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Business Standard
21-07-2025
- Business
- Business Standard
H-1B visa 2026 cap reached; Entries decline 27% under new USCIS rules
The US Citizenship and Immigration Services (USCIS) has officially closed the H-1B visa lottery for fiscal year 2026, saying it has received enough petitions to fill both the 65,000 regular cap and the additional 20,000 visas reserved for candidates with US master's degrees. The announcement, made on Friday, confirms that the selection process for the annual H-1B lottery is complete. This visa category allows US employers to hire foreign professionals in specialised roles requiring at least a bachelor's degree or equivalent, and it remains a popular route for Indian tech workers. In its latest statement, USCIS said it would continue to accept petitions that are exempt from the cap. 'Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap,' the agency said. What this means for employers Now that the cap has been reached, no new H-1B cap-subject petitions will be accepted for FY2026. However, employers may still file petitions for the following: Extensions for current H-1B workers Changes to employment terms Employer transfers Concurrent employment requests These provisions remain open for individuals who have already been counted against a previous year's cap. Fewer registrations, tighter system This year saw a drop in H-1B registrations, following changes introduced by USCIS to restrict duplicate filings. For FY2026, the agency said it received 343,981 eligible registrations, down from 470,342 in FY2025 — a 26.9 per cent decline. In contrast, FY2024 had seen a peak of over 780,000. Of the 2026 pool, 7,828 were beneficiaries with multiple eligible registrations. But only 120,141 were selected. 'Overall, we saw an average of 1.01 registrations per beneficiary this year for FY 2026, compared to 1.06 for FY 2025,' USCIS said. 'This means that, on average, each beneficiary only had approximately one registration submitted on their behalf.' The number of employers remained stable at around 57,600. One candidate, one chance The drop in filings comes after USCIS introduced a new beneficiary-centric selection process for FY2026. Under the revised system, each candidate could only be considered once in the lottery, even if multiple employers submitted registrations 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,' 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.' He said the updated system now offers 'a more accurate picture of genuine demand.' Costlier and tougher for firms The new lottery process is not the only factor affecting applications. Rising costs and a stricter immigration environment have also contributed to the fall in numbers. In January, USCIS increased the H-1B registration fee from $10 to $215. 'This fee hike is not a small jump, especially for startups and smaller firms,' Mamta Shekhawat, founder of told Business Standard. 'Many are now more selective, only filing for niche or project-critical roles.' Policy changes such as the revival of the Catch-and-Revoke rule, which voids visas of individuals found to have violated US law even once, have added to employer caution. Tech layoffs add pressure Layoffs across the tech sector have also affected H-1B filings. Between 2024 and 2025, over 260,000 tech jobs were cut globally. As of May 2025, more than 52,000 workers had been impacted across 123 companies. According to Bloomberg, April alone saw 23,468 employees laid off by 19 companies — up sharply from 8,834 layoffs in March. Intel said it would cut 20 per cent of its workforce, while Meta let go of nearly 100 employees. Google laid off hundreds in its platforms and devices division. Indian tech firms were affected too, with Gupshup laying off 200 staff and Cars24 also announcing job cuts. Despite the drop in registrations, demand continues to exceed availability. For FY2026, more than 343,000 eligible registrations were filed for only 85,000 slots. 'The US is still a top destination for Indian talent,' said Singh. '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.'
Mint
18-07-2025
- Business
- Mint
Can Indian freelancers and tech founders avoid paying the income tax by shifting base to Dubai?
Over the past few years, a quiet but transformative shift has been unfolding in the Indian startup and freelancing ecosystem. From digital marketing agency owners in Delhi and SaaS founders in Bengaluru to YouTubers in Pune, a growing number of location-agnostic entrepreneurs from India are packing their bags and going abroad, not only for lifestyle upgrades but also to restructure their income streams offshore. And one destination stands out above the rest: the United Arab Emirates, particularly Dubai. Tax optimisation is a key financial incentive at the center of all of these changes. Indian tax authorities can tax up to 30 per cent of your international income, which often diminishes the overall earnings for entrepreneurs and independent contractors whose primary income depends greatly on customers and users outside of India. The UAE, on the other hand, is one of the most attractive countries, especially for professionals who favour digital technology and for other rich people due to its 0 per cent income tax on both personal income and capital gains. 'There's a clear shift in the behaviour as more Indian freelancers, tech founders, and agency owners are choosing UAE residency not just for its lifestyle, but as a smart financial strategy. With India's 30% tax on global income, setting up a compliant offshore structure in a 0% tax regime like Dubai is fast becoming the norm for digital-first entrepreneurs who earn globally and want to scale sustainably,' says Varun Singh, MD, XIPHIAS Immigration. He added, 'As of 2025, approximately 4 million Indians reside in the UAE, with around 2 million in Dubai alone. However, specific figures on how many of those are freelancers or independent workers aren't available.' Global client base, local tax burden: For a significant number of Indian tech entrepreneurs and freelancers, a large part of their income will come from clients in Southeast Asia, Europe, or the United States. The individual will still need to pay taxes on worldwide income, even if it is coming from an offshore source if they remain a tax resident in India, which is to spend 182 days or more in India in a fiscal year. Digital work is borderless: Cloud-based and remote-first modes of production are the model for careers like software development, digital marketing, content creation, and SaaS companies, which makes it very easy for entrepreneurs to forego their physical presence in India and relocate to a low-tax jurisdiction such as the United Arab Emirates, while still operating a business. Ease of business and residency in UAE: The UAE provides a Golden Visa, freelance permits, and free zone company formations with 100% ownership and seamless banking solutions that enable you to live and work there, and it easily supports this new up and coming era of entrepreneurs with an ever-expanding group of Indian expats, legal advisers, and entrepreneurial networks. Experts are cautioning that simply launching a business in Dubai or obtaining UAE residency will not save you from tax laws back home in India. Such arrangements are always monitored by the Income Tax (I-T) Department, especially in light of regulations such as the Significant Economic Presence (SEP), GAAR (General Anti-Avoidance Rule), and Place of Effective Management (POEM). 'Merely relocating or setting up entities in the UAE, without genuinely shifting control and residential status outside India, may still trigger Indian tax liabilities under provisions like Place of Effective Management (POEM) and others. To truly optimise tax exposure, individuals must ensure actual relocation, robust documentation, and full compliance with both Indian and UAE tax regulations. When backed by real substance and strategic planning, such a move can lawfully reduce taxes and open doors to global business opportunities,' says Avnish Arora, Executive Director, Direct Tax, Forvis Mazars in India. If you're an Indian entrepreneur considering relocating to the UAE for tax purposes, here's what you need to know: Tax residency status : To avoid being classified as an Indian tax resident, you would need to be in India for less than 182 days in a given fiscal year. : To avoid being classified as an Indian tax resident, you would need to be in India for less than 182 days in a given fiscal year. Substance over structure : The offshore entity needs to have real commercial activity in the UAE. This includes operational control from the UAE, employees or contractors working there in the UAE, and physical office presence (even co-working). : The offshore entity needs to have real commercial activity in the UAE. This includes operational control from the UAE, employees or contractors working there in the UAE, and physical office presence (even co-working). POEM compliance : Ensure that significant board meetings, financial control, and management decision points are made outside of India. : Ensure that significant board meetings, financial control, and management decision points are made outside of India. Banking & invoicing : Maintain appropriate segregation of your Indian financial and UAE financial channels. Your customers should pay into UAE business business accounts any money owed. : Maintain appropriate segregation of your Indian financial and UAE financial channels. Your customers should pay into UAE business business accounts any money owed. Double Taxation Avoidance Agreement: India and the UAE's Double Taxation Avoidance Agreement (DTAA) is in place. You can obtain legal relief from double tax if properly structured, but only if you comply with both statutes. As India continues to digitise its tax surveillance and enforce stricter compliance through AIS, TDS, and global data sharing agreements, digital-first entrepreneurs are recognising the value of proactive planning. A UAE move isn't a tax evasion strategy—it's a compliance-friendly restructuring option that rewards those who think globally. But this must be done with an attorney and informed tax consultants. Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or financial advice. Readers are advised to consult with qualified tax professionals, legal advisors, or financial consultants before making any decisions regarding offshore residency, taxation, or business restructuring. Tax laws are subject to change and may vary based on individual circumstances.
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Business Standard
03-07-2025
- 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
