What if the primary pathway for skilled professionals to work in the United States disappears? A new bill in Congress, the EXILE Act, proposes eliminating the H-1B visa program entirely starting in fiscal year 2027. Unlike past reform efforts, this legislation would reduce the annual cap to zero, effectively shutting down the program rather than modifying it.
For Indian professionals, who account for over 70% of approved H-1B petitions in recent years, the implications are significant. Even if the bill does not become law, it signals a shift in the political climate around employment-based immigration and introduces real uncertainty into long-term career and financial planning for NRIs.
What Does the EXILE Act Mean for H-1B Workers?
The EXILE Act stands as a direct challenge to the H-1B visa system. Florida's Republican Representative Greg Steube has put forward this bill, named the "Ending Exploitative Imported Labor Exemptions Act," to reshape U.S. immigration policy.
Key provisions of the EXILE Act explained
The EXILE Act would change Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184) with a bold move. This legislation wants to eliminate the H-1B visa category completely, unlike previous reforms that only tweaked existing programs.
Steube's office says the bill aims to protect American workers from losing their jobs. When announcing the bill, Steube claimed: "Prioritizing foreign labor over the well-being and prosperity of American citizens undermines our values and national interests".
The congressman believes the H-1B program has hurt American workers in many sectors. He claims the program blocked more than 10,000 U.S. physicians from getting residency spots while letting in over 5,000 foreign-born doctors.
The bill's supporters point to these corporate examples:
- FedEx reportedly shut down more than 100 U.S. facilities due to H-1B usage
- Microsoft allegedly let go of more than 16,000 employees after getting approval for over 9,000 H-1B visas in 2025
How the bill proposes to eliminate H-1B visas
The EXILE Act takes a decisive approach to implementation. The bill would end the program completely in fiscal year 2027. H-1B visa caps would drop to zero that year and stay there.
Companies would not be able to file new H-1B petitions once the cap hits zero. This means a complete end to the program rather than a gradual reduction.
Other Republican lawmakers have joined the push against H-1B visas. Texas Representative Beth Van Duyne wants either a total ban or complete overhaul. Former Representative Marjorie Taylor Greene tried to eliminate it through legislation. Representatives Andy Ogles and Chip Roy have asked for temporary stops on H-1B visas. Senator Mike Lee questions if the program should continue without changes.
Steube points to nationality patterns in the bill's reasoning. He highlights that Indian and Chinese nationals make up more than 80% of H-1B recipients, with younger workers often getting preference.
How Will the EXILE Act Impact Indian Professionals?
The EXILE Act poses the biggest threat to Indian professionals who dominate the H-1B visa landscape. American businesses across many sectors now rely heavily on Indian talent, and this pathway's elimination would disrupt their operations.
India's 70% share in H-1B approvals
Indian professionals make up the vast majority of H-1B recipients compared to other nationalities. The numbers tell a clear story. Indian nationals received 283,397 H-1B visas in fiscal year 2024, which represents 71% of all approvals. Chinese applicants came in second with just 46,680 visas or 11.7% of the total. This stark six-to-one ratio between Indian and Chinese recipients shows how crucial this program has become for India's workforce.
The United States currently hosts about 730,000 H-1B visa holders, and Indians make up more than 70% of this group. The total affected population grows even larger with 550,000 dependents, including spouses and children.
Concerns among Indian tech and healthcare workers
Tech industry would feel the strongest effects since "computer-related" occupations made up about 65% of H-1B approvals in fiscal 2023. A 2015 Freedom of Information Act request revealed an even more striking statistic - Indian nationals filled over 80% of 'computer' jobs.
The healthcare sector also relies heavily on Indian talent. General medicine and surgical hospitals received approval for more than 8,200 H-1B visas in 2023. Indian medical graduates lead the pack among international doctors, representing about 22% of all international physicians.
NRIs stranded due to visa delays
Recent changes have created new challenges. Applicants now face detailed background checks that started in December 2025, including reviews of their social media activity. These changes have caused problems throughout the system. H-1B visa interviews across India now face months-long delays. Many visa holders who went to India for routine visa stamping cannot return to their American jobs and homes.
Why Is the H-1B Visa Program Under Fire?
Public support for the EXILE Act continues to grow as critics raise concerns about the H-1B visa program. The debate focuses on alleged program misuse and its effects on American workers.
Allegations of wage suppression and job loss
Studies reveal that H-1B program's foreign computer scientists caused a 2.6% to 5.1% drop in domestic tech worker wages. American computer scientist employment would have been 6% to 11% higher without this foreign workforce.
The data tells a different story for 2021, when H-1B workers earned a median salary of $108,000 - substantially higher than U.S. workers' overall median of $45,760.
Corporate examples cited by lawmakers
Critics highlight several notable cases:
- Top 30 H-1B employers brought in 34,000 new visa workers in 2022 while laying off at least 85,000 employees
- Amazon welcomed 6,400 new H-1B workers in 2022 yet cut 27,150 staff positions
National security and economic arguments
The Department of Homeland Security has uncovered concerning fraud patterns that show 52% of H-1B applications came from beneficiaries with multiple registrations. Texas officials started investigating "ghost offices" and fake companies that fraudulently sponsor visas.
The program's defenders point out that H-1B restrictions often backfire. Companies denied visas end up hiring 0.4 employees abroad for each rejection, which moves jobs overseas instead of creating opportunities for Americans.
What Should H-1B Holders and NRIs Do Now?
The EXILE Act poses a serious threat to the H-1B program, forcing visa holders to make quick decisions about their future in the United States.
Legal advice for current H-1B visa holders
H-1B workers with pending extension petitions can stay legally even after their visa expires. You can work up to 240 days while waiting for a decision. Workers with approved I-140 petitions should look into other options right away. You can switch to a new employer in the same job category if your adjustment of status application (Form I-485) has been pending for 180 days or more.
Alternative visa options and pathways
These cap-exempt options might work better:
- O-1 Visa: This works if you have "extraordinary ability" in sciences, arts, education, business, or athletics. The original term is three years and you can extend it.
- L-1 Visa: This visa lets companies transfer employees from foreign offices to U.S. locations (L-1A for managers/executives, L-1B for specialized knowledge).
- TN Visa: Canadian and Mexican professionals can get unlimited three-year renewals.
- E-3 Visa: Australian citizens can apply for this visa. The yearly limit of 10,500 visas usually doesn't fill up.
Monitoring legislative developments and timelines
Stricter H-1B visa screening started December 15, 2025, which has caused major delays. Many visa holders who went to India for routine stamping can't return because their appointments got pushed back by months. The situation is tough, but you need to watch U.S. Department of State announcements as the EXILE Act moves through Congress. Immigration experts suggest having backup plans ready.
Conclusion
The EXILE Act could change everything for H-1B visa holders, especially Indians who make up over 70% of this group. Your professional life in America faces major disruption if this legislation passes. The program would end completely in 2027 instead of a gradual phase-out. This sudden stop threatens not just careers but entire industries. Tech and healthcare sectors depend heavily on Indian talent.
The bill has sparked heated debates. Some people blame H-1B workers for lower wages and taking American jobs. Others raise concerns about national security and program misuse. Notwithstanding that, the data tells a different story. H-1B workers' salaries are often higher than U.S. median salaries. This shows how complex and politically charged the visa debate has become.
You need to think about several practical steps right now. Start by looking into other visa options like O-1, L-1, TN, or E-3 visas based on your qualifications and nationality. It also makes sense to get into adjustment of status applications if you have approved I-140 petitions. Current visa holders can work for up to 240 days while waiting for extension decisions.
The next few months are vital as Congress reviews this legislation. The future might seem unclear, but you need backup plans. You could explore different immigration paths or relocation options. Taking action now helps reduce future disruptions. Political situations keep changing unpredictably, but your career planning needs to stay focused and forward-looking during these tough times.
Frequently Asked Questions
What are the key provisions of the proposed EXILE Act regarding H-1B visas?
The EXILE Act aims to completely eliminate the H-1B visa category by 2027. It proposes to reduce the annual cap on H-1B visas to zero starting in fiscal year 2027, effectively shutting down the program rather than gradually phasing it out.
How would the elimination of H-1B visas impact Indian professionals?
Indian professionals would be disproportionately affected as they consistently account for over 70% of H-1B visa approvals annually. The tech and healthcare sectors, which heavily rely on Indian talent through the H-1B program, would face significant disruptions.
What are the concerns raised about the H-1B visa program?
Critics argue that the H-1B program suppresses wages for American workers, particularly in the tech industry. There are also allegations of job displacement, with companies hiring H-1B workers while simultaneously laying off domestic employees. National security concerns related to fraud and potential program abuses have also been raised.
What alternative visa options are available for H-1B holders?
Some alternative visa options include the O-1 visa for individuals with extraordinary ability, the L-1 visa for intracompany transfers, the TN visa for Canadian and Mexican professionals, and the E-3 visa exclusively for Australian citizens.
About the Author
By Ankit Dhiman
Product Lead at InvestMates
Ankit Dhiman is a visionary Product Lead at Investmates, blending deep analytical thinking with a passion for crafting intuitive financial experiences. With a knack for transforming complex problems into user-friendly solutions, Ankit leads cross-functional teams to build products that empower individuals to achieve smarter financial lives.
