One of the best things about America is how diverse it is. The U.S. draws its strength in the diversity of cultures, the combination of bright minds and strong hands that come to our country from across the world. Our global advantage is that America has given people a chance to excel and push our country forward due to the ideas and skills of the multi-national workforce we have. India has given the U.S. its best talents for decades, and there are many Indian nationals in the technical, financial, scientific, engineering and mathematical fields – from medicine to IT, Indian immigrants make America strong and a leader amongst nations.

As an immigration attorney advising Indian tech professionals and U.S. employers alike, I’m deeply concerned by renewed frustrations among American tech leaders—frustrations rooted not in a shortage of talent, but in barriers erected by U.S. visa and immigration rules. A recent article in the Times of India highlights this crisis, quoting industry voices who warn that the U.S. is actively pushing away skilled Indian professionals due to outdated immigration policies and rising visa costs.

What’s happening right now?
A growing chorus of American tech executives warns that we have the following problems with Indian immigration to the U.S.:

Outdated H‑1B nonimmigrant/temporary visa regulations,
Soaring filing fees for any visas
Long delays that make it impossible to get top notch talent to jump into your projects in a reasonable time frame; and
Per-country limitations on employment-based green cards

These road blocks are blocking highly skilled Indian professionals from contributing in fast-moving sectors like artificial intelligence, software engineering, and semiconductors.

A recent survey found that 93% of U.S. tech executives say high-skilled immigrants are vital for America’s competitiveness. We cannot keep this up with the immigration slow-downs we are facing under the Trump Administration’s policy of what feels like a war on LEGAL immigration.

Why does this matter?
Tech leadership isn’t just about innovation—it’s also about speed. Companies – big and small – can’t afford to wait months—or even years—to get key specialists on board. It is especially bad for smaller businesses. Meanwhile, the visa registration fee has jumped from $10 to $250—an especially heavy burden for students and early-career professionals.

The consequences are coming into focus:

H‑1B cap registrations for FY 2026 plunged by almost 27%, to 358,000—down significantly from prior years (timesofindia.indiatimes.com).
Tens of thousands of hopefuls are opting instead for countries like Australia, Germany, and the UAE—places perceived as more immigration-friendly (timesofindia.indiatimes.com).

This is not just a talent drain—it’s a strategic disadvantage.

The new U.S. Immigration roadblocks are hitting smaller businesses harder.

Why are small businesses suffering more than large corporations: Because small businesses often:

Lack in-house legal teams to handle complex visa applications
Can’t afford rising filing fees and compliance costs
Struggle to compete with big tech on salary benchmarks required for H-1B approvals
Can’t wait months (or years) for slow green card or work permit processes
Are more impacted when key roles go unfilled due to visa caps or rejections

So what needs to change?
As an adviser to both individuals and corporate clients, I urge the U.S. government to:

Modernize the H‑1B System – Align processes and fees with today’s global tech marketplace.
Remove per‑country green card caps – To prevent backlogs that trap high-skilled workers for years.
Hire more immigration officers, but implement more automation into their US Immigration system to rival the private sector.
Reduce bureaucratic hurdles – By speeding up adjudications and streamlining documentation. Reduce delays!
Implement merit-based reforms – Like passing the Fairness for High‑Skilled Immigrants Act, which would raise wage floors and limit abuse in the H‑1B/L‑1 programs.

What this means for my clients:

Employers must understand the risks and build timelines around possible delays.
Professionals need to consider alternative pathways—but also advocate for systemic change.
And policy-makers should remember: attracting the world’s brightest minds keeps America at the forefront of innovation.

Bottom line:
The U.S. doesn’t suffer from a lack of talent—it suffers from outdated immigration infrastructure. Reforming our system isn’t just humanitarian—it’s a national security and economic imperative. Without it, we risk losing our global leadership, one visa denial at a time.

If you’re a business owner struggling to bring in the talent you need—or a skilled professional facing visa obstacles—don’t wait. Contact SHEPELSKY LAW GROUP today to explore smarter immigration strategies, avoid costly delays, and stay competitive in today’s fast-moving global economy. The system may be broken, but with the right guidance, you don’t have to be.