American dream turns more distant for Indians as US tightens immigration rules

New Delhi: Moving to the United States is becoming harder for Indian nationals looking to work or settle permanently in the country, immigration experts and lawyers said, citing two recent policy shifts.

The first is the guidance issued by the US Citizenship and Immigration Services (USCIS) on August 5 permitting immigration officers to deny an application or petition for an immigration benefit, including a Green Card, without issuing a request for evidence (RFE) or a notice of intent to deny. The second is the Department of Homeland Security (DHS) proposal to eliminate the 60-day grace period for H-1B and other high-skilled non-immigrant workers to find a new job or change immigration status after a layoff. Currently under the White House review, the rule is not yet finalised or active.

Also Read: US may end H-1B job-loss grace period for foreign workers; Indians could face impact

Immigration Breach

“H-1B visa holders could soon lose more than a job with the proposed DHS rule coming into effect, as it will bring more uncertainty around US immigration policy for Indians,” said Sukanya Raman, country head for India at immigration-focused law firm Davies & Associates. “We are already seeing queries from H-1B professionals to explore long-term options such as EB-5 for greater stability and a clearer path to permanent residency.”

According to Ankita Singh, founder of law firm Sarvaank Associates, removing this window means a single layoff turns an individual’s lawful career into an immediate immigration breach. “Stripping away this safety net doesn’t just destabilise Indian families rooted in the US; it severely undermines American corporate competitiveness by weaponising routine economic adjustments against top-tier foreign talent,” she said.

While the proposal is not yet final, it is a significant policy change that H-1B workers should watch closely, said experts.

Also Read: H-1B layoff or missing paperwork? Indians face a tougher US immigration road

“Scrapping the 60-day grace period would make job losses far more disruptive for H-1B workers,” said Keshav Singhania, head – private client, Singhania & Co. “At present, that window gives people some breathing room to find a new employer, change their visa status, or plan their next move.”

Starting this week, immigration officers have discretion to deny an application or petition without issuing a RFE or a notice of intent to deny.

“The principal change is that applicants should no longer assume that USCIS will provide a second opportunity to correct an incomplete or inadequately documented filing,” said Prachi Shah, founder and managing attorney who runs the eponymous law firm in the US.

The guidance is nationality neutral. “It does not single out Indian nationals; nevertheless, Indians are among the largest users of employment-based immigration programmes, including H-1B, L-1, EB-1, EB-2, EB-3 and EB-5,” said Shah.

Experts say immigration cases involving complex qualifications, employer structures, maintenance of lawful status, source of funds or discretionary relief may face greater risk if the initial submission is incomplete.

A denial can be particularly consequential for someone whose underlying non-immigrant status has expired while an extension or change-of-status request is pending, said Shah.

Since January 2025, the US administration has been introducing more intensive screening and enforcement across both legal and humanitarian immigration.

Applicants and petitioners should treat every RFE as a decisive opportunity, said Singhania.

Missing medical examinations, financial records, identity documents, employer evidence or other mandatory documentation could now result in an immediate denial rather than an opportunity to correct the deficiency later.

Indian nationals accounted for about 70% of approved H-1B petitions in 2024-25, according to experts.

According to Supreme Court advocate Tushar Kumar, RFEs have not been abolished. “Rather, they have ceased to be an expected procedural safeguard,” he said. “This policy, which took effect immediately upon its issuance, substantially elevates the importance of filing a legally and factually complete application.”

The categories most likely to be affected are highly skilled professionals seeking employment-based visas or permanent residence, Indian students transitioning from academic to professional status, entrepreneurs applying under specialised immigration pathways and multinational executives relocating to the US.