system that de-emphasizes birthplace and better serves the nation and its economy,” Zoe Lofgren opined while explaining the benefits of the EAGLE Act 2021.

The bill requires the Department of Labor (DOL) to set up a ‘Searchable Internet Website’ where all H1B jobs will be posted for unrestricted public viewing. The website should come up within 180 days from the signing of the bill into a law. The jobs posted on the website will remain live for 30 days from the day of posting and must have such details as education, experience and training required; salary details; employment location and benefits; and application process. Each H1B job post should have a title, a description and occupational classification.

The bill will enable American employers to focus on roping in the best talent from overseas and building great products that will create employment in the country and strengthen the local economy, according to Republican John Curtis.

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