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FTA——H-1B programme overview and how India remains top beneficiary

The H-1B visa allows US employers to hire skilled foreign workers in specialised fields. The programme offers 65,000 visas each year, with an additional 20,000 reserved for individuals holding advanced degrees.

India remains the biggest beneficiary of the H-1B route, accounting for 71 per cent of all approved visas last year, followed by China with 11.7 per cent, according to official data.

What the $100,000 executive order means for sponsoring companies

In September, Donald Trump announced that the H-1B visa petition fee would be increased to $100,000. Under this executive order, companies will need to pay the new fee in addition to existing vetting charges when sponsoring a visa.

H-1B visas program is susceptible to and has experienced significant fraud and abuse. Investigations by government agencies and independent reports have revealed various schemes, particularly involving unscrupulous staffing firms that exploit the high demand and limited supply of visas.

Methods of H-1B visa fraud
Multiple registrations in the lottery: Until new rules were implemented in 2024, staffing companies created shell companies to submit multiple entries for the same individual, artificially boosting their chances of being selected. In 2023, approximately one in six visas awarded were obtained by this method. The new rules changed the lottery selection to a “per-beneficiary” process to prevent this.

Fake job offers: Some companies submit petitions for non-existent jobs to secure visas. They may even pay other companies to pretend they are hiring the foreign workers. This allows them to “bench” the visa holders and later place them with real employers for a fee.

Fabricated documents: Individuals or companies may submit fraudulent educational degrees, experience letters, or fake employment contracts to meet visa requirements.

Lying about job details: Fraudulent petitions can misrepresent key information about the position, including the job duties, salary, or work location.

Underpaying workers: While not always outright fraud, employers sometimes fail to pay the wage certified on the visa application. They may also illegally deduct attorney fees or other costs from the worker’s pay.

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