A sweeping new H-1B Bill has raised alarm. What does it mean for Indian students and working professionals?

The proposal, titled the End H-1B Visa Abuse Act of 2026, calls for a three-year pause on new H-1B visas, a sharp reduction in annual caps to 25,000, a $200,000 salary threshold, an end to OPT, and even a ban on transitioning to green cards. Immigration lawyers say that in its current form, it would amount to a near-total reset of the skilled migration system.

Many immigration Bills, in the past, have focused on one or two elements — caps, wages, or employer conditions. What distinguishes this proposal is that it attempts to reshape the entire system at once.

Rajiv Khanna, an attorney based in Washington DC, argued that taken together, these measures would “effectively dismantle the skilled worker pipeline” that the US economy has relied on for three decades.

A Dallas-based attorney added on the condition of anonymity that the current H-1B framework is rooted in a 1990 law and that much of today’s debate on immigration and visas stems from the perception that the system has not kept pace with changes in technology, labour markets, and global mobility. In that sense, the Bill also reflects a growing demand for structural reform.

Crane’s Bill is distinct in its hybrid approach. Unlike proposals that seek immediate elimination, this Bill introduces a temporary pause followed by a redesigned system. At the same time, it goes further than most others by simultaneously targeting OPT, green cards, and dependents.

Khanna interpreted this as a negotiating strategy. By proposing the most restrictive version possible, lawmakers effectively shift the centre of the debate, making more moderate restrictions appear reasonable in comparison.

How concerned should Indian students and H-1B workers be about this Bill?

It is important to separate political signalling from legislative reality.

Rahul Reddy, a Houston-based immigration attorney, told The Indian Express that such proposals are often introduced in the House of Representatives “to appease their particular constituency,” rather than because legislators expect them to pass. He points out a crucial procedural hurdle: most immigration legislation requires 60 votes in the Senate, the other body comprising the US legislature, and the threshold is currently out of reach.

The Dallas-based attorney situated the Bill within a broader trend. He noted that multiple proposals have emerged in recent months for restricting or reshaping H-1B. Their significance, he explained, had less to do with specific policies and more about what they represented politically: “a lot of the politicians… want to kind of bring some changes to the program.”

For instance, the EXILE Act introduced by Congressman Greg Steube in February called for eliminating H-1B altogether, citing the need to protect the interests of American workers.

Can the US legally pause H-1B visas for three years? What would happen to Indians already in the system?

On paper, the answer is straightforward: yes, Congress has the authority to do so. Reddy noted that if Congress decides to freeze a visa category, the administration must implement it. He pointed to existing restrictions affecting certain countries as evidence.

But the practical consequences are far more complex. “If they put a freeze,” he said, “H-1B holders will have to leave the country or move to another visa status.” For many, that could mean shifting to a student visa or exiting the US altogether.

The Dallas-based attorney cautioned against taking the Bill at face value as it stands today, noting that even if it were passed, the final version could be different because it must account for economic impact, labour needs, and political consensus.

Khanna highlighted the most vulnerable group: Indians stuck in employment-based green card backlogs, some waiting 10 to 20 years. For them, provisions blocking adjustment of status would mean losing a benefit they have been lawfully accruing over decades, which could raise serious constitutional concerns.

What would ending OPT and blocking green cards mean for Indian students?

For Indian students, this is the most consequential aspect of the Bill. OPT currently functions as a bridge between education and employment, allowing graduates to gain work experience while attempting to secure an H-1B visa.

Reddy said it would “affect Indians very badly,” while Khanna argued that without OPT and a permanent residency pathway, the US would effectively be asking students to invest in an education system that offers no long-term opportunity to stay.

The logical response, he suggests, would be to look elsewhere, to countries like Canada, the UK, Australia, or Germany, which are actively competing for the same talent. For Indian families weighing the high cost of US education, this fundamentally alters the calculation. The question is no longer just about admission, but what comes after graduation.

How would the salary rule and wage-based system affect Indian professionals?

The Bill proposes replacing the lottery with a wage-based system and setting a minimum salary of $200,000.

At first glance, this appears to prioritise highly skilled workers. In practice, lawyers said, it introduces significant distortions. The Dallas-based attorney noted that wage levels are already under review, and such a high threshold would exclude large segments of the workforce, including academia, mid-level professionals, and many healthcare roles.

Khanna argued that the system would not select the most skilled candidates, but rather those backed by the wealthiest employers. A startup offering $130,000 to a highly capable engineer would lose out to a large financial firm offering $300,000, regardless of broader economic need.

For Indian professionals, especially early- and mid-career workers, this would significantly narrow access to the US labour market, not because of a lack of talent, but the salary structures that do not reflect all sectors equally.

Would this Bill actually protect American jobs or push them out of the US?

Khanna rejects the Bill’s central premise, that companies are bypassing a surplus of qualified American workers, stating that companies face genuine skill shortages and will respond pragmatically. “If they cannot hire talent in the US, they will move work to where the talent is, whether in Bangalore, Toronto, London, or Singapore,” Khanna said.

The Dallas-based attorney linked this shift to broader economic anxiety. “With the rise of artificial intelligence and recent job losses, there is a growing perception that H-1B contributes to unemployment, even if the causal link is not clear,” he added.

Under the second Trump administration, Indian workers and the H-1B have come under greater scrutiny, in line with the government’s broader crackdown on immigration, often framed in a racist manner. Case in point, Trump on Thursday shared a video of an activist who equated India and China as examples of “hellhole on the planet”, as he went on to advocate for an end to birthright citizenship. The Indian Ministry of External Affairs described the comments as “obviously uninformed, inappropriate and in poor taste.”

Trump supporters and H-1B critics have cited not only US workers, but also reports of visa fraud and foreign workers being underpaid.

Can such a Bill be challenged in court if passed?

Reddy explained that “If a law is passed through Congress, courts are unlikely to intervene unless there is a clear constitutional issue. Administrative actions can be challenged; legislation is far harder to overturn.”

Khanna, however, identified potential vulnerabilities “Provisions that retroactively affect individuals, particularly those waiting in green card queues, could raise due process concerns. Restrictions on dependents could also invite scrutiny under equal protection principles,” he said.

“If passed in its current form, the Bill would likely face immediate and sustained litigation”, Khanna added.

If H-1B and OPT pathways shrink, what realistic options remain for Indians?

According to the lawyers, the options would be limited and uneven.

Reddy pointed to the O-1 visa, but emphasised that it is reserved for individuals with extraordinary ability, making it inaccessible for most applicants. The O-1 visa is meant only for individuals with extraordinary ability, such as those with significant awards, publications, or industry recognition, making it an option for a very small, highly accomplished pool rather than a practical pathway for most students or H-1B applicants.

Another possibility is to return to a student visa and reattempt entry later. But even that pathway becomes uncertain if OPT is eliminated. His broader advice is that if restrictions of this scale were implemented, “90% of people will not be eligible”, and it may be more practical to consider opportunities in other countries.

Khanna echoed his views and said that “The global competition for talent is intensifying and countries outside the US are positioning themselves as alternatives.”