H-1B visa cap removal: What Krishnan's White House role means for Indians

Krishnan, known for his advocacy for merit-based immigration reform, is expected to play a vital role in shaping the future of technology in the U.S.

In a historic move that highlights the increasing influence of Indian-Americans in US politics, President-elect Donald Trump has appointed prominent Indian-American  venture capitalist Sriram Krishnan as Senior Policy Advisor for Artificial Intelligence at the White House Office of Science and Technology Policy. Krishnan is expected to play a key role in not only shaping the future of technology but also immigration reform in the US. The appointment comes at a time when the  U.S. government is considering a proposal to eliminate the country cap on H-1B visas. This move is expected to significantly increase opportunities for skilled workers from India, especially in fields like technology and engineering.

 

 

Krishnan has long advocated for immigration reforms that would prioritise merit and streamline the green card process, especially for skilled workers from countries like India. 

 

What is the H-1B Visa?

The H-1B visa allows U.S. companies to hire foreign workers in specialty occupations that require specific skills and education. Currently, there’s a limit on how many visas can be issued to applicants from any single country, which has created a bottleneck for Indian professionals seeking to work in the U.S. Each year, only a limited number of H-1B visas are available to applicants from countries like India, leading to intense competition. 

Current System and Country Cap

Currently, there is a cap on the number of H-1B visas issued each year from any single country. This means that countries with large populations of skilled workers, like India, face a limit on how many visas can be granted to their citizens. For instance, if there are 85,000 H-1B visas available annually, a significant portion might go to applicants from countries like India, but those exceeding the cap may not get the visa. Currently,  no more than 7% of the total number of H-1B visas can be allocated to workers from any single country, regardless of of demand, which caused significant delays for applicants from high-demand countries like India.

 

Proposed Changes

There is a US proposal to eliminate this country cap. This means that there would no longer be a limit on the number of H-1B visas that can be issued to applicants from a single country. Instead, the allocation could be based solely on merit or other factors, potentially benefiting countries with a high number of skilled workers.

 

Indian nationals stand to gain from the proposed changes, as the current visa cap disproportionately affects countries with high demand. For decades, Indians have faced protracted wait times for both family- and employment-based visas.

 

According to the US Department of State, over 1 million Indians are awaiting green cards, with some employment-based applicants predicted to wait more than 100 years. Family-sponsored visa applicants also face delays, with priority dates stretching back to 2006 for certain categories.

 

 The December 2024 Visa Bulletin indicates priority dates for Indian applicants range from October 2015 for unmarried children of US citizens (F1) to March 2006 for siblings of US citizens (F4), highlighting the extensive delays.

 

Implications for Indians 

Increased Opportunities:

 

With the cap removed, more Indians would have the opportunity to secure H-1B visas. This is significant because India has one of the largest populations of tech professionals and skilled workers looking to work in the U.S. 

For example, if a tech company wants to hire 100 engineers from India, they could do so without worrying about hitting a cap.

 

Competitive Advantage:

 

Indian workers often excel in fields like IT and engineering. With the ability to apply for visas without a cap, Indian professionals could dominate the applications, increasing the likelihood of securing positions in leading U.S. companies.

 

Long-Term Residency and Green Cards:

 

More H-1B visas could lead to a greater number of Indian professionals transitioning to permanent residency (Green Cards). This could enhance their ability to live and work in the U.S. long-term.

 

Economic Growth:

A surge in skilled workers can lead to innovation and economic growth in the tech sector in the U.S., potentially benefiting both economies. Indian professionals often contribute significantly to their companies, fostering technological advancements.

 

Indian students might be encouraged to pursue more STEM (Science, Technology, Engineering, and Mathematics) education if they know that job opportunities in the U.S. will increase.