(UNITED STATES) Calls to “burn” the H-1B visa program surged online after an Indian envoy defended India’s purchases of Russian oil, but there is no sign the U.S. government plans to end or suspend the program. As of August 26, 2025, the H-1B system remains fully active. The annual cap has already been met for the current cycle, and no second lottery is planned.
U.S. Citizenship and Immigration Services (USCIS) continues to accept and process petitions under the long‑standing limit of 85,000 new slots each year—65,000 for the regular cap and 20,000 for people with U.S. advanced degrees. Federal agencies have made no announcements, orders, or public guidance suggesting the H-1B will be shut down because of the recent social media backlash tied to U.S.-India relations.
Officials have focused instead on program integrity. USCIS recently tightened its selection system to curb fraud and multiple entries for the same person. The agency now uses a beneficiary‑centric selection process that aims to give each worker a single fair chance rather than multiple bites through duplicate company registrations. According to analysis by VisaVerge.com, these steps have already cut down the total number of entries and improved trust in the lottery.
The FY 2026 H-1B registration window ran from March 7 to March 24, 2025, and employers selected in that lottery are moving forward with filing and adjudication. The earliest start date for new H-1B employment is October 1, 2025. In short, despite the online noise, the core system is operating as designed.
Policy and process: what is actually changing
While the H-1B visa program is still in place, several updates matter to both employers and foreign workers applying this year and next.
Key updates:
– The H-1B cap for the fiscal year is already reached, and no second lottery will be held for this cycle. Anyone not selected in the initial draw must wait for the next registration season unless a cap‑exempt employer files on their behalf.
– USCIS has shifted to a beneficiary‑centric selection process. This treats each worker as a single entry, even if multiple companies tried to register that person. The change aims to reduce duplicate entries that skewed earlier lotteries.
– The registration fee is now $215 per person entered in the lottery.
– If selected, employers file a full petition. The base filing fee for most employers is $780 for Form I-129, while small employers and nonprofits pay $460.
– Fraud checks have intensified and premium processing remains available for faster decisions.
Filing timetable and related points:
1. Selected employers file the H-1B petition no more than six months before the start date; for this cycle, the earliest start date is October 1, 2025.
2. If USCIS needs more information, it issues a Request for Evidence (RFE) and the case is stayed until a response arrives.
3. Families should watch a new rule tied to the Child Status Protection Act (CSPA). Beginning August 15, 2025, CSPA “age‑out” protection for dependents is calculated using only the Final Action Dates chart. This can make it harder for some children nearing their 21st birthday to keep dependent status.
Official guidance and forms:
– USCIS maintains a detailed reference page on H-1B eligibility, forms, and cap season steps at USCIS H‑1B: Specialty Occupations.
– From a paperwork standpoint, selected employers still file Form I-129 with supporting documents, explained at Form I‑129, Petition for a Nonimmigrant Worker.
– After filing, USCIS issues a receipt notice, Form I-797C, details at Form I‑797, Notice of Action.
What is not changing:
– The statutory cap remains 85,000 new H-1Bs per year.
– No cap increase and no new exemption outside the advanced degree carve‑out.
– USCIS has not introduced new specialty occupation rules in this cycle.
– No executive orders have paused or narrowed the visa program.
The government response has focused on making the lottery fairer and more accurate rather than shrinking or expanding who can apply.
Backlash versus policy reality
The spark for the latest online outcry was remarks by an Indian envoy defending India’s decision to buy Russian oil. Some U.S. netizens reacted by calling to “burn” or end the H-1B visa program, linking the debate to sanctions, foreign policy, and broader geopolitics.
In Washington, however, there has been no matching move to shut down the program:
– No committee hearings announced that target H-1B because of the envoy’s comments.
– No new executive actions rewriting rules.
– The White House and Congress have left the system running on its usual annual cycle while agencies tighten fraud checks.
Practical consequences of the gap between social media demands and policy reality:
– Students on Optional Practical Training selected this year are preparing for the shift to H-1B status in October.
– Employers needing niche skills are finalizing onboarding plans.
– Families are double‑checking timelines for spouses and children.
Arguments in the debate:
– Supporters (many in U.S. tech) argue the visa fills real skill gaps in software, chips, and health tech and helps companies grow.
– Critics and some labor advocates claim the program can pressure wages or move jobs overseas and call for deep reforms or cuts.
– Those arguments have not resulted in new laws this year.
India and families:
– Indian nationals are the largest source of H-1B talent.
– The program connects the two economies and influences day‑to‑day family planning: school choices, savings for moves, and green card expectations.
– Online calls to end the program create fear for families and students relying on the pathway.
USCIS reports that integrity changes reduced overall registration numbers this year, aligning with the idea that duplicate entries are harder under the new system. This suggests a cleaner pool and selection closer to genuine demand for each worker. Employers also face more checks and must certify that each job meets the definition of a specialty occupation.
Families, employers, and workers: practical effects
The most useful question is what is happening now. Below is a snapshot of the current landscape and practical steps.
Daily implications:
– Applicants selected in March have a clear path to file and, if approved, start on or after October 1, 2025.
– Those not selected must wait for the next registration window unless a cap‑exempt employer (e.g., university or certain research groups) can file.
– Employers should review filing packages carefully; stronger fraud checks mean small errors can cause delays.
– Families with children nearing 21 should plan for the August 15, 2025 CSPA change; some children may lose dependent status sooner.
– Fees to budget for:
– $215 lottery registration per registrant
– $780 base Form I-129 filing fee (or $460 for small employers/nonprofits)
– Additional fraud fees and optional premium processing
– After filing, expect Form I-797C as a receipt. Respond promptly and completely to any RFE.
Three common scenarios:
– Small startup hires a machine learning engineer:
– Pays $460 base fee if eligible for the small‑employer rate.
– Must provide detailed job description, degree-field link, and may use premium processing for time‑sensitive needs.
- Large hospital sponsors a clinical data analyst:
- Pays $780 base fee.
- Must map the role to a required bachelor’s in data science, statistics, or related fields and show the job’s specificity.
- Family with a 20‑year‑old dependent:
- Tracks CSPA impact on age‑out risk and considers backup options (e.g., F‑1 status) if the child might lose dependent status.
Practical preparation checklist:
– Build a detailed job description listing core duties, tools, and how those duties require a specific degree.
– Match the worker’s education to the role; explain connections if the degree is in a related field.
– Keep records tidy: consistent titles, locations, and wage levels.
– Mark every deadline — filing windows, RFE response dates, and payment deadlines.
Alternative pathways companies consider:
– Cap‑exempt roles (universities, certain research entities)
– Transfers abroad with plans to try again
– Permanent residence sponsorship (longer plan)
These options can be less stressful than expecting a sudden policy change that would shut the program down — which is not happening now.
Key takeaways and watchpoints
The H-1B sits at the intersection of economic needs and foreign policy, particularly in U.S.-India relations. While online campaigns have been loud, the policy facts are steady.
Important markers to keep in view:
– The H-1B program remains operational with the annual cap of 85,000 unchanged.
– The FY 2026 registration window closed on March 24, 2025; no second lottery will take place for this cycle.
– The beneficiary‑centric selection and stronger fraud checks are active and credited with reducing duplicate entries.
– Fees include $215 to register and $780 (or $460 for small employers and nonprofits) to file Form I-129, plus other standard costs.
– The CSPA update takes effect on August 15, 2025, using Final Action Dates for dependent age calculations — this can affect children near 21.
– Official guidance and step‑by‑step instructions are on the USCIS page at USCIS H‑1B: Specialty Occupations, while form details are at Form I‑129, Petition for a Nonimmigrant Worker and Form I‑797, Notice of Action.
The H-1B is not a hashtag; it is a system of rules, deadlines, and forms that determine hiring, family planning, and career moves. Policy debate will continue, but the ground is not shifting this week.
Final practical advice:
1. Treat every document as if an officer must understand your story in minutes — clarity helps win cases.
2. Build a calendar that includes all deadlines — filing windows, RFE deadlines, and start dates — so nothing slips through the cracks.
The H-1B remains a bridge between classrooms and companies, labs and tools, and two countries whose tech communities rely on each other. This month’s spike in rhetoric may fade quickly; what endures is the daily work of filing, preparing for October start dates, and planning for the next season based on the facts — not the noise.
This Article in a Nutshell
The H-1B remains active as of August 26, 2025; the FY2026 cap is filled and no second lottery will occur. USCIS tightened selection with beneficiary-centric rules and fraud checks. Registration is $215; Form I-129 fees are $780 (standard) or $460 (small employers). CSPA age calculations change August 15, 2025, possibly affecting dependents near 21.
