The country of India is curious to see if United States President Barack Obama will follow the lead of Prime Minister Narenda Modi in releasing stringent visa limitations. Prime Minister Modi declared his intentions of easing the visa restrictions in his well known voyage to the United States last year, and eyes are now on President Obama after his trip to India in January 2015. For more on 2016 H-1B Visa cap predictions, check out 2016 H-1B Predictions.

Focus of the Efforts

The focus has mainly been on the policy regarding foreign nationals who are living in the United States illegally. But there is a different group of people, those of the Indian technical industry, who are also looking forward to potential reform to the immigration program. Currently the H1B program provides means for many Indian citizens to obtain employment on United States soil. Engineers, software designers and computer programmers are just a few occupations that have been brought to the United States from India. So far both countries have benefited from this arrangement as India has been able to expand its economic presence in the global market, while the United States has appreciated the quality product the workers have provided. The hope of many is that Obama will present legislation to expand the limit of H1B workers which is currently set at 65,000 workers per year. This limit is discouraging both to the Indian tech workers as well as the United States companies that have come to rely on the skilled labor they provide. Both are asking President Obama to develop and promote legislation that would increase the visa capacity for H1B.

H-1B Visa Rejections

The Wall Street Journal reports the rejection rate of particular types of H1B visa applications for Indian nationals may be as high as 40 percent. This could be similar to the H-1B visa rejections of 2014. This is a relatively high rejection rate versus the rejection rate for other countries. Many in the Indian tech industry question whether they are more intensely examined and analyzed than applicants from other countries and nations. Many people with India’s technical industry and in India’s government are pushing for a more level playing field, insisting on legislation which will guarantee no discrimination can or will occur. At this point, President Obama has demonstrated a certain willingness to loosen regulations for the skilled technical workers, such as allowing qualifying spouses to obtain authorization for employment. Many people wonder if this current willingness will expand to meet their expectations.

Global Dependence on H-1B Workers

Both the United States and India are economic power players globally. Both rely on the other to maintain their power position and this is largely dependent on the H1B workers. India’s economy depends on the profits produced in the United States, while the United States depends on the competent workers that India provides to their valuable technical industry. While the countries currently depend on each other, they must both also have faith that the relationship will remain reciprocally advantageous, especially the H1B program. It may be that the eyes of not only India, but those of the United States, are also watching President Obama to view the potentially constructive reform of this immigration system.

Online Resources for H-1B Applicants

If you are a potential a H-1B applicant, employers interested in pursuing an H-1B visa or, you know someone who needs help with an H-1B visa, please share our online resources to help them make the best decision possible:

Or feel free to call Patel Law firm or contact us online to speak with an immigration attorney directly.

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Beeraj Patel, Esq.

Partner at KPPB Law
Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them.
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