H-1B visa uncertainty drives surge in O-1 and EB pathways as US immigration tightens norms
Indian tech workers are increasingly turning to visa alternatives like O-1 and EB-1 as H-1B delays, backlogs and policy changes reshape career decisions.
Indians account for over 70% of approximately 85,000 H-1B visas issued annually in America which is primarily for specialised IT and engineering roles. (AI Generated Image)
A growing trend has emerged among tech professionals and Indian founders to actively explore alternatives to the H-1B visa route amid the rising costs, strict regulations and long delays in the US immigration system.
Indians account for over 70% of approximately 85,000 H-1B visas issued annually in America, which is primarily for specialised IT and engineering roles. This includes the yearly quota of visas capped at 65,000 and a separate set of 20,000 visas set aside for those with advanced degrees.
But the recent structural changes and ongoing visa backlogs have prompted several Indian entrepreneurs and IT professionals to either return to build in India’s tech ecosystem or leverage other alternative visas like O-1, EB-1 and EB-2 NIW.
In an interview with Indianexpress.com, Frederick Ng, co-founder of Beyond Border, a Bengaluru and US-based immigration platform, said founders and startups should chart out their US mobility plan at least 10 months ahead of time. He added that processing by the US Citizenship and Immigration Services (USCIS) has climbed significantly.
Providing an example of an alternative to the H-1B visa, Frederick said the normal processing time for the O-1 visa “to just get a decision has gone up to a median of 10 months, as opposed to 4 months at the start of Trump’s 2nd administration.”
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End of H-1B Era? Why Indian founders are looking elsewhere
According to Frederick, the Trump administration needs to “relax country-specific quota – especially on priority / current date concepts for EB-1A and EB-2 NIW categories which remain highly popular.”
Indians account for over 70% of approximately 85,000 H-1B visas issued annually in America, which is primarily for specialised IT and engineering roles. (AI Generated Image)
Frederick added that the consulate wait time also acts as a hindrance after the visa gets approved. “It will take another 2-3 months, with the expectation of waiting time growing, for anyone who received an O-1 visa, for example, to get a home country US consulate stamping, given the rule,” the Beyond Border co-founder added.
Why O-1 visa is replacing H-1B for top tech talent
Some significant H-1B visa holders in the past include Sundar Pichai, Google and Alphabet’s CEO and Satya Nadella, Microsoft CEO and Chairman. A Bloomberg report, quoting LinkedIn, stated that it witnessed a 40% increase in tech professionals changing their location to India in the third quarter of 2025.
Frederick believes the O-1 to be a “better path” for “qualified individuals” in comparison to the H-1B visa as the O-1 visa continues to be up in the 90% and above approval rate.” Whereas an H-1B visa has a 25-30% approval rate, depending on the odds of winning a lottery.
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“Beyond Border data shows that our number of enquiries for H1-B alternatives grew 3x quarter over quarter in Q1 2026 so far, as we edge towards the new H1-B cycle with people looking for alternatives,” Frederick told Indianexpress.com
Indian tech professionals have dominated the H-1B visa programme for several years and hence almost three-quarters of the visa approvals are linked to Indian job seekers or entrepreneurs. But it looks like the times have changed, and a US-educated engineer returning to India doesn’t seem an improbable idea.
For example, Indian entrepreneur Kunal Bahl completed his MBA at the University of Pennsylvania’s Wharton School and followed it with an internship at Microsoft. It later led to an invitation by Microsoft Co-founder Bill Gates for a dinner and eventually to a full-time job at the tech giant, Bloomberg reported.
But reality struck in 2007 when Bahl’s H-1B visa application was rejected. Due to various restrictions and new rules introduced by the Trump administration, many Indian tech professionals are pivoting to Canada, the UK, Germany, and Singapore, where immigration pathways are welcoming in nature.
Nischai Vats is a Deputy Copy Editor at The Indian Express. His work primarily covers US politics and visa and immigration policy, alongside broader international developments, with an emphasis on accuracy, verification, and clear explainers.
Experience
Nischai joined The Indian Express in May 2024 where he works on writing, editing, and refining high-impact stories for digital platforms. His role involves ensuring editorial consistency, factual accuracy, and clarity in coverage of complex policy-driven subjects.
Earlier in his career, he worked across Indian digital newsrooms in reporting and editing roles, including stints at Inshorts, Newslaundry, Tiranga TV, and Catch News. His newsroom experience spans rapid digital publishing, ground reporting, and copy editing across national, civic, and policy beats.
Expertise
His core areas of focus include:
US politics and governance: Coverage of American political developments, executive actions, and policy shifts.
US visa and immigration policy: Reporting and editing stories on visa categories, regulatory changes, and immigration pathways affecting global audiences.
Editorial accuracy and copy editing: Ensuring clarity, language precision, and verification in fast-paced digital news environments.
Authoritativeness and trustworthiness
Nischai's journalism is grounded in verified sources, official documentation, and clear attribution, in line with The Indian Express’ editorial standards. His background across reporting and editing enables him to translate complex policy updates into reliable, reader-friendly coverage. ... Read More
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Indians account for over 70% of approximately 85,000 H-1B visas issued annually in America which is primarily for specialised IT and engineering roles. (AI Generated Image) 
