Trump’s Visa Restrictions Highlight Anti-Indian Racism in Tech Hiring

(UNITED STATES) — With DHS’s wage-weighted H-1B selection rule taking effect Feb. 27, 2026, employers are now planning for an FY 2027 cap season that will no longer be a purely random lottery.

The change lands just weeks before the usual March registration window for cap-subject petitions tied to an Oct. 1, 2026 start date. It also arrives amid new vetting guidance and consular disruptions that are already affecting Indian professionals and U.S. employers, fueling claims of anti-Indian racism from industry groups including NASSCOM.

FY 2027 cap season timeline (projected)

USCIS has not yet posted FY 2027 registration dates as of Jan. 16, 2026. The agency typically follows a repeatable calendar.

📅 Key Date: The wage-weighted selection rule is effective Feb. 27, 2026, before expected March 2026 registrations.

What changed: from random lottery to wage-weighted selection

DHS announced a final rule on Dec. 23, 2025 replacing the random lottery with a weighted selection model tied to wage levels.

The weighting described is:

• Level IV wage offers: 4x entries
• Level I wage offers: 1x entry

This is a structural shift for the H-1B program. Employers that historically filed at Level I wages now face a materially lower selection probability.

Employers offering Level III or IV wages may see better odds, assuming compliant job duties and degree requirements. The rule does not remove core H-1B requirements.

Employers must still prove a specialty occupation, file a compliant LCA, and pay the higher of the prevailing wage or actual wage. Wage level selection incentives do not excuse weak position descriptions.

One registration per beneficiary still applies

USCIS already moved to a beneficiary-centric process, meaning one registration per person, regardless of how many employers submit. That rule reduces duplicate-entry gaming.

It also makes employer strategy more about role design and wage compliance, not volume.

How FY 2027 may compare to last year

In the prior cap season, USCIS reported hundreds of thousands of registrations and a far smaller number of selections to meet the 85,000 cap (65,000 regular cap plus 20,000 master’s cap).

For FY 2026, USCIS publicly reported roughly 470,000 eligible registrations and about 135,000 selections to account for filing attrition.

FY 2027 will likely look different in two ways:

• Distribution shift: Registrations may cluster around higher wage levels to gain weighting.
• RFE posture: Higher wage offers may trigger questions if duties do not fit the level.

Employers should anticipate that “salary-first” planning can backfire if the SOC code, worksite, and job duties do not support the wage level.

New federal actions affecting H-1B planning in 2026

Several actions described by DHS, USCIS, and the State Department are changing risk planning for both employers and employees.

Expanded vetting guidance (Aug. 20, 2025). USCIS issued guidance requiring officers to screen for “anti-American” or “antisemitic” views. This can increase requests for evidence and background review time.

Adjudicative holds (Jan. 1, 2026). A memo directed processing holds affecting benefit requests tied to 39+ countries, including H-1B and L-1 categories. Holds can affect extensions and change of status timelines.

Immigrant visa pause (Jan. 21, 2026). The State Department announced an immigrant visa pause for nationals of 75 countries, including India and Pakistan. This is a green card consular-processing issue and can still disrupt long-term workforce plans.

Fees employers must budget for FY 2027 filings

For cap-subject cases selected in March 2026, the petition filing period is expected to begin April 1, 2026. Employers should budget required fees early.

A separate policy described in the material is a $100,000 fee for certain applicants outside the U.S. without a valid visa, effective Sept. 19, 2025. If it applies to a hire, it can reshape recruiting and may price out smaller employers.

“Anti-Indian racism” claims and employer discrimination exposure

The term anti-Indian racism has surfaced in industry and social discourse as restrictions and enforcement intensify around visa-dependent hiring.

At the same time, the EEOC has signaled increased focus on national origin discrimination against American workers. That enforcement posture creates a two-sided compliance problem.

• Employers must not use hiring policies that unlawfully exclude U.S. workers.
• Employers must not tolerate harassment or bias against Indian employees.

High-profile employers, including FedEx, Walmart, Verizon, and Dish Network, have faced heightened scrutiny. In January 2026, NASSCOM pushed back publicly, citing India’s economic contribution to U.S. jobs and GDP.

For employers, the legal exposure is not theoretical. Recruiting pipelines, referral programs, and job ads should be reviewed for disparate impact. Internal communications should be audited for inflammatory statements that create discoverable evidence.

What happens after selection, and what happens if not selected

If selected

The employer has a short filing window, usually April 1 through June 30, to submit the H-1B petition. The case typically includes a certified LCA and specialty occupation evidence.

• Certified LCA
• Specialty occupation evidence
• Degree evaluation, if needed
• Itinerary and end-client letters for third-party sites

Employees should verify that the offered wage meets or exceeds the prevailing wage for the SOC and location. Level I filings are still allowed, but they face more questioning.

If not selected

USCIS may run additional selections later in the fiscal year if filing rates fall short. Employees should still plan alternative work authorization options before current status ends.

Alternatives for those not selected

Non-selection does not end employment options, but timing matters.

• Cap-exempt H-1B: Universities, nonprofit affiliates, and research organizations can file year-round. No lottery applies.
• O-1: For individuals with sustained acclaim. Evidence-heavy, but not capped.
• L-1: For intracompany transferees with qualifying overseas employment and a related entity.
• STEM OPT: For F-1 students with eligible degrees and compliant employers. Watch EAD processing trends.
• TN (Canada/Mexico): If eligible under the profession list and nationality requirements.
• E-2 / E-1: For treaty investors or traders, where nationality and ownership rules fit.

Travel and stamping risks for Indian nationals in early 2026

Travel planning needs extra lead time. Reports noted H-1B and H-4 appointment cancellations and rescheduling at U.S. consulates in Hyderabad and Chennai, with many moved into Feb. or March 2026.

Employees traveling should plan for longer visa appointment lead times and administrative processing that can delay return.

• Longer visa appointment lead times
• Administrative processing that can delay return
• Carry I-797, LCA summary, and recent pay statements for port-of-entry questions

Employers should consider premium processing for time-sensitive change-of-status cases. Premium does not control consular issuance timelines.

Next year’s projected timeline (FY 2028)

If USCIS keeps its usual cadence, expect FY 2028 registration in March 2027, selections by late March or early April, filings starting April 1, and an Oct. 1, 2027 start date.

Planning should begin in January each year, with SOC code review and wage benchmarking before registration opens.

1. Validate SOC codes and worksites now.
2. Set wage offers that match real duties.
3. Prepare FY 2027 registrations for early March 2026.

Employees should (1) confirm wage level and location details before registration, (2) avoid international travel without a stamping plan, and (3) identify a backup status option by March 2026. Track updates on USCIS cap season postings and core H-1B requirements.

📋 Official Resources:

• uscis.gov/h-1b-specialty-occupations
• uscis.gov/h-1b-cap-season
• flcdatacenter.com