A data dossier · The H-1B visa
Body Shop
The H-1B visa was a footnote in the Immigration Act of 1990, meant to address a vaguely defined skilled-worker shortage at the dawn of the information age. It has grown into a lifeline, a racket, and a cornerstone of the Indian economy.
Founded by others. Now run by one.
Zoom into one. Every window is an H-1B approval.
How did a generic skills-based visa become dominated by Indian IT workers?
85 of 120 windows · ~71% from a single country
Scroll ↓
The question
How did America’s largest skills-based immigration pathway come to be dominated by Indian IT workers?
Part 1
Laws, Loopholes and Labor Markets
The Number That Does Not Exist
The Scale
The system is a Russian nesting doll: the H-1B in its exempt and non-exempt forms, the H-4, OPT, the O-1, the EB-2, one visa inside another, all serving the same applicants and the same companies. Start with the one Congress argues about.
85k
The statutory cap
65k + 20k master's
01 / 7
85k
The statutory cap
The number Congress argues about: 65,000 seats plus 20,000 for holders of a US master's degree. It excludes universities, nonprofits, and government labs entirely, and it excludes every renewal.
02 / 7
399k
Approved in FY2024
USCIS actually approved 399,395 H-1B petitions in fiscal 2024, about 4.7 times the cap. Most were continuing employment, which the cap does not touch.
03 / 7
600k
Living in the US on H-1B
At any given moment an estimated 600,000 people are in the country on an H-1B. The government never integrated the systems that would let it count them exactly.
04 / 7
505k
Working on OPT, FY2024
The uncapped student pathway. In FY2024 more than half a million foreign graduates were working on OPT, which is not an H-1B at all, and it outnumbered new H-1B hires several times over.
05 / 7
175k
H-4 spouses in the US
Since a 2015 rule, the spouses of many H-1B workers can work too. More than 175,000 H-4 spouses live here, most of them work-eligible: a second workforce attached to the first.
06 / 7
1.3M
Total here on a pathway
Add the three standing populations together, H-1B, OPT, and H-4, and about 1.28 million people are working here on one of these pathways. Not a flow, not a rule, people, right now.
07 / 7
1.9M
The US software workforce
For scale: the entire US software workforce, developers, QA analysts, and testers, is about 1.9 million. The 1.28 million on a pathway is roughly two-thirds of it, and the cap Congress fights over is under 5%.
The debate is about a number that does not exist. Every argument over “raising the cap” is conducted over a figure that describes a fraction of what the program does. It isn’t hidden. It’s disclosed, in a report nobody reads.
Source · USCIS H-1B Characteristics, FY2024 (399,395 approved vs an 85,000 cap); DHS/USCIS OPT (505,000+); H-4 spouses per fwd.us and USCIS; software workforce per BLS OES 2024
Two histories, one pipeline
The largest labor arbitrage in history
The Visa
Senator Kennedy’s Good Intentions

Senator Edward M. Kennedy
Sponsor, S.358 · passed 81–17
US Senate portrait, public domain.
In 1990 Congress passed the largest expansion of legal immigration in a generation, a bill that raised annual admissions to 700,000 and created the diversity lottery. Tucked inside it was a small employment provision: the H-1B “specialty occupation” visa, capped at 65,000, with a Labor Condition Application meant to keep it from undercutting American wages.
Over the next thirty-four years Congress raised the cap to 195,000, let it fall back to 65,000, added 20,000 slots for holders of a US master’s degree, bolted on fees, and then mostly stopped touching it, while the program’s actual use, and its concentration in a single country, ran far past anything the statute describes.
The Industry
India’s Road to Capitalism




Portraits via Wikimedia Commons: Nehru (CC0); Gandhi & Singh (GODL-India); Rao (CC BY 4.0).
While India became a democracy upon its separation from the British Empire, it did not immediately adopt free-market capitalism. Generations of leadership chose instead a mixed economy with a strong socialist flavour (though not outright communism): five-year plans, the nationalization of key industries, tariffs and foreign-exchange controls, and a mythically suffocating business environment known as the “License Raj.”
It worked until 1991, when the country ran out of money. What grew in the opening that followed was not the broad factory base the Asian tigers had built a generation earlier, it was a services-export engine, software written for foreign clients, which by 2000 had gone from about 2% of exports to 26%. That engine needed a way to stand its people on American soil.
The Visa · the law in moments
Congress set the number in 1990 and has barely moved it since. Almost everything else happened in the rulemaking and the courts.
The Immigration Act of 1990 was S.358, introduced by Senator Edward M. Kennedy in February 1989 and passed by the Senate 81–17. Kennedy spent his career widening immigration; the H-1B was a minor employment title inside a law meant to open the country’s doors wider, signed by George H. W. Bush on November 29, 1990. Nobody in that debate was arguing about 65,000 software contractors.
What debate there was ran hot, but over overall immigration levels and the new diversity lottery, not this visa. The bill cleared Congress on lopsided bipartisan margins: 81 to 17 in the Senate in 1989, and, after conference, 89 to 8 in the Senate and 264 to 118 in the House in October 1990. The 65,000-seat “specialty occupation” provision drew no floor fight of its own. It passed almost unremarked.
The Industry · the turn in moments
The path from a closed, licensed economy to a services-export model, and the 1991 crisis that forced the turn.
The Visa · the boom
The software boom wrote the visa into use. The cap was raised twice on a shortage argument, to 115,000 in 1998, then 195,000 in 2000. When the dot-com bubble burst, approvals fell from 331,000 in FY2001 to 198,000 in FY2002. The cap was cut back to 65,000, but approvals soon climbed past it anyway, and the two numbers stopped having anything to do with each other. The boom made the visa; the visa outlived the boom.
The cap is a statute; approvals are the economy
Total H-1B petitions approved each year against the statutory cap, thousands.
Source · USCIS H-1B Characteristics (FY2024) and FY2004 Characteristics; cap history from the Immigration Act of 1990, ACWIA (1998) & AC21 (2000). Vote record: Congress.gov / GovTrack S.358 (Senate 81–17, 1989; conference report Senate 89–8, House 264–118, Oct 1990)
The Industry · what it sells
What grew was not steel but software. India’s signature export is a thin, high-value slice, written for foreign clients and delivered onto American soil.
An economy that came to sell software, not steel
0% → 0%
software’s share of India’s exports, 1995 → 2000
$0B
IT & business-services exports today
The H-1B was already there.
Source · NASSCOM Strategic Review FY2025E (exports $224.4B); the 2%→26% export share from a prior verified run; 1991 crisis per Irwin, NBER WP 33420
A Thin, High-Value Slice
The Shortcut
1991 —
The Asian tigers pursued a post-war miracle built on domestic manufacturing and R&D. India found a shortcut: a services-export engine, real and genuinely distinctive, but a thin, high-value slice of the economy.
The tigers built factories. India built a guy with a laptop.
Korea, Japan, and Taiwan industrialised across the whole economy, steel, ships, chips. India, after it opened in 1991, built something narrower: writing the world’s software and staffing its back office.
Illustrative. Factory placement marks the industrialised tigers; India’s question mark is the point. The hard numbers are below.
A high-value sliver, not a broad industrial base
Share of GDP, percent
Source · NASSCOM Strategic Review FY2025E (tech exports $224.4B, ~7% of GDP, ~5.8M employed); World Bank manufacturing value-added (Korea ~26.6%, India ~12.5%, 2024); Rodrik, “Premature Deindustrialization,” J. Econ. Growth 2016
Part 2
Rules of the Game
One Admission, a Household
Chain Migration
A single admission is never a single person. On the visa it is already a household, and over decades, through a green card and citizenship, it can become a widening family tree.
Start with what the visa itself allows. An H-1B worker can bring a spouse and unmarried children under 21 on the H-4 visa, and since a 2015 rule most of those spouses can work. That is the 175,000-strong H-4 ring from the last chapter: a second workforce attached to the first, arriving with the worker, not counted in the cap.
Beyond the household, the H-1B sponsors no one. Parents, siblings, and adult children cannot come on it at all. That door opens only later, after the worker wins a green card and then naturalizes. As a US citizen, the former visa holder becomes a sponsor: parents count as immediate relatives, with no annual cap, and arrive relatively quickly. Married adult children and siblings fall into the capped family-preference categories, F3 and F4.
And here the same bottleneck from the green-card queue reappears. Each country is held to 7% of the family-preference visas, so the sibling line for India runs 15 to 20 years or more, married children not far behind. Each of those relatives may in turn bring a spouse and minor children. One admission becomes a household at once, and, throttled by the caps, a family tree over the following decades.
From one worker outward
What arrives on the visa, and what only citizenship unlocks
On the visa · H-4
then a green card, then US citizenship, years to a decade-plus
Only after naturalizing
One admission becomes a household at once, and a widening family tree over decades. The far branches are real but capped: India’s sibling line runs 15 to 20+ years.
The honest limit. None of this is automatic or unlimited. The far branches take a green card, then naturalization, then a wait measured in decades, and many never materialize. The aggregate multiplier is debated. But the mechanism holds: the program admits one worker and, over time, a lineage.
Source · H-4 scope (spouse and unmarried children under 21) per 8 CFR 214.2(h); parents of US citizens are immediate relatives, uncapped, at INA §201(b); siblings (F4) and married adult children (F3) are family-preference categories under the 7% per-country limit at INA §202(a)(2). India F4 wait ~15–20+ years per the U.S. State Dept. Visa Bulletin (Feb 2026 F4-India Final Action Date of Nov 1, 2006)
The Bigger Door
Backdoors
The fight over the H-1B is a fight over 85,000 seats. Almost nobody is fighting over the bigger door.
A foreign graduate of a US university can work here for up to three years on Optional Practical Training, an F-1 student benefit that Homeland Security created by regulation, not Congress by law. OPT has no annual cap, and its STEM extension runs 24 months on top of the first 12. In FY2024, more than 505,000 people were working on OPT, against 141,205 approved for a new H-1B job and a statutory cap of 85,000.
It is also cheaper. Because F-1 students are exempt from Social Security and Medicare taxes for their first five years, an OPT hire costs an employer about 7.65% less in payroll tax than an American or an H-1B worker. When a tech-workers’ union sued to shut the program down, it lost at every level; the Supreme Court declined to hear the case in 2023.
And OPT is not the only side door. The L-1 visa lets a multinational transfer its own staff in with no cap and no lottery, moving another 76,671 people in during FY2023. The H-4 visa widened the pool from the other direction: since a 2015 rule, the spouses of many H-1B workers may work as well.
The bigger door nobody argues about
People authorized to work, by pathway
Source · DHS/USCIS OPT data (505,000+ on OPT, FY2024) and USCIS H-1B data (141,205 initial approvals, FY2024; 85,000 cap). STEM 24-month rule at 8 CFR 214.2(f); program upheld in Washington Alliance of Technology Workers v. DHS (cert. denied Oct 2 2023)
The Protection Frozen in 1998
No Duty to Hire
It is claimed that the H-1B requires that employers attempt to hire Americans first. For most of the program, that is simply not true.
An ordinary employer files a Labor Condition Application, which the Department of Labor certifies within seven days after checking it, in the statute’s own words, “only for completeness and obvious inaccuracies”, a review done electronically and often in minutes. On that form the employer does not have to advertise the job to Americans, interview any, or show that none were available.
Only “H-1B-dependent” employers must recruit US workers and attest that they are not displacing them. And even they are excused for any worker paid at least $60,000 or holding a master’s degree. That $60,000 line was written in 1998 and has never been raised; adjusted for inflation it would be about $116,000 today, above the median American tech wage. Set that low, the exemption swallows the rule.
Open competition, on paper
The résumé that never had a chance, and the job that was never really open
U.S. applicant
No ad · no interview
H-1B applicant
Illustration. For an ordinary H-1B hire the employer need not advertise the job to Americans, interview any, or show that none were available.
The protection, frozen in 1998
The exemption wage against inflation and the going rate
Source · LCA and 7-day completeness review at INA §212(n) / 20 CFR 655; the H-1B-dependent duties and the exempt-worker ($60,000 or master’s) escape at DOL Fact Sheet 62Q (ACWIA 1998, threshold never adjusted). Inflation per BLS CPI; median tech wage from BLS OES 2024
One Rule Change
The Lottery
One rule change, and the gaming nearly vanished.
Registrations for the FY2024 lottery reached 781,000, and 409,000 of them, more than half, were for people entered multiple times by multiple firms. USCIS moved to one entry per person and added fraud investigations. The next year the multiply-registered pile fell to 47,000; the year after, to under 8,000. It isn’t a clean experiment, two things changed at once, but the collapse of the duplicate pile is hard to read as anything but gaming.
Registrations, and the multiply-registered share
Total registrations, with the duplicate subset lit
FY2024
409k dup
FY2025
47k dup
FY2026
8k dup
Source · USCIS H-1B registration data: total 780,884 (FY2024) → 470,342 (FY2025) → 358,737 (FY2026); multiple-registration subset 408,891 → 47,314 → 7,828
A Worker Who Cannot Leave
Indentured Servitude
The lottery that lets you in has no per-country cap, so one country wins most of the seats: India takes about 71% of selections. The green card that would let you stay does the opposite, capping every country at 7%. So the one country that dominates the entrance faces a wait measured in decades.
Here is the trap: you can change H-1B employers, but your place in that line is tied to the job you leave, so switching sends you back to the end of it. So nobody leaves. A worker who cannot leave is a worker who can be carried, benched, underpaid, and silent.
On strings, walking after the card
The same race, three countries
The belt underfoot is the wait; the longer the wait, the faster it runs against you
Source · Cato Institute / David Bier: employment green-card waits of India ~134 years, China ~17 years, most of the rest of the world roughly current; the 7% per-country cap is at INA §202(a)(2). Belt speeds are illustrative; the waits are the sourced figures
The gate that lets people in ignores nationality, so it fills with one nationality. The gate that lets them stay counts nothing but nationality, so that same group never gets through. The bench is not a side effect of the indenture. It is the product of it.
One Field, Not Every Field
A Software Visa
The H-1B is defended as a way to import scarce specialists across every field. In the numbers, it is one field.
Computer occupations are about 64% of approved petitions; every other kind of engineering combined, mechanical, electrical, civil, aerospace, is a distant ~10%. Systems analysis and programming alone are more than half of all beneficiaries. Why software and not aerospace? The staffing-firm model places IT contractors by the thousand; software is portable and project-based in a way a jet engine is not; and export-control rules and security clearances lock foreign nationals out of much of aerospace and defense before the question is even asked.
What the “specialty occupation” actually is
Approved H-1B petitions by occupation group, percent
Source · USCIS Characteristics of H-1B Specialty Occupation Workers, FY2023–24: computer-related 63.9–65% of approvals; architecture/engineering/surveying ~10%; systems analysis & programming alone 52–54% of beneficiaries
An Industry That Sells Abroad
The Rear Echelon
The engineers who don't emigrate mostly work for India's IT-services industry, and that industry barely sells at home.
It earns roughly 79% of its revenue from exports ($224B abroad against $58B domestic), and the United States alone is 60 to 62% of it. At the firm level the tilt is starker still: Infosys books about 60% of revenue in North America and 2.5% in India. The work the H-1B feeds is the work that lives on the American market.
Where the revenue comes from
Infosys revenue by client geography, FY2024, percent
Source · Infosys FY2024 Form 20-F (North America 60.1%, Europe 27.6%, India 2.5%); NASSCOM Strategic Review FY2025E (exports $224.4B vs domestic $58.2B; US 60–62% of the sector)
The counterpoint, stated plainly.This is not “India can’t build companies.” India built Jio, UPI, and a deep consumer-internet scene at home. It is the export IT-services industry, the one that supplies the bodies, that lives or dies on access to the United States.
Money In, By Channel
What Flows Back
The model runs on what it sends out, and what gets wired home. Follow the money and the strategy's shape is clear.
India’s IT and business-services exports earn about $224 billion a year. Its diaspora wires home about $129 billion, the largest remittance inflow of any country on earth, roughly 3.3% of GDP. Against those two streams, the investment flowing in has nearly stopped: gross foreign direct investment still topped $80 billion in FY2024–25, but after Indian firms’ own outflows and repatriated profits, net FDI collapsed to about $0.35 billion, essentially zero. This is an economy powered by exporting services and people, not by attracting capital to build at home.
Money in, by channel
Annual inbound flows, most recent official year, US$ billions
Source · NASSCOM Strategic Review FY2025E (exports $224.4B); Reserve Bank of India, Balance of Payments & remittances survey (remittances ~$129B, world’s largest, ~3.3% of GDP; net FDI ~$0.35B, FY2024–25)
The honest limit.Not all of India’s services output is the offshore-IT stereotype, much is domestic and non-tradable. The tradable export engine, the part the H-1B actually feeds, is the $224B line.
A Dispute Filed, Then Frozen
Who Keeps the Door Open
The country that could close this pipeline is the one working to keep it open.
India did once challenge the United States over the H-1B. In March 2016 it filed WTO dispute DS503, arguing that steep US visa fees and numerical limits discriminated against Indian services suppliers. Then it stopped. The case has sat at consultations, the first and lowest rung of the dispute process, for a decade; India never even requested a panel to rule on it. The reading is not subtle. India collects roughly 71% of all H-1B approvals, and a WTO victory that forced the program open to everyone could put that share at risk. The lobbying that matters here is not to change the pipeline. It is to leave it exactly as it is.
A dispute filed, then frozen
The stages of a WTO case
- 1Consultationsfiled Mar 2016
- 2Panel establishednever requested
- 3Panel rulingnot reached
- 4Enforcementnot reached
Filed 3 March 2016 · frozen at consultations ever since
Source · WTO, United States, Measures Concerning Non-Immigrant Visas (DS503): request for consultations filed 3 March 2016; no panel ever established. NASSCOM’s US lobbying disclosures (Senate LDA filings) run in parallel
The Pipeline Has a Marketing Department
Selling the American Dream
Around the visa has grown an entire content industry, and it is important to be precise about it, because most of it is legal.
At the top sit crowdsourced self-help blogs, RedBus2US, immihelp, where people swap 221(g) timelines and port-of-entry stories. That is not fraud; it is a community. Below it is a training-and-placement layer: consultancies that teach the staffing vocabulary and advertise “500+ hiring partners.” Legal on its face. Only at the bottom does it turn criminal: bench-and-switch schemes, fabricated client contracts, fake end-clients, worker-paid fees. That bottom layer is real and prosecuted, but it is a subset, and how large a subset is not something anyone can honestly measure.
Three layers, one funnel
From lawful self-help down to prosecuted fraud
Crowdsourced visa-tracking communities, RedBus2US, immihelp: 221(g) timelines, port-of-entry reports, H-4 news. A community, not a crime.
Consultancies that teach the staffing vocabulary, OPT, CPT, C2C, W2, and advertise '500+ hiring partners' and training-plus-placement bundles. Legal on its face.
Bench-and-switch schemes, fabricated client contracts, fake end-clients, worker-paid fees. Real and prosecuted, but a subset whose size no one can honestly measure.
Bands are not drawn to scale, the share through each is not measurable.
What the middle tier looks like in the wild
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Representative recreations, not actual ads, brands, or people. The training-and- placement layer is legal on its face; only the bottom tier is prosecuted.
The sting.To catch the fraud tier, ICE built a fake school, the “University of Farmington,” and let it advertise. Of the first 130 people arrested, 129 were Indian nationals; eight recruiters were convicted. It is the sharpest single picture of who the bottom layer serves.
Source · Info layer: RedBus2US, immihelp (public sites; described, not endorsed). Fraud convictions: DOJ cases US v. Dibon/Nanda (2016), Prasad (2019), Cloudgen (2021), Rajidi/Mada (2026). ICE “University of Farmington” sting (set up 2015, disclosed Jan 30 2019). The 2026 vigilante “exposé” videos are excluded: immigration lawyers assessed they did not establish the fraud alleged
Wipro · Infosys · TCS · Cognizant · HCL
The Culprits
The program's heaviest users are a handful of Indian IT-outsourcing firms, known by an acronym: WITCH. They file petitions and lottery registrations by the thousand, place contractors inside client companies, and it is in this staffing-firm corner that the documented abuses cluster.
A rap sheet, in order
Settlements, filings, and verdicts against the WITCH firms. The record, not an allegation.
Infosys, $34M
Then the largest US immigration settlement; B-1 visitors doing H-1B work.
HCL, in its own files
Internal documents: visa workers paid 47 to 64% below market.
TCS, investigated
EEOC probes bias complaints from laid-off American workers.
Cognizant, liable
Jury finds intentional bias: non-Indian staff fired at 8.4x the rate.
These are documented cases, tied to specific firms and the staffing model, not a claim about every H-1B employer.
Source · Infosys $34M: DOJ, Oct 2013 (civil settlement; fraud denied). HCL pay gap: Billington v. HCL America internal documents (EPI analysis). TCS: EEOC investigation reported 2023–24. Cognizant: Palmer v. Cognizant, C.D. Cal., jury verdict Oct 4 2024 (non-Indian staff terminated at 8.4x the rate)
Part 3
Winners and Losers
The Only Random-Sample Baseline
What the Audits Found
Pulled at random and audited, most petitions were clean. Not all of them were. The honest answer on fraud is a range, not a slogan.
The one time the government pulled a random sample and audited it, a 2008 USCIS compliance assessment of 246 petitions, it found 13.4% involved fraud and another 7.3% had technical violations; the rest were compliant. That is a small, dated sample, and it does not say most H-1B petitions are fraudulent. But it does not say the problem is imaginary either. Two things sharpen it: enforcement since has concentrated on exactly the IT-staffing firms this dossier keeps returning to; and when USCIS finally required one registration per person in 2024, duplicate lottery entries collapsed from 408,891 to 7,828, in the agency’s own words “a reduction in misuse.”
What a random audit actually found
2008 USCIS Benefit Fraud & Compliance Assessment, 246 petitions, percent
Source · USCIS H-1B Benefit Fraud & Compliance Assessment (Sept 2008): 13.4% fraud, 7.3% technical violations in a random sample of 246 of ~96,000 FY2006 petitions. Duplicate-registration collapse: USCIS FY2025 registration data (408,891 → 7,828)
Cheaper by Design
The Price
Cheaper by design, and sometimes you train the replacement yourself.
In 2015, employees at Disney and Southern California Edison were laid off and, on the way out, made to train the H-1B contractors who replaced them. Those cases are vivid but rare; the systematic version is quieter and lives in the pay. In litigation, HCL’s own internal documents showed the company calculating that it paid its visa workers 47 to 64% below the market rate for the role. The best causal estimate, from an economics study using the H-1B lottery itself as a natural experiment, finds each additional H-1B hire is associated with about 1.5 fewer other workers at the firm, with some downward pressure on earnings and higher firm profits. This is not the whole labor market, and honest economists disagree about the economy-wide wage effect. But at the firm level, in the staffing-heavy corner of the program, the discount is documented, and it is the point.
The pay gap, from the employer’s own files
What the role was worth against what the filings show being paid
47–64% below market
Source · Billington v. HCL America internal documents, as analyzed by EPI (47–64% below market). Crowd-out: Doran, Gelber & Isen, J. Polit. Econ. 2022 (~1.5 crowded out per H-1B). Train-your-replacement: Disney/SCE, 2015
Two more numbers give it a shape. In the same years the industry shed hundreds of thousands of workers, it kept hiring new visa holders by the hundred thousand. And the wage floor the law calls “prevailing” is set, by design, below what the job actually pays.
Cutting here, hiring there
Tech layoffs each year against new H-1B hires
2022
2023
2024
Source · Layoffs: layoffs.fyi (2022: 164,969; 2023: 262,682; 2024: 152,922). New H-1B hires: USCIS approvals for initial employment (FY2022 132,429; FY2023 118,948; FY2024 141,205). A juxtaposition, not a one-for-one substitution
The “prevailing wage” is set below the middle
Each H-1B wage level as its percentile of the local wage
The line is the local median (50th percentile). Level I and II carry ~60% of H-1B jobs.
Source · DOL prevailing-wage levels correspond to the 17th, 34th, 50th, and 67th percentiles of the local wage. Level shares and the below-median finding for computer occupations: EPI, FY2019 (14% at Level I, 46% at Level II)
The Body Shop
A data dossier on the H-1B program. Not legal advice. Every figure from federal data, filings, and court records; see each chapter’s source line.