The sudden $100,000 H-1B visa fee announced by the US has sent shockwaves through Indian professionals and the global tech industry. In this special discussion, Pankaj Mishra speaks with Bhavya Chaudhary Jha (Immigration Attorney), Sunil Jha (Resident, Atlanta), and Sanjay Jha (IT Professional, Atlanta) on what this policy means for Indian workers, families, and the tech ecosystem.
The panel breaks down:
What the White House has clarified so far
Whether companies will absorb the cost or shift jobs offshore
How Indian families in the US are coping with the uncertainty
If this move signals a long-term barrier against Indian talent
Why scaling up skills could be the way forward
As India raises its concerns, the big question remains: Is the American dream slipping away for Indians- or will this crisis push India to become the next global innovation hub? Watch.
#H1BVisa
#IndiansInUS
#Oneindia
#TechIndustry
#USElections
~HT.410~GR.124~PR.282~
The panel breaks down:
What the White House has clarified so far
Whether companies will absorb the cost or shift jobs offshore
How Indian families in the US are coping with the uncertainty
If this move signals a long-term barrier against Indian talent
Why scaling up skills could be the way forward
As India raises its concerns, the big question remains: Is the American dream slipping away for Indians- or will this crisis push India to become the next global innovation hub? Watch.
#H1BVisa
#IndiansInUS
#Oneindia
#TechIndustry
#USElections
~HT.410~GR.124~PR.282~
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NewsTranscript
00:00People who were overseas would not be allowed to come back unless they showed
00:03evidence that their employers had paid $100,000 fees.
00:07Microsoft, Amazon, and Google, they scrambled through and advised their
00:12employees to provide a class of travel.
00:15But as of now, that is a memorandum issued by Homeland Security Department, USCIS, as well as the White House Press Secretary.
00:22So what is going to happen that it was about to slow down and then this I think is
00:27like a reset button that we have got with H-1B.
00:31Discouraging talent, Indian talent particularly.
00:35Well, H-1B is not meant for Indian people only.
00:37It is meant for people from all over the world.
00:40Although Indian people do make 70% of the program.
00:45Hello and welcome to this special broadcast on One India.
00:48As the world has come to know about the idea from United States and the notion and the proclamation from United States
00:57that H-1B visas will now cost 100,000 US dollars for the expats who go to the US, who work there on behalf of their companies,
01:08and also have their families there, have a life there.
01:13What does it carry the impact as?
01:16How do the Indians, the maximum number of expats on H-1B are Indians in the United States?
01:23How are they getting impacted?
01:25The hustle bustle that has been created off late, the visuals, the footages that we saw coming from different parts of the United States,
01:33and the reactions both from the government side and from the people alike.
01:38What does it mean?
01:40We need to clear the air around it and that's why an eminent panel from the state of Atlanta,
01:46from United States, is now joining us today.
01:50And in no particular order, Bhavya Chaudhary Jha, she's an immigration attorney in Atlanta.
01:56Sanjay Jha, he's an assistant of Atlanta and a tech professional as well.
02:03And Sunil Jha, also staying in Atlanta.
02:07Thank you so much for taking time out, Bhavya Ji.
02:10Let me begin with you first.
02:11Since you are an immigration attorney, a lot of confusion is there on when does this 100,000 USD payment has to be done.
02:23Please clear the air on this amount. What does it mean legally?
02:27And who is liable to pay this? The Indian workers there have literally gone into a tizzy.
02:34Sure. I'm happy to answer this.
02:37So to be precise, the fees have to be paid by the petitioner, the employer, also known as the employer.
02:44So whenever you file an H-1B visa petition, a visa petition is filed for a beneficiary that is also known as the applicant and individual.
02:52It's the company, the employer that files the petition.
02:55There are several kinds of fees, particularly with H-1B, the filing fees and ACWIA with the competitiveness in the 21st Century Act fees, fraud fees, asylum fees and so forth.
03:09So they have added this, tacked on this H-1B supplement fees for $100,000, which the petitioners have to pay per beneficiary.
03:18Right.
03:19As the proclamation said on Friday, September the 19th, that this will come into effect from March, the lottery season in 2026, which is in March.
03:31Okay.
03:32And then there was some confusion around it because industries and companies advised their employees who were traveling overseas to come back immediately because the innuendo was that people who were overseas would not be allowed to come back unless they showed evidence that their employers had paid $100,000 fees as of 19th September, 20th September, which was impossible.
03:56So yesterday, the press secretary from the White House clarified, it's saying that this only applies prospectively.
04:03So does the Homeland Security USCIS agency, that this only applies prospectively for visa petitions to be filed from March of next year.
04:12So all the people who already hold H-1Bs, who already we filed for them this past 25 March, April, and they got approvals, they're fine.
04:20People who have to extend their H-1Bs, transfer companies, amend their LCA and so forth, they are fine as well.
04:29So now some sort of clarity is there among the Indian Americans.
04:33So those who were actually, we saw visuals of people devoting flights amidst the fear that when they come back while re-entering, they will have to pay.
04:41So all that is clear now.
04:43Correct.
04:44Great, great.
04:45Absolutely.
04:46For now.
04:47So I want to add this, it's a very, it's a moving goalpost.
04:51It could change tomorrow.
04:52Okay.
04:53But as of now, that is a memorandum issued by Homeland Security Department, USCIS, as well as the White House press secretary.
05:00Right.
05:01Absolutely.
05:02I've heard Caroline Leavitt clearing the air on that.
05:05And a lot has changed since then, I would say.
05:08Sunilji, you work in the US tech sector.
05:11How are your colleagues basically reacting to this?
05:14Is there a real fear of career setbacks or things have gone back to normal now?
05:19So, Kaya, what you were explaining to you, right when this was announced on Friday evening, across the United States there was amongst the people there was a shock and anxiety.
05:35But as things moved and the Homeland Security came back and announced that $100,000 fee for the new H1B application is only for the people who are going to have a new visa filing, it has settled down a little bit than that time.
05:56But initially, it sent a ripples across through the military of immigrants here.
06:02There were, as you were saying, there were plain depotings and other things happened.
06:07There was an immediate panic because of the fact that major firms like Microsoft, Amazon, and Google, they scrambled through and advised their employees immediately to avoid international travel.
06:19And they were asking the people to stay back within the United States because that guidance which came out from the Homeland Security was not issued during that time.
06:29So, the confusion and misinformation which was in the air, initially, because it was the initial announcement lacked that clarity, which led to widespread conflict amongst the people and the visa holders.
06:43Until the White House clarified the fee is on for the new application, not renewals or existing visa holders, right?
06:52Yes, yes.
06:53Yes, yes.
06:54Yeah.
06:55I mean, for the carried setback, I mean, currently, as Baibaji was saying, this is a moving goalpost.
07:00Currently, that is the state we are in today.
07:05But $100,000 fee is a steep amount, especially for the startup and mid-sized firms, which if they have a sponsor in future for the new talent, then it is definitely a big fee for them to pay, right?
07:21Right.
07:22And more of them that, the carrier setback would be more for the uncertainty of the students and the new grads.
07:29You may be aware, this is the time when the H1B will get implemented from 1 October, but this is for the next year.
07:37So, the graduates which will come in the next year, they will have a few years to work on something called OPT, which is a student visa in other words.
07:50But when they transition from student visa to H1B, they will face a daunting financial burden.
07:57Because you may be aware, people coming from India, or students coming from India, they already are under the huge loan.
08:04Most of them are between 50 lakhs to one dollar of loan, which they take to the investors here.
08:11On top of that, if they had to pay this, if the company decided not to pay, this 80 lakhs and 90 lakhs will add an extra burden.
08:19Right.
08:20And that would be a big time uncertainty for…
08:24Right.
08:25Absolutely.
08:26Overall, that is…
08:28Right.
08:29The cost factor is actually something that needs to be taken into consideration, but at least not for now.
08:35That's a good thing.
08:36Sanjay Jai, tech giants like Microsoft, Amazon, and Meta depend on Indian engineers.
08:42So, do you think that they will absorb this cost and shift jobs overseas?
08:47Is that a possibility?
08:49Thank you for having me in this panel.
08:52Yeah.
08:53So, if you think of it, H1B, how it evolved, it was to fill the skill gap when IT was evolving in the early days and that H1B was thought of because there was skill shortage here.
09:04And I think of this as like, you know, any way IT was changing its course with the Gen AI and all the AI-driven agentic framework, which is going to simplify a lot of regular conventional IT work, what we were doing.
09:20Yeah.
09:21So, what is going to happen that it was about to slow down and then this, I think, is like a reset button that we have got with H1B, this new rule that has come into being.
09:33This was going to happen anyway.
09:35It was slowing down and the IT industry as a whole is changing its course.
09:40So, what was happening here also, the skill sets which was needed is a new IT version.
09:47And that is the opportunity for any new graduates or anybody who is looking for making a career in IT is the new reality.
09:58So, having said that, there will be liking of all the big tech giants to absorb this cost because they do want, they respect this talent.
10:07And, you know, on the flip side, I think this H1B cap or H1B is going to accelerate the outsourcing because a lot of the routine works will become now good candidate for the outsourcing.
10:25Instead, there will be more to be here that you will start and that will be ready to absorb that.
10:35So, I think that this is more like an opportunity upscaling everyone and then going for the bigger wins.
10:43That's my opinion.
10:44Right.
10:45Right.
10:46Sanjaji, stay with us.
10:47Bhavijael, coming back to you, there are two aspects to it.
10:53And I would be, you know, putting two sets of questions to you in a manner that whether this $100,000 fee have a bearing in the future, especially when it comes to the financial barriers that might be erected at that time.
11:13And secondly, do you see reasons beyond just the obvious ones that whether it is about less about protecting American jobs and more about discouraging Indian talent?
11:25Is that so?
11:26To answer your first question, it could and it does set a precedent of changing things laterally, not having to go through the whole congressional process.
11:36So, there's a certain congressional process here, which has been set for so many years, centuries.
11:43And these announcements such as these, they attempt to rewrite the laws, which were otherwise created by Congress, you know, which clearly established the parameters and purpose of any visa program or any program.
11:55The employment based green cards, fees, forms, the formal process, and then amendments to them, changes to them for the purpose, etc.
12:04Then there is a notice period and then there's a period for publishing in the Federal Register and all that, getting opinions and finally making it the law.
12:11So, this has kind of bypassed them, all of these processes and taken it to the next level.
12:16But and then there will be litigation, of course, because time will only tell you this will most likely not stand in court as it is right now.
12:27So, there may be some aspects of it, which, you know, which stands, which stands scrutiny, but the whole as the whole little not because it's the process isn't being followed properly.
12:38However, however, not to discredit anybody or giving my opinion on that, but litigation is, you know, it's being prepared and it takes time.
12:48So, as we speak, class action lawsuits are actually being prepared, particularly by nonprofits, because, you know, researchers, hospitals, universities, they are big, big time employers as well.
12:58And for teachers and they file all these petitions and most, most of them cannot afford $100,000 per teacher or $100,000 per researcher or professor.
13:08So, and the all of them are included, although it does talk about the exemption under the national interest waiver category, but it's on a case by case basis.
13:18So, every time you have to apply, you have to make a whole petition, like, you know, when we file petitions, we have to make a whole case for them as to why they qualify and so forth.
13:27So, that's the answer to the first one.
13:29And I think the second question was about discouraging Indian talent and discriminatory.
13:40Discouraging talent, Indian talent, particularly.
13:43Well, H-1B is not meant for Indian people only.
13:45It is meant for people from all over the world, although Indian people do make 70% of the program.
13:52So, 70% of the H-1Bs is filled with Indian people because most of them are in the IT field, IT sector.
14:01These H-1Bs are not just for computer professionals.
14:05Indians.
14:06And not just for Indians, not just for computer professionals.
14:09It's for any specialty occupation in the science and arts and literary works, for doctors, lawyers, engineers and so forth.
14:17So, but the way it has evolved, it's filled with IT professionals and 70% is Indians.
14:24So, just to touch upon the history of this program, it was created in 1990 because there was a shortage of in this field at the time.
14:34And since then, the statutory gap, you know, it was tweaked as time is demanded.
14:40Right now, it is at 85,000, which is 65,000 regular and 20,000 U.S. Masters degrees.
14:46All right.
14:47Now, is it discriminatory against the Indian people?
14:53Mm-hmm.
14:54Because the program has so many Indian people, therefore, it becomes discriminatory against them.
15:02Yeah.
15:03Because the problem is, for example, let's talk about South Asia.
15:08The U.S. has a treaty with Pakistan, with Bangladesh about, it's called for E2 visas.
15:15E2 visas are small business investment, even employment.
15:18It's called E2 visas, but not with India.
15:21So, what happens is, the only option we are left with for Indian nationals is H1B.
15:26Mm-hmm.
15:27And L1, if you are working for a multinational company.
15:30So, therefore, a very big chunk of talent goes away.
15:34If E2 were available to India, which they were talking in the last administration, but it
15:38never happened and it was very disappointing, then it would not be as vital to Indian nationals
15:45to have this going as it is or, you know, raise the numbers.
15:49Mm-hmm.
15:50As a mother who has lived in the U.S. for more than three decades, I feel like, okay, when
15:56our children go to colleges here and they graduate, they should get a job easily.
16:00Mm-hmm.
16:01You know, why do they have to compete with people coming from India who would settle for lesser
16:06wages or, you know.
16:08Mm-hmm.
16:09Absolutely.
16:10But as an employer, as an employer, I advocate for talent and people I feel, you know, are
16:15more worthy.
16:16It doesn't matter whether they are of U.S. origin or they are of Indian.
16:20As an employer, you see, I, you know, when we interview people and we look at talent,
16:27people who have very, you can perceive with very strong work ethics and therefore it doesn't
16:33matter to you what nationality they are of.
16:36So, that's a little dilemma you face.
16:40Mm-hmm.
16:41So, that would be what I would say.
16:43Absolutely.
16:44No, definitely.
16:45I mean, I see the repercussions are definitely there and when it comes to, you know, shifting
16:49families, emotions are attached and then there is a longevity of the whole state, all of them
16:54to put together is not an easy job, you know, to be plugged with or maybe some tampered rules
17:00there.
17:01Sunil ji, very quickly, two things again.
17:04A coder sitting in Bengaluru is his American dream snipped.
17:09And secondly, as immigrants, how much of an emotional baggage it is if suddenly you have
17:15to change your plans, maybe possibly traveling to India for Diwali, but looks, hey, hey, hey,
17:20wait, wait, wait, I don't, I can't.
17:22So, how does it, how does this emotional, uh, emotive part pan out?
17:28Okay.
17:29The, your question, uh, I would say this is a million dollar question.
17:33Or should we say this is a hundred thousand dollar question?
17:34Oh yeah.
17:35Jokes apart.
17:36But it is, it is, it is, it is heartbreaking moment for many, uh, for a young coder who
17:46is sitting out of India.
17:48Uh, for all these days, their eyes were completely bright, uh, full of ambition coming to the Silicon
17:55Valley working here and getting the dream recognized.
17:59But with this, uh, visa fee right now is getting toward them to feel like it is a locked gate
18:07currently, right?
18:09Because, uh, currently, um, uh, for them, what it really means is there is a barrier to
18:16entry now here because, because most of these visas would be done other than this big time
18:23tech company which do the visa up.
18:25There are also like the smaller company startups which says for, who will actually sponsor their
18:32big junior talents to come to United States and have their sponsorship from them, which
18:39may not be possible now.
18:41We don't know as things move up, we will know if there is another way to do it.
18:45But currently it feels that it is not.
18:48Uh, this also brings into the United States, lots of, uh, job placement for the junior coders
18:54here.
18:55And it gives lots of advantage to the companies which are working here, which, which that not
19:01being there, uh, obviously the emotional fallout between these, these people who have their
19:07aspirational belief and their talent, hard work, all is currently not going to work.
19:11But as you ask the other part of the question, I wouldn't say the dream is dead.
19:16But I would say it is evolving.
19:18Because right from the time when, uh, all the US companies who are hiring the Indian talent,
19:24uh, there are lots of Indian talent who are working in India.
19:29And with the time where they are, they do get a chance to sift to Silicon Valley with their
19:34experiences.
19:35Uh, we are talking about the new borders, but that can be one of all which I can achieve.
19:42And then also understand that there is a global alternative at this point, countries like Canada,
19:48Germany, Australia, uh, I would say Morocco, Poland, Philippines, there are different countries
19:55which are stepping in and welcoming lots of talent there.
19:59So the dream may lead out, but it doesn't have to vanish currently.
20:04Okay.
20:05Uh, yeah.
20:06Yeah.
20:07And I would, for all this, if, if your new coders are listening to this, uh, this livecast
20:15or in future, if they listen, I will, I will tell them one word.
20:19The road may be shorter now, but their talent still matters.
20:24Right.
20:25Whether you get from Bangalore or from Berlin, the road can change the world.
20:31Don't let the fee define your future.
20:33Let your fire do that.
20:35Well, I would say this is the takeaway, uh, from this conversation.
20:40Thank you so much.
20:41Stay with us, uh, Sanjay.
20:42Now, very quickly, as, uh, Bhavaj also mentioned that, uh, there is an argument that H1Bs
20:49reduces the wages of the employees.
20:52Uh, and then, uh, when it comes, uh, from the employer's point of view, then they are
20:57the most sought after ones.
20:58Indians fall in, uh, the category there, 70% of them, uh, taking H1B.
21:03Is this valuation correct?
21:05Is this argument correct?
21:06That, uh, uh, the, uh, work that Indians do and what they bring to the U.S.
21:12Uh, uh, as far as tech is concerned, is that justified?
21:17First of all, and secondly, with developments like these, do you believe that, uh, there's
21:23some sort of, some sense of alienation amongst the H1B holders, not necessarily Indians?
21:29I don't think that, uh, this is the perception that H1Bs are low waged or they cut the jobs
21:36here.
21:37In fact, there is a shortage of sense.
21:39And, uh, in many areas we do have shortage in IT and they fill in the gaps.
21:45So I don't think this is like undercutting the wages.
21:48It's more filling the gaps.
21:50That's the positive side of it.
21:52However, it looks like in the entry level, like, you know, the fresh college graduates,
21:57when they come out, they feel the heat of it, but I don't think they come at a lower
22:01wages.
22:02They are very competitive.
22:04They deliver.
22:05And it's more like, you know, after some, some years, like in a working day, perform better
22:10and they are hardworking and that's why they are more needed.
22:13So it's not, uh, creating any kind of that, uh, from the employer's perspective, that kind
22:18of perception is not true.
22:19They see the value of it and they do that.
22:22If this becomes like a, something which is very repetitive or something that can be outsourced,
22:27they would rather do that out and employing somebody here on H1.
22:31One, uh, the question like, you know, that, uh, it creates some kind of discrimination
22:36or what was that your question?
22:37Second question.
22:38I'm sorry.
22:39I missed that.
22:40The second question was that, uh, whether it is, uh, actually leading to some sort of,
22:43uh, alienation amongst these, uh, H1B, uh, holders, are they feeling segregated?
22:49Are they feeling left out?
22:50They're not feeling segregated.
22:52In fact, I have seen H1B when they come on their first job and they evolve.
22:56And that is what the, this us, uh, job market is all about.
22:59The IT gives you more competition and then you evolve and then you become even more valuable,
23:04uh, whether you are going to continue here beyond H1 and apply for green card,
23:09and then you fit into the overall IT industry.
23:12As a whole, as I mentioned early, looking at my earlier question, when you asked,
23:17IT as a whole evolving.
23:18So sooner or later, everybody has to upskill or reskill themselves because the way agent
23:24tech framework is coming, a lot of these routine jobs become off past.
23:28So nevertheless, like whether you are on H1 or you are a US citizen working in IT,
23:33you have to evolve that trend in IT.
23:36And even in business process, uh, BPO is like, you know, that they are changing.
23:40So this is like an opportunity where everybody has to, uh, look back and think about it.
23:46Like, you know, how the future looks like this is an opportunity.
23:49Absolutely.
23:50And on those positive words and positive sentiments, allow me to thank all of you on this, uh,
23:56beautiful Sunday there.
23:57Thanks for taking time out for One India.
23:59In the interest of the time, we are, uh, obviously concluding the debate here, but it should continue.
24:04The thought processes should, uh, be exchanged.
24:07And this is how I believe, uh, the messaging from both the countries would also reach, uh, those who matter the most.
24:14Thank you so much Sanjay Ji, Sunil Jhaji, and Bhavya Chandri Jha for joining us here on One India.
24:20We wish you a very happy weekend, very happy Sunday.
24:23Subscribe to One India and never miss an update.
24:28Download the One India app now.
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