Emily Neumann, an immigration attorney based in Washington, said she has seen a surge of pending H‑1B petitions from Cognizant, Infosys and Microsoft. The delays appear tied to a backlog at USCIS, with cases flagged for potential fraud investigations. She warned that the problem could spill over to other firms, especially those with recent layoffs.
Rahul Reddy, another immigration expert, pointed to the Trump administration's hard stance on the H‑1B program. He said the administration and Vice President JD Vance are pushing to end the visa scheme, with Vance chairing a task force on fraud. The three companies’ stalling petitions send a stark signal to policymakers.
The H‑1B lottery has shifted from a random draw to a wage‑based system, making high‑paying roles more likely to get approved. Meanwhile, the DHS has floated a permanent $103,265 fee for cap‑subject petitions, a move that follows a court‑blocked $100,000 fee. The administration’s financial tightening adds another layer of complexity for employers.
A September 18 executive order directed the Labor, Homeland Security and State departments to scrutinize whether sponsoring firms have recently laid off U.S. workers. The order aims to deter companies that might use H‑1B workers to replace laid‑off staff. The move comes as Vance’s task force expands its purview beyond immigration.
If the backlog and regulatory scrutiny continue, firms may face longer wait times and higher compliance costs. The industry watches closely as the U.S. considers tightening immigration rules in a climate of political pressure.