Rising Anxiety Among Indian H-1B Professionals in US: Key Concerns Revealed

A growing number of Indian professionals on H‑1B visas say they face Notices to Appear for removal even before the official 60‑day grace period ends, escalating fears of deportation and reshaping how workers approach layoffs, job searches, and long‑term plans in the United States. Multiple surveys conducted between late July and early August 2025 report that one in six Indian H‑1B workers, or someone close to them, received an NTA within two weeks of losing a job—well ahead of the window they believed would protect them.

Immigration lawyers describe a more aggressive enforcement environment and advise laid‑off workers to secure new employment immediately or consider leaving quickly to avoid lasting penalties. According to analysis by VisaVerge.com, this shift combined with a wage‑based H‑1B selection system and heightened compliance checks has produced the most uncertain climate for Indian tech workers since the pandemic era.

Rule changes and timing

The anxiety arrives as the government completes a sweeping overhaul of H‑1B rules. On December 18, 2024, the Department of Homeland Security announced the H‑1B Modernization Final Rule, which took effect on January 17, 2025.

Key clarifications and provisions include:

• What counts as a “specialty occupation” — clearer definitions and flexibility for modern interdisciplinary roles.
• Restored USCIS “deference” — prior approvals will be given weight when the facts haven’t changed.
• Worksite inspections and penalties — codified authority to conduct site visits and sanction noncompliance.
• Extended cap‑gap protection — F‑1 students changing to H‑1B now have protection through April 1 of the following fiscal year.

While these changes aim to improve consistency, they coincided with tougher oversight and a faster march toward enforcement when employment ends.

On August 8, 2025, the Office of Information and Regulatory Affairs approved a shift to a wage‑based selection system for H‑1B visas, replacing the random lottery. Under the new model, higher offered wages rank higher in selection, disadvantaging recent graduates and early‑career professionals even though the annual cap remains 85,000 visas (65,000 standard + 20,000 advanced degree).

USCIS also implemented beneficiary‑centric registration for this year’s cycle, ending multiple entries per individual through different employers. Each person now gets a single entry regardless of how many offers they have. That step drew praise for reducing fraud, but it didn’t calm nerves about early NTAs after job loss.

Entrepreneur‑founders welcomed a separate shift: properly structured startups can now sponsor a founder for H‑1B if the company can show real employer control and a bona fide job.

What surveys and data show

Survey responses gathered in late July and early August 2025 illustrate the on‑the‑ground experience:

• Among 2,089 verified Indian professionals surveyed on the Blind app:
  • 16% said they or a close contact received an NTA during the grace period, sometimes within as little as two weeks after termination.
  • 35% said they or someone close to them had been forced to leave the United States following job loss—often while still counting the days they believed were available to transfer.
• If forced to depart:
  • 45% would return to India
  • 26% would try another country
  • 29% were undecided

Forward‑looking sentiment has softened:

• 35% would choose a U.S. work visa again
• 38% would not
• 27% were unsure

Other relevant figures and trends:

• About 207,000 Indians received H‑1B visas in fiscal year 2024.
• 120,141 registrations were selected for FY 2026—the lowest since 2021—after stricter checks and higher fees filtered out duplicates or weak filings.

These changes and numbers create pressure on entry‑level hiring and increase interest in alternatives abroad.

Five structural shifts reshaping H‑1B in 2025

Workers and employers are adapting to these core changes:

1. Wage‑based selection: Higher wages rank higher in selection, squeezing entry‑level and recent graduates.
2. Beneficiary‑centric registration: One registration per person, reducing duplicate filings and some fraud.
3. Extended F‑1 cap‑gap to April 1: More runway for students bridging from OPT to H‑1B.
4. Deference on extensions: Fewer surprises when facts remain the same.
5. Expanded site visit enforcement: More compliance checks with penalties for misrepresentation.

Important: While the statutory grace period has not changed, worker experiences suggest the effective window can be cut to 2–14 days in some cases due to quicker enforcement steps.

Founder sponsorship and “specialty occupation” guidance

The rules also open pathways for founders. A startup can sponsor its founder for H‑1B if it demonstrates real employer control (board or investors have hiring/firing authority). Counsel recommend:

• Creating clear governance documents
• Keeping payroll and performance records ready for inspections
• Drafting specific job duties and wage levels that reflect actual responsibilities

The DHS rulemaking clarifies “specialty occupation” expectations, allowing flexibility for interdisciplinary roles (e.g., data science mixing computer science and statistics). Employers welcome clarity but are cautioned that broad titles or third‑party placements can still raise compliance questions.

Human impact and immediate steps after a layoff

For workers who have been laid off or fear a layoff, the practical playbook has changed. The goal is to preserve status and avoid NTAs that could spiral into deportation proceedings.

Recommended immediate actions (attorney advice):

1. Confirm last day of employment in writing and request a separation letter.
2. Collect recent pay stubs, W‑2s, and the prior approval notice.
3. Seek a new offer quickly and ask the employer to file a change‑of‑employer petition immediately.
4. Plan to depart if a filing can’t be made in days, not weeks—especially in regions issuing early NTAs.
5. Keep proof of job searches and interviews to show active efforts.
6. Maintain proof of address and travel history for potential site visits or status queries.

If a transfer is possible, counsel will typically prepare an I‑129 petition using the revised edition effective 01/17/25. Ensure employers use the correct form edition and that job descriptions, worksites, and wage levels match reality. The current version is available at the official USCIS page for Form I‑129: Petition for a Nonimmigrant Worker.

Students, travel, and cap‑gap protections

Students moving from F‑1 to H‑1B benefit from cap‑gap protection to April 1, which eases the spring handoff for many. Schools advise students to:

• Keep Designated School Officials informed
• Maintain up‑to‑date employment records
• Monitor petition timelines and discuss fallback plans early

Travel after a layoff can complicate reentry. Counsel generally advise against international travel until status is clear. If travel is unavoidable, carry approval notices, employment letters, pay records, and confirm visa stamp validity.

Employer compliance and operational changes

Employers face more frequent compliance touchpoints:

• HR should review public access files and confirm wage levels align with the Labor Condition Application.
• Worksite details must match where employees actually perform duties.
• For hybrid roles, document primary worksites and policies for occasional remote work.
• Beneficiary‑centric registration has changed recruiting calendars, prompting earlier coordination of offers.

Cost pressures are real. Filing fees rose in 2024 and 2025, and compliance programs require staff time. Some firms plan to sponsor fewer early‑career roles and focus more on mid‑career hires with higher wages.

Community response and family planning

Community groups are organizing resources to help families plan sudden moves:

• Webinars with lawyers
• Resume and interview workshops
• Emergency checklists covering housing, school calendars, and medical records

Families with U.S.‑born children must plan around travel documents and schooling if a departure becomes necessary. Advocacy leaders call for clearer guidance on grace periods and early NTAs to reduce anxiety and allow responsible planning.

Money, career choices, and alternative destinations

Surveys highlight financial and quality‑of‑life concerns if workers were to return to India:

• 25% cited pay cuts as top concern
• 24% cited quality of life
• 13% cited cultural and family adjustment
• 10% feared fewer job opportunities
• 28% were open to leaving with no major concerns

Community leaders report increased interest in Canada, the Middle East, Singapore, and Europe—locations offering alternative work permits and residency paths that may be more predictable, especially for mid‑career professionals.

The green card backlog and long‑term decisions

The green card backlog remains a central issue. Per‑country caps mean many Indian professionals face multi‑year or multi‑decade waits in employment‑based categories. This uncertainty interacts with the H‑1B cycle: workers who don’t feel confident about maintaining status until a priority date becomes current are likelier to pursue alternatives earlier.

Employers with robust permanent residency programs may retain talent longer, but even those efforts compete with shifts in visa bulletins and policy.

Travel, filings, and practical filing notes

• For filings on or after January 17, 2025, USCIS requires the updated edition of Form I‑129. The form and instructions are at: Form I‑129, Petition for a Nonimmigrant Worker.
• Workers should avoid international travel after termination unless status is clear.
• If urgent travel is unavoidable, carry approval notices, employment letters, pay records, and verify visa stamp validity; a new consular appointment may be required if the visa foil has expired.

Real stories

A software engineer who lost a job in July described waking up daily to check email for interviews and petition updates while arranging child care and preparing coding tests.
Another worker left the country after ten days because her new offer needed more time for legal review and her lawyer warned that delays could risk an NTA.

These examples are not outliers: they reflect the lived experience of workers who built careers, purchased homes, and now face fast decisions after job loss.

Practical preparations workers and employers are adopting

Workers are:

• Building backup resumes tailored to likely roles
• Asking recruiters about H‑1B transfer lead times
• Keeping personal records in a single folder for counsel
• Mapping “Plan B” options: temporary stays, school withdrawal steps, and packing/selling checklists

Employers are:

• Reviewing compliance logs monthly
• Scheduling mock site visit drills
• Updating job descriptions to match “specialty occupation” standards

Counsel continue to refine checklists for transfers filed within days of a layoff to try to outrun early NTAs.

Outlook and what to watch

Policy debate will continue through the election season. Key areas to monitor:

• Impacts of the wage‑based selection on entry‑level hiring and university pipelines
• Additional rulemaking affecting timing, selection criteria, or enforcement standards
• Advocacy efforts to protect families during transitions and to address the green card backlog

USCIS emphasizes program integrity and predictability, but workers and employers seek clearer guidance on grace periods and enforcement timing.

Official resources

Workers seeking official information can review USCIS resources:

• USCIS H‑1B program page: USCIS H‑1B Specialty Occupations
• Form I‑129 (for filings on or after 01/17/2025): Form I‑129, Petition for a Nonimmigrant Worker

These pages include instructions, edition dates, and filing address details that are essential for keeping petitions on track.

Final takeaway

Although the modernization rule promises clarity and stability in some areas, many Indian H‑1B professionals are experiencing a harsher enforcement reality around job changes. The practical message is clear:

• Act fast after any job loss.
• Keep documentation current.
• Prepare for the possibility that the effective grace period may be shorter than the law suggests.

If clarity and measured enforcement return, confidence could rebuild. If not, more Indian professionals may choose alternate destinations or return home—reshaping talent flows that have defined the U.S. tech economy for decades.