73% of H-1Bs Go to India, 2025 Policy Shifts Prompt Scrutiny

(UNITED STATES) An American education technology chairman has reignited a long-running debate over H‑1B visas, arguing the system favors one country after new data showed Indian nationals continue to receive roughly 73% of approvals. As of mid-September 2025, that share has held even as overall demand from India has fallen, reflecting tighter rules, higher fees, and tougher screening that reshaped this year’s cap season, according to immigration attorneys and company recruiters.

U.S. Citizenship and Immigration Services (USCIS) received 423,028 eligible H‑1B registrations for the FY2025 cap, competing for 85,000 new slots. That translates into an approval chance of about 20%, one of the lowest among major work visa pathways. Immigration lawyers say the result stems from enforcement efforts against fraud, stricter job classification reviews, and a policy shift that led employers to file fewer speculative registrations.

Why the “one country favored” claim is misleading

The chairman’s claim that the system “favors one country” taps into a sensitive fault line in U.S. immigration policy. However, Indian applicants’ strong results are not driven by any country-based rule. Instead, they reflect:

• The scale of India’s tech talent pipeline
• The dominance of large consulting and outsourcing firms that sponsor at scale
• Market demand for software, cloud, data, and cybersecurity skills

Between 2020 and 2023, Indians received about 73% of H‑1B visas, and that pattern has persisted into 2025, even as applications from India dropped from several major hubs, including Hyderabad.

Policy and enforcement changes that reshaped FY2025

USCIS tightened controls after concerns about fraudulent or duplicate registrations in past cycles. Key changes and effects include:

• Registration volume: 423,028 eligible registrations for 85,000 slots → roughly 20% selection chance.
• Fee hike: Registration fee raised from $10 to $215 — a 2,050% increase — prompting employers to pre-screen candidates and avoid mass filings.
• Stricter scrutiny: More Requests for Evidence (RFEs) and denials, often tied to:
  • Misalignment of job duties with correct Standard Occupational Classification (SOC) codes
  • Difficulty proving a valid employer-employee relationship for third‑party placements
• Fraud enforcement: Targeted action on suspicious OPT-to-H‑1B pipelines and unclear job offers
• Processing assistance: U.S. Department of State announced steps to speed certain H‑1B renewals in 2025, with Indian workers likely to benefit most

Fragomen attorneys report employer audits and uncertainty have weighed on Indian candidates because they dominate tech roles often scrutinized for proper job codes. The American Immigration Lawyers Association has similarly flagged continued high RFE rates tied to these issues.

How applicants and employers responded

Many employers changed strategies in response to higher fees and enforcement:

• Pre-screening candidates more carefully
• Filing fewer speculative registrations
• Preparing fuller evidence packages up front to anticipate RFEs
• Some shifting roles to overseas offices or building remote-first teams when U.S. approvals look unlikely

Law firms and recruiters note geographic differences in demand. Several Indian consultancies reported far fewer inquiries for the March registration window; a Hyderabad‑based firm said it did not receive a single request this year. Recruiters in Bengaluru and Pune described a cooler mood among first-time applicants due to risk of denial and slower paths to permanent residence.

“The higher cost pushed employers to pre-screen candidates more carefully and avoid mass filings,” attorneys said, while also noting more RFEs and denials tied to SOC-code issues and third-party placement scrutiny.

Impact on students, workers, and families

For many Indian graduates on Optional Practical Training (OPT), the H‑1B once felt like a natural next step. This year, however:

• DHS fraud crackdowns involving alleged OPT misuse and questionable job offers made some students hesitant
• Long waits for employment-based green cards extend uncertainty for years, pushing families to consider alternatives
• Alternatives being weighed include Canada 🇨🇦, the O‑1 “extraordinary ability” visa, the L‑1 intracompany transfer, or remote roles based abroad

Human stories illustrate the strain: a master’s student in Texas said the fee jump discouraged classmates from entering the lottery through uncertain staffing offers. A California engineer described an RFE about the SOC code that forced weeks of back‑and‑forth with HR. Denials can upend lives—moving home, breaking leases, and withdrawing children from school on short notice.

Practical filing notes for employers and applicants

Applicants face higher costs and more paperwork beyond the $215 registration fee. Selected employers must file a petition package with extensive evidence of job complexity and degree requirements. Many now prepare extra documentation up front to anticipate RFEs.

Important forms and where to find them:

• Form I‑129 (Petition for a Nonimmigrant Worker): Form I-129
• Form I‑907 (Request for Premium Processing Service): Form I-907

Common filing tips offered by attorneys:

1. Plan early with employers.
2. Provide clear job descriptions tied to proper SOC codes.
3. Assemble strong evidence of the degree requirement and employer control for third‑party placements.
4. Identify backup immigration options (O‑1, L‑1, work-from-abroad) in case the lottery selection does not occur.

Policy debate and potential reforms

The ed‑tech chairman’s charge echoes calls from critics who want Congress or the administration to redesign the lottery to “diversify” outcomes by country or industry. Key arguments:

• Critics: The lottery could be redesigned to reduce concentration among certain nationalities or industries.
• Immigration attorneys: The law sets a single global cap not tied to nationality; lottery chances are equal for all registrants. Outcomes reflect who applies and for which jobs, not a rule that favors one country.

Some lawmakers propose options such as:

• Overhauling the lottery to curb multiple registrations by related entities
• Adopting a wage‑based ranking system that prioritizes higher salaried petitions (tested in rulemaking but not adopted)

Any legislative change would disproportionately affect India given its large role in the applicant pool. Until Congress acts, the 73% share—driven by market realities—is likely to persist even amid declining Indian applications.

Data, trends, and longer-term implications

Analysis by VisaVerge.com indicates Indian nationals’ dominance in H‑1B visas is consistent with long-term trends dating to the early 2000s, reflecting:

• A large pool of STEM graduates in India
• Major IT services firms sponsoring at scale

In some years, the share reached as high as 77%. Even with a decline in applications from India in 2025, the share remains high because U.S. employers still rely heavily on Indian talent.

Other context and trends:

• In 2024, the United States issued about 331,000 student visas to Indians.
• More than 2 million Indian visitors entered the U.S. from January through November 2024 (a 26% year‑over‑year rise).
• The 85,000 annual H‑1B cap remains the central limiter for many tech roles.

Immigration experts warn that continued bottlenecks could encourage more employers to base teams in Canada or Europe, or to build remote-first structures—potentially reducing the U.S. share of high‑growth projects.

Key takeaways and warnings

• The H‑1B selection rate for FY2025 was near 20% due to 423,028 registrations vying for 85,000 slots.
• The $215 registration fee and stricter enforcement reduced speculative filings and increased pre‑screening.
• Indian nationals still received about 73% of H‑1B approvals, reflecting applicant supply and employer demand—not an explicit nationality preference.
• Applicants should prepare more documentation up front, tie job descriptions to proper SOC codes, and consider backup immigration strategies.
• Employers face higher costs and potential delays; startups and small firms are most vulnerable to disruption if key petitions fail.

Important: For official guidance, USCIS maintains an H‑1B overview that explains program rules, annual caps, and employer steps. See: USCIS H‑1B Specialty Occupations.

Legal practitioners expect debate in Washington to continue. Some favor a lottery overhaul or wage-based prioritization; others stress the need for stronger wage protections and oversight if caps are raised. For now, the government’s focus remains on program integrity—reducing sham offers, clarifying job classifications, and tightening checks on staffing-heavy models that send employees to third-party client sites—while balancing the need to keep doors open to skills that fuel U.S. growth.