Hyderabad: Thousands of Indian students and IT professionals face continued uncertainty over their US immigration plans despite a federal judge striking down a controversial $100,000 H-1B visa application fee, as the ruling has been stayed pending appeal, and lawmakers push for wider reforms to the programme.Even after a US federal judge struck down the controversial $100,000 H-1B visa application fee, thousands of Indian students and IT professionals planning to move to the US this year remain in limbo. The ruling has been temporarily stayed pending appeal, meaning the fee will remain in force until a higher court decides the matter.The judge ruled that the fee amounted to an unlawful tax that only Congress has the authority to impose, but the litigation is far from over.The uncertainty comes at a time when several Republican lawmakers have introduced bills seeking sweeping changes to the H-1B programme. The newly proposed American White-Collar Worker Jobs Act seeks to replace the existing lottery system with a wage-based selection process, require employers to prioritise hiring American workers, end the Optional Practical Training (OPT) programme, and remove the H-1B visa’s role as a pathway to permanent residency.Another proposal, the End H-1B Visa Abuse Act, seeks a three-year pause on new H-1B issuances while broader reforms are considered. None of these proposals has been passed by Congress, and all remain at the legislative proposal stage.The developments have triggered concern among the Telugu diaspora, which forms a significant share of Indian H-1B workers and US-bound students.An immigration consultant based in the US said the uncertainty itself is becoming a major challenge.“The issue is no longer just about getting selected for an H-1B visa. Students and professionals are delaying decisions because they do not know what the rules will look like a few months from now. Employers may also become more cautious about hiring foreign talent until there is greater policy clarity, which we are already seeing reflected in hiring freezes,” said Ravi Lothumala, an immigration consultant from Texas.A software professional preparing to apply for an H-1B visa in the coming cycle added: “I invested years of effort and lakhs of rupees to build my career for this opportunity. Every new proposal or court case creates fresh uncertainty. I am constantly in touch with my lawyer about the next steps.”The individual, a recent Master’s graduate in Business Management currently on OPT in Georgia, requested anonymity.Immigration lawyers, however, said the chances of sweeping H-1B reform becoming law in the immediate future remain uncertain.“Introducing a bill is only the first step. These proposals still need to move through committee, survive amendments, pass both chambers of Congress, and be signed by the President. Immigration reform is highly complex, and even when there is bipartisan concern about the H-1B system, there is often disagreement on what the solution should be. These proposals are still only bills and face a long legislative process,” said Ana Gabriela Urizar, immigration attorney at Manifest Law.She also advised students and professionals from India not to panic, but to plan earlier and more strategically. “Professionals should not rely solely on the H-1B lottery. They should evaluate other options such as cap-exempt H-1B employment, O-1, L-1, EB-2 NIW, EB-1, or employer-sponsored green card strategies where appropriate.”
