H-1B visas may look ‘very different’ in a year: What it could mean for Indians in US

US Labor Department Inspector General Anthony D’Esposito says the H-1B-linked foreign-labour system could change significantly within a year as investigators pursue alleged fraud, exploitation and potential human trafficking.

The US H-1B visa programme could undergo significant changes over the next year as federal investigators intensify a nationwide crackdown on alleged fraud, worker exploitation and potential human trafficking linked to the foreign-labour system.

'Foreign labour visa program will look very different': US Labour Inspector General

US Department of Labour Inspector General Anthony D’Esposito has warned that the programme could look “very different” 365 days from now, signalling that the administration’s scrutiny may go beyond individual cases and lead to broader changes in how the system operates.

“I think that the foreign labor visa program is going to look very different 365 days from now than it does today,” D’Esposito said in an interview posted by Benny Johnson on X.

He added that investigators were “building a case” and said the focus from the White House and the administration was intended to lay out what he described as evidence of abuse of the foreign-labour system.

The comments come as the Department of Labour’s Office of Inspector General has stepped up investigations into alleged H-1B fraud. In July, the OIG said it had launched a major investigation into alleged fraud and human trafficking involving H-1B and PERM programmes.

In August, investigators carried out field checks in Dallas at locations connected to companies that had received hundreds of approved H-1B petitions, including one building associated with more than 500 applications.

What it means for Indians living in the US?

For Indian professionals already living and working in the US, the remarks do not mean that existing H-1B visas are being cancelled or that all Indian workers face removal. D’Esposito has not outlined a specific new rule that would apply to Indian nationals.

However, the uncertainty matters because Indians form the largest group of H-1B beneficiaries. According to the latest USCIS annual report, Indian nationals accounted for 283,397, or 71 per cent, of the 399,395 approved H-1B beneficiaries in fiscal year 2024.

The administration has already introduced significant restrictions. A September 2026 presidential proclamation requires a $100,000 payment for covered new H-1B petitions involving workers outside the US, subject to specified exceptions, and extends the restriction for 12 months.

The White House has also ordered greater scrutiny of the programme, arguing that certain employers and outsourcing firms have abused H-1B hiring practices. These are administration claims about the programme and its effects, rather than a finding that H-1B workers generally have violated immigration rules.

For Indians, the potential impact will therefore depend on what changes emerge from the ongoing investigations and any subsequent regulatory or executive action. Existing visa holders, people seeking extensions or transfers, and applicants waiting to enter the US could face different consequences.

For now, D’Esposito’s “365 days” warning points to a possible overhaul, not a confirmed end to the H-1B programme. The details of any changes remain to be announced.

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