H-1B Visas Under Scrutiny: Immigration Officials Tighten Oversight

H-1B Visas Under Scrutiny: Immigration Officials Tighten Oversight

The H-1B visa, a critical pathway for skilled workers driving innovation in America’s tech, finance, and academic sectors, is under intense scrutiny as U.S. immigration authorities tighten oversight. Recent actions by the U.S. Citizenship and Immigration Services (USCIS) have rattled the roughly 65,000 professionals who receive these visas annually, many from India. With demands for home addresses, biometrics, and proof of legal status, workers and employers are navigating a maze of uncertainty. Here’s what’s happening, why it’s stirring concern, and how it’s affecting lives.

Unprecedented Demands Shake Up the Process

USCIS has begun issuing Requests for Evidence (RFEs) for H-1B and other employment-based visa petitions, seeking unusual details like residential addresses and biometric data—requirements not typically part of the process. According to reports from April 21, these RFEs often cite “adverse information” without explaining what it is, leaving applicants in the dark. Immigration attorneys are alarmed, noting this is a departure from past practices. “It’s like being accused without knowing the charge,” one lawyer told me, summarizing the frustration.

The lack of transparency has sparked fears that these requests could be a prelude to broader enforcement actions.

The H-1B program, which lets companies like major tech firms hire foreign talent for up to six years, is already rigorous. In 2025, one Seattle-based retailer topped the list with over 9,000 approvals, followed by IT consultancies and search engine giants. But new rules, effective April 11 under an executive order titled “Protecting the American People Against Invasion,” now require all immigrants, including H-1B holders, to carry proof of legal status at all times. Non-compliance could lead to penalties, even for those legally employed. A software engineer I know keeps her visa documents in her purse now, saying, “It’s stressful, but I can’t risk a mistake.”

Tech Industry Braces for Impact

Major employers are sounding alarms. Tech giants have advised H-1B staff to avoid international travel due to fears of re-entry issues, as reported on April 3. “My company told us to stay put,” a Bay Area coder shared, scrapping plans to visit family abroad.

The closure of the USCIS Ombudsman’s office, which once aided 30,000 immigrants yearly with visa delays, has left workers with fewer resources. An HR manager at a startup told me her firm is now shelling out thousands for legal help to keep up with the changes. “We’re just trying to keep our team intact,” she said.

The push comes amid a broader immigration crackdown. The administration, while publicly supporting H-1B visas, has introduced policies that clash with that stance. One adviser champions restrictions, while a prominent tech CEO defends the program’s role in innovation.

Reports from April 21 note USCIS is revising H-1B eligibility, degree requirements, and the lottery system, adding complexity. A comment from a high-ranking official—that green cards don’t guarantee permanent stays—has further unsettled Indian workers, who face green card backlogs stretching decades.

Behind the Crackdown

The scrutiny ties to a 1940 law now being strictly enforced, requiring immigrants to register with the government. H-1B holders and their families are caught up, with children over 14 facing new fingerprinting mandates within 30 days, per an April 21 report. Indian immigrants, who made up 73% of 2024 H-1B approvals and number 5.4 million in the U.S., are hit hardest. California, home to nearly 79,000 H-1B workers last year, is ground zero. A data analyst I met worries about his daughter’s upcoming registration. “It’s another layer of stress,” he said.

Scams are adding to the chaos. Fraudulent calls mimicking embassy numbers demand payments to “resolve” visa issues, warns an immigration expert. A colleague got one last month and nearly fell for it. “They sounded so official,” she said, shaken.

Lawyers urge quick, detailed RFE responses but advise against sending redundant data, citing regulations that require USCIS to disclose derogatory information.

What’s at Stake?

The H-1B program’s future is murky. Denials and delays are climbing, and the May 2025 Visa Bulletin offers no relief for green card seekers, especially Indians facing retrogression. Tech leaders warn that curbing skilled immigration could weaken U.S. innovation, particularly in AI, where global competition is fierce. A startup recruiter I know is eyeing Canada as a fallback. “If we can’t hire here, we’ll go elsewhere,” she said.

For workers, it’s personal. The engineer I spoke with loves her job but feels trapped. “I want to build a life here, but it’s like walking on eggshells.”

As the crackdown deepens, H-1B holders and their employers are left grappling with uncertainty, hoping for a system that values their contributions.