H-1B Approvals Are Falling for Indian IT Firms: Why High-Skilled Professionals Are Reconsidering EB1A in 2026

2. What the NFAP Report Really Tells Us

The data from the NFAP isn’t just about numbers; it tells a story of two major trends. First, Indian IT companies are changing how they work, leaning more on local US hires and offshore teams, which naturally reduces their need for H-1B visa approvals.

Second, US tech companies are doubling down on foreign talent, especially recent grads from US universities, to fuel big moves in AI and cloud engineering. In FY25, Amazon topped the list with over 4,600 initial approvals, followed closely by other Big Tech firms. For the first time, the top four slots for initial H-1B approvals were occupied exclusively by US-headquartered companies.

What does this mean for you?

It means H-1B opportunities are becoming much more employer-specific rather than being spread evenly across the industry. If you aren't at one of these top-tier product firms, your chances of a successful lottery selection or even a smooth extension are statistically lower than they were a few years ago.

3. Why This Creates Long-Term Uncertainty for H-1B Professionals

If you are working for or planning to join an India-based IT firm, this shift brings some real uncertainty to the table. We are witnessing several red flags in the current USCIS H-1B data FY25 :

• Fewer Initial Seats: The pool of new visas for services-based roles is shrinking as US firms prioritize AI and specialized research.
• The Extension Trap: Even for those already in the US, scrutiny is rising. For instance, some firms saw extension rejection rates jump to 7% recently, up from just 3% or 4% in previous years.
• Escalating Costs: With proposed supplemental fees as high as $100,000 for certain H-1B filings, employers are becoming more selective about who they are willing to sponsor.
• The Golden Handcuffs: Being locked in to a specific employer while facing a 20-year green card backlog in the EB-2 or EB-3 categories is becoming an untenable risk for many.

Even though H-1B approvals are still happening, the path has lost that predictable sure thing feel it had in previous years.

4. Why EB1A Is Entering More Strategic Conversations

Because the employer-sponsored route feels a bit shaky and highly uncertain right now, more people are looking at self-petitioned options like the EB1A green card.

The EB1A extraordinary ability category is unique because it is based on your skills and impact, not solely your job title or how big your company is. The real driver here isn’t just speed; it’s control.

• Total Independence: You don’t need an employer to sponsor you, which means you can change jobs or start a company without losing your place in line.
• No Lottery Luck: There are no caps or random selections for the I-140 petition itself.
• Bypass the Backlog: While EB-1 India has seen some movement, the priority dates are years ahead of the EB-2/EB-3 queues, often allowing for a green card in 1.5 to 2 years instead of 15.

For those with a solid track record, such as leadership, awards, or high-value contributions, EB1A is becoming the ultimate hedge against H-1B volatility.

5. EB1A Is Not for Everyone, and That Matters

Let’s be real: EB1A isn’t a one-size-fits-all replacement for the H-1B.

USCIS sets a high bar, looking for evidence of sustained national or international recognition. It is not just about how many years you have been in the industry, but how significant your work has been for the field.

To qualify, you generally need to meet at least 3 out of 10 specific criteria, such as:

• Original Contributions: Proving you have developed a framework, patent, or technology that has major significance to the industry.
• Critical Roles: Showing you have led a high-stakes project at a distinguished organization (like a Fortune 500 firm or a successful startup).
• High Remuneration: Benchmarking your salary and equity against the top earners in your specific field.
• Judging the Work of Others: Serving as a code reviewer for major projects, a hackathon judge, or a peer reviewer for journals.

Many professionals in AI, cybersecurity, and specialized engineering often sell themselves short. They don’t realize how their specific work aligns with the EB1A vs H-1B criteria. Often, it’s not about having more credentials; it’s about how you frame the impressive work you are already doing and present the respective evidence accordingly.

6. What Smart Professionals Are Doing Differently in 2026

Instead of just waiting to see what happens with the H-1B lottery, savvy professionals are taking a more proactive approach. The 2026 Strategy is all about building a profile that is not employer-dependent. Smart movers are:

• Assessing Eligibility Early: They don't wait for a layoff. They look at the 10 criteria now to see which 2 they already have and which 1 they need to develop.
• Building in Public: They are contributing to open-source projects, speaking at niche tech conferences, and writing white papers to satisfy the authorship and original contributions criteria.
• Gathering Objective Proof: Instead of generic letters, they are collecting metrics. For Ex: My algorithm saved the company $2M or My system supports 10 million concurrent users.
• Diversifying Strategy: Many use the O-1 visa as a bridge. It has a similar high bar but acts as a temporary work visa while they prepare their permanent EB1A petition.

The goal here isn't to panic; it is to make sure you have options.

7. Conclusion: The Immigration Landscape Is Rebalancing

The dip in H-1B approvals for Indian IT firms is a sign of a much larger rebalancing in the US workforce. The system is moving away from bulk-processed labor toward high-impact, individual talent.

For high-skilled professionals, this is the perfect time to look at alternatives to H-1B and build a career path that doesn't depend entirely on a company's hiring cycle.

Whether you are a Senior Engineer, a Product Leader, or an AI Researcher, your extraordinary ability is your best insurance policy in an uncertain market.

8. FAQs

1. Does this mean H-1B is no longer viable?

No. H-1B remains a functional non-immigrant path, but it is increasingly employer-dependent and subject to high registration rejection rates.

The H-1B program continues to be the primary way for high-skilled foreign nationals to work in the US. However, USCIS data shows that over 300,000 beneficiaries were rejected in the FY25 lottery due to the 85,000 annual limit. Additionally, new policies such as the $100,000 fee for entry from outside the US have added significant financial barriers. While still viable for entry, the visa now requires more specific employer selection and carries higher long-term risks.

2. Are Indian professionals being denied more than others?

No. Data indicates a reduction in total H-1B usage by Indian-based firms rather than a specific increase in individual denial rates.

While approvals for the top seven Indian IT companies dropped by 37% year-over-year, the overall denial rate for initial employment remained relatively low at 2.8% in FY25. The shift is largely due to companies increasing local hiring and offshore delivery models. Indian professionals at US-headquartered firms like Amazon or Google continue to see high approval rates, often with denial rates as low as 1%.

3. Can EB1A be filed while on H-1B?

Yes. The EB1A green card is an immigrant petition that can be pursued concurrently with a valid H-1B non-immigrant status.

The EB1A visa category allows for self-petitioning, meaning it does not require an employer’s signature or involvement. Many high-skilled professionals maintain their H-1B status for work authorization while their extraordinary ability petition is being adjudicated by USCIS. This dual-track approach provides a safety net, ensuring the applicant remains in legal status regardless of the petition outcome.

4. Is EB1A only for researchers or scientists?

No. The EB1A visa is open to individuals in various fields, including business, technology, arts, and athletics, who can demonstrate extraordinary ability.

USCIS criteria for EB1A approval are broad and designed to identify those at the top of their respective fields. In the tech sector, this often includes software architects, product leaders, and cybersecurity experts who may not have academic publications. Professionals can satisfy requirements through evidence of critical roles in distinguished organizations, original contributions of major significance, or high commercial success.

5. Should I wait until my H-1B becomes risky?

No. A strategic EB1A green card application is most effective when planned early rather than in response to an immediate immigration crisis.

EB1A extraordinary ability requires a record of sustained acclaim, which often takes months or years to document properly. Early assessment allows professionals to identify gaps in their profile and proactively build evidence, such as judging or original contributions. Given the current volatility in H-1B policy and the increasing costs of sponsorship, establishing an independent path to residency provides essential career stability.

Feeling unsure about your H-1B future? If you want to see if EB1A is a realistic move for you, EB1A Experts offers a free strategy evaluation. We’ll skip the guesswork and give you a clear look at where you stand.