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Business Standard
7 days ago
- Business
- Business Standard
H-1B visa can be self-sponsored by startup founders in India: How it works
Good news! Indian startup founders now have a new route into the United States, thanks to a shift in immigration policy that allows them to self-sponsor H-1B work visas. The change, introduced through updated guidance by the US Department of Homeland Security (DHS) in 2024 and rolled out in early 2025, allows entrepreneurs who own at least 50 per cent of a US-based company to act as both employer and visa beneficiary, so long as they meet specific criteria. 'If more entrepreneurs are able to obtain H-1B status to develop their business enterprise, the US could benefit from the creation of jobs, new industries, and new opportunities,' the DHS said in its policy memo. Varun Singh, managing director at XIPHIAS Immigration, told Business Standard the shift could open the door for more Indian innovators. 'This change is promising for the growing number of Indian startups and innovators looking to access the US market,' he said. How the process works Under the new rules, a founder can apply for an H-1B visa through their own company if they meet the basic requirements. Singh said, 'For example, an Indian entrepreneur who starts a tech startup in the US can now apply for an H-1B visa through their own company, provided they meet the usual qualifications such as the need for specialised skills.' Here's what a startup founder must do: Register a legitimate US company The business must be incorporated in the US and able to act as a real employer. The founder's role must qualify as a 'specialty occupation', which generally means a role requiring a bachelor's degree or higher. Create a real employer-employee relationship Even if the founder owns the company, they must show that a board of directors or similar entity has the power to supervise or fire them. This ensures the company—not the individual—controls the employment. Enter the H-1B lottery (unless exempt) Most applicants must go through the annual H-1B lottery, which currently allows for 85,000 visas per year. Some research or nonprofit organisations may be exempt from this cap. Show proof of wage and funding Founders must be paid the prevailing wage as per US labour rules and must show that the company can afford to pay that salary. Submit Form I-129 with supporting documents The visa petition must include evidence of the founder's role, the company's viability, and the employer–employee relationship. If approved, the H-1B is initially granted for three years and can be extended up to six. Further extensions are possible if the founder is pursuing permanent residency. Why this matters for Indian founders Until now, startup founders often had to work for someone else to qualify for an H-1B visa. Even well-known entrepreneurs like Elon Musk needed employer sponsorship early in their careers. Starting a company while on an H-1B was complicated, as the visa did not allow self-sponsorship. For many Indian applicants, the wait for a green card can run into decades, making it harder to break out and launch new ventures. This change offers more flexibility. The DHS memo, issued in 2024 and now in effect, said the update could lead to more job creation and innovation in the US. The change has been welcomed by legal experts and immigration professionals, who see it as a long-overdue recognition of entrepreneurs' role in the US economy.
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Business Standard
30-06-2025
- Business
- Business Standard
Missed H-1B lottery? O-1 visa could now be your best US work option
Indian professionals who didn't get picked in the H-1B lottery still have a way forward—through the O-1 visa. It's not for everyone, but for those who qualify, it offers a clear, uncapped route to work in the United States. 'This visa is for individuals with extraordinary ability,' said Varun Singh, managing director at XIPHIAS Immigration. 'It includes professionals from science, education, business, athletics and the arts.' Who qualifies Applicants need to show sustained national or international acclaim in their field. That could mean: Scientists with patents or landmark research Business leaders with substantial industry contributions To qualify, you'll need to provide strong evidence—awards, media coverage, original work, or membership in elite professional associations. The visa is backed by documentation, not chance. According to US Citizenship and Immigration Services (USCIS), there's no lottery, and no annual cap. However, applicants must have a US sponsor or agent to file the petition—self-petitioning is not allowed. Types of O visas The O category is divided into: O-1A: For science, education, business, or athletics (excluding the arts and entertainment) O-1B: For those in the arts, film, or television industry O-2: For support staff accompanying an O-1 visa holder O-3: For spouses and children of O-1 and O-2 visa holders Does the O-1 visa lead to a green card? Not directly. But it's a dual intent visa, which means holders can apply for a green card while on O-1 status through employment-based immigration or other eligible routes. How to apply for an O-1 visa from India 1. Find a US sponsor or agent A US employer, agent or organisation must file on your behalf. If you're working across projects—common in the arts—a US-based agent can submit the petition. 2. Gather documentation You'll need proof of your extraordinary ability. This can include: Major national or international awards Published work or press coverage Exclusive membership in professional bodies High remuneration compared to peers Original contributions (like patents or innovations) Participation on judging panels Commercial success (such as box office revenue or citations) Those applying under O-1B (arts) need to show a high level of distinction but may need fewer types of documentation than those in science or business. 3. File Form I-129 with USCIS Your US sponsor must submit Form I-129 to the US Citizenship and Immigration Services (USCIS), including: — A consultation letter from a peer group or labour union (mandatory for O-1B) — Work itinerary — Signed contract with the employer Processing time: Regular: 2–3 months Premium: 15 days (fee: $2,805) 4. Wait for USCIS decision If approved, you'll receive a Form I-797 Notice of Approval. This confirms petition approval, but is not a visa. 5. Apply for the visa at a US consulate in India Next, complete the DS-160 form online and pay the visa fee of \$190. Schedule an interview at a US consulate—options include Delhi, Mumbai, Hyderabad, Chennai and Kolkata. Carry: Your passport DS-160 confirmation Form I-797 Form I-129 and supporting documents 6. Enter the US Once approved, you can travel up to 10 days before your job starts. O-1 visas are typically valid for up to 3 years and can be extended in one-year increments. Key points — Spouses and children under 21 can apply for O-3 visas (but cannot work) — There's no cap on the number of O-1 visas issued each year — Status changes from another visa type (e.g. H-1B to O-1) are allowed For many highly skilled individuals, the O-1 visa can be an open door—provided they have the recognition and records to prove it.
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Business Standard
26-06-2025
- Business
- Business Standard
Indian F-1 visa applicants: Reveal all social media usernames from 5 years
Indian students applying for a US student visa will now face stricter screening requirements, with consular staff warning of possible denials if social media details are left out of the visa form. The US embassy in India posted on X on Thursday, 'Visa applicants are required to list all social media usernames or handles of every platform they have used from the last 5 years on the DS-160 visa application form. Applicants certify that the information in their visa application is true and correct before they sign and submit.' In the same thread, the embassy cautioned that, 'Omitting social media information could lead to visa denial and ineligibility for future visas.' Privacy settings must be public Earlier this week, on June 23, the embassy issued another notice specifically for student and exchange visa categories. 'Effective immediately, all individuals applying for an F, M, or J nonimmigrant visa are requested to adjust the privacy settings on all of their social media accounts to public to facilitate vetting necessary to establish their identity and admissibility to the United States under US law,' it said in a post. This advisory follows the resumption of F-1 student visa processing in India after a brief suspension earlier this month. The restart comes with more intensive background checks, including a closer look at online presence. DS-160 form must now be submitted before booking slots In another procedural change, applicants now have to complete and submit the DS-160 form before scheduling an appointment. Previously, it was possible to book an interview slot and then finish the form later. That has now been reversed. 'The recent updates to the US visa application process, particularly concerning the DS-160 form and appointment scheduling, are designed to enhance the overall efficiency and security of the system,' said Varun Singh, managing director at XIPHIAS Immigration, speaking to Business Standard. 'By requiring applicants to complete the DS-160 form prior to scheduling an appointment, the US Department of State ensures that consular officers have access to accurate and complete information ahead of interviews.' DS-160 barcode number must match appointment Applicants also need to double-check that the barcode number on the DS-160 confirmation page matches the number used to book the appointment. If there's a mismatch, they'll be turned away from the interview and must reschedule using the correct form. This correction cannot be made by consular staff. 'It's important for applicants to ensure that the DS-160 confirmation number matches the one used to schedule their appointment,' said Singh. 'If discrepancies are found, applicants will need to reschedule their appointments using the correct DS-160 barcode number, as consular sections cannot modify or update these numbers on behalf of applicants.' What's changed for Indian F-1 visa applicants • Must list all social media usernames from past 5 years on DS-160 • F, M, J visa applicants asked to keep profiles public for vetting • DS-160 must be submitted before scheduling appointment • Barcode on form must match booking or interview will be cancelled • Applicants must reschedule if details don't match; embassy can't fix it Why the changes matter • Cuts down on fake or duplicate bookings by requiring completed forms first • Allows consular officers to review full data ahead of interview • Reduces last-minute mistakes in application details • Aims to prioritise serious and eligible applicants for limited interview slots
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Business Standard
21-05-2025
- Business
- Business Standard
H-1B visa applications for 2026 drop 25%, hit 4-year low under Trump
The number of H-1B visa applications for the financial year 2026 has fallen to its lowest in four years, according to data from the United States Citizenship and Immigration Services (USCIS). Only 358,737 applications were received this year — a sharp drop from over 480,000 in FY2025 and the lowest since FY2022, which recorded 308,613 applications. Out of these, 120,141 registrations were selected to move forward in the process. The H-1B visa programme, used heavily by Indian IT professionals and US tech firms, grants 85,000 visas annually, including a 20,000 carve-out for those with US master's degrees. According to USCIS, this year's numbers reflect both a fall in total submissions and a marked reduction in multiple registrations per applicant. Eligible registrations fell from 470,342 in FY2025 to 343,981 this year Unique beneficiaries dropped from 442,000 to 339,000 Average registrations per applicant dropped to 1.01 from 1.06 Only 7,828 applications were filed on behalf of beneficiaries with multiple registrations — down from 47,314 last year The number of participating employers, however, remained relatively stable at 57,600. The drop coincides with recent changes to the H-1B registration system. For FY2026, USCIS implemented a beneficiary-centric approach, meaning each candidate could only be counted once in the selection lottery, regardless of how many employers filed for them. 'The decline in H-1B visa registrations this year doesn't necessarily reflect a lack of appetite — it's more about a correction in the system,' said Varun Singh, managing director of XIPHIAS Immigration. 'Last year, the unusually high number of registrations raised concerns about misuse — with multiple applications being filed for the same candidate to game the lottery.' He added that the new process offers 'a more accurate picture of genuine demand.' Visa reforms and tech layoffs The downturn in numbers comes amid a stricter immigration environment in the US. A mix of policies under the Trump administration — including the reintroduction of the 'Catch-and-Revoke' rule, which cancels visas of individuals found violating US law even once — and an increase in visa-related fees has made the process more complex and expensive. In January, the H-1B registration fee was raised from $10 to $215. 'This fee hike is not a small jump, especially for startups and smaller firms,' said Mamta Shekhawat, founder of 'Many are now more selective, only filing for niche or project-critical roles.' The broader employment situation in tech has also affected numbers. Between 2024 and 2025, over 260,000 tech jobs were cut globally. As of May 2025, more than 52,000 workers had already been affected across 123 companies. According to a Bloomberg report, in April alone, 19 companies laid off 23,468 employees — a steep rise from March, when 8,834 professionals across 21 firms lost their jobs. The most cuts came from Intel, which announced plans to reduce about 20 per cent of its workforce. Meta also let go of nearly 100 employees, while Google laid off hundreds from its platforms and devices unit around mid-April. Indian tech companies were not spared. Gupshup, which works in conversational AI, laid off around 200 employees, and Cars24 also announced job cuts. The total number of H-1B registrations had soared in FY2024 to nearly 781,000 before USCIS began tightening controls. The fall in applications since then has been steady: FY2024: 780,884 registrations FY2025: 479,953 FY2026: 358,737 But the demand still far exceeds supply. For FY2026, more than 343,000 eligible registrations were filed for just 85,000 available visas. 'The US is still a top destination for Indian talent,' Singh said. 'What's changing is the intent to bring more transparency and fairness into the H-1B process — which in the long term, actually helps both employers and employees.' Key figures from FY2026 H-1B cap season Total registrations: 358,737 Eligible registrations: 343,981 Selected registrations: 120,141 Unique beneficiaries: 339,000 Unique employers: 57,600 Registrations per beneficiary: 1.01 Multiple registrations: 7,828 The registration period for FY2026 was open from March 7 to 24. Selected applicants can now submit full petitions for visa approval.
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Business Standard
16-05-2025
- Business
- Business Standard
H-1B visa demand remains strong in FY2026 despite tighter US scrutiny
Is there a lack of appetite for US jobs? The data suggests otherwise. The latest figures from the US Citizenship and Immigration Services (USCIS) reveal that 343,981 eligible registrations were received for the financial year 2026, far exceeding the annual cap of 85,000 visas, which includes a separate quota of 20,000 for those with a US master's degree. Only 7,828 of these were for individuals with multiple registrations, a sharp drop from the previous year. The dip in overall registrations doesn't mean a dip in demand. 'The decline in H-1B visa registrations this year doesn't necessarily reflect a lack of appetite — it's more about a correction in the system,' Varun Singh, managing director of XIPHIAS Immigration told Business Standard. 'Last year, the unusually high number of registrations raised concerns about misuse — with multiple applications being filed for the same candidate to game the lottery. USCIS's new, stricter rules around beneficiary-centric registration have effectively curbed that loophole. What we're seeing now is a more accurate picture of genuine demand.' He added that demand for global tech talent in the US remains strong, particularly in areas such as artificial intelligence, cybersecurity, and cloud engineering. 'The US is still a top destination for Indian talent. What's changing is the intent to bring more transparency and fairness into the H-1B process — which in the long term, actually helps both employers and employees.' Key numbers from fiscal 2026 * 343,981 eligible registrations received * 7,828 for individuals with multiple registrations * 85,000 H-1B visas available (including 20,000 for US master's holders) * 120,141 registrations selected to meet the cap * Registration period: March 7 to March 24, 2025 The USCIS said the updated selection system is part of efforts to prevent misuse. 'We implemented the beneficiary-centric selection process under the final rule 'Improving the H-1B Registration Selection Process and Program Integrity',' the agency said in a statement. Historical H-1B registration volumes FY2021: 274,237 FY2022: 308,613 FY2023: 483,927 FY2024: 780,884 FY2025: 479,953 FY2026: 358,737 The average number of registrations per beneficiary in FY2026 was just 1.01, compared to 1.06 last year — indicating fewer attempts at duplicate filings. Reining in abuse of the system Registrations found to include false details, incorrect travel document data, or filed through collusion can be invalidated. The agency said it may deny or revoke such petitions and refer cases to law enforcement. 'Based on evidence from the FY2023 and FY2024 H-1B cap seasons, we have undertaken extensive fraud investigations, denied and revoked petitions accordingly, and continue to make law enforcement referrals,' USCIS said. It added that it will examine FY2025 and FY2026 data to detect any further misuse. Indian applicants continue to dominate Indian nationals continue to account for the largest share of H-1B recipients. In FY2023, they received 68,825 initial H-1B visas — around 58 per cent of the total — and over 2.1 lakh visa extensions. Applicants from China were the next largest group, receiving 16,094 initial visas and 29,250 extensions. Country-wise data for FY2024 and FY2025 is yet to be released. However, Indian nationals typically make up around 60 per cent of new H-1B visa registrations.
