Advocate Kishan Sanmukhdas
Preparations are underway to challenge Donald Trump’s new H-1B visa decision in court. American companies and immigrant rights organizations call it discriminatory and unconstitutional. Until now, India has been experiencing a “brain drain,” with talented young people going abroad to hone their skills. Now, a new scenario could emerge for “brain gain.”
The United States has long attracted global talent through its immigration policies. But since Trump became president, strict measures in trade and migration have multiplied. Tariffs, changes in visa rules, and restrictions on the tech sector underline the “America First” agenda. The latest move is a direct strike at Indians. The Trump government has imposed an annual fee of $100,000 (about Rs 88 lakh) on H-1B visas. Nearly 70 percent of these visas are granted to Indians. The question is whether companies will continue to spend such amounts to hire Indian professionals.
Earlier, fees were paid only once at the time of application. Now both first-time applicants and those seeking renewals must pay each year. For example, a three-year visa renewed twice would cost about $300,000 (over Rs 2.6 crore). The financial pressure will force companies to reconsider hiring foreign workers. For many Indians, the H-1B visa is just a step toward permanent residency. But now, companies will think twice before sponsoring green cards. With wait times already stretching decades, this hefty fee makes the dream even more distant.
Indians are the largest beneficiaries of the H-1B visa program. Millions of youth who dream of working in the US now face a major hurdle. IT giants like Infosys, TCS, and Wipro, which send thousands of employees to America each year, will also be hit. This decision may even strain India-US relations. Hiring decisions will now depend solely on an employee’s unique skills. Companies will only pay the fee if no American can match the expertise of an Indian professional. This will confine opportunities to top talent, while mid-level professionals will lose out. America’s work culture and recruitment will change sharply.
India has long faced a “brain drain,” as many top graduates from IITs and IIMs went abroad. Now, high visa fees may discourage companies from hiring them, creating opportunities at home. Indian cities like Bengaluru, Hyderabad, Pune, and Gurugram are already thriving tech hubs. A reverse flow of talent could strengthen research, innovation, and the startup ecosystem. Highly skilled Indians returning from the US can bring expertise, networks, and global experience. India has the chance to become a leader in artificial intelligence, machine learning, cybersecurity, and fintech within the next decade.
American companies and immigrant groups are preparing to challenge the decision in court. If the ruling is overturned, Indian professionals may find relief. If not, companies may shift strategies by setting up offshore development centers in India and adopting work-from-India models. This could boost investment and employment in the Indian IT sector.
Trump’s decision is a direct attack on Indian professionals. It shatters personal dreams and disrupts global business ties. Yet, it also opens the door for India to convert “brain drain” into “brain gain.” The critical question is whether India can act wisely. By strengthening policies, supporting startups, and investing in research and innovation, India can turn this setback into a launchpad for growth. What looks like a challenge today could, with foresight, become an opportunity for India’s rise.
(Note:Compiler, Author – Tax Expert, Columnist, Literary Expert, International Writer, Thinker, Poet, Sangeet Madhyama, CA (ATC), Advocate Kishan Sanmukhdas Bhawnani, Gondia, Maharashtra)
