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Before I get into the specifics, I want to be clear: everything I share here is based on my own personal analysis and opinion. This is not legal advice, and none of these outcomes are certain. What I can do is walk you through what looks likely, what remains to be seen, and where you should be cautious.
The overall shift: from restriction to a more relaxed approach
In my opinion, the US visa program as a whole will see a more relaxed approach under President Biden. Trump was very vocal about keeping American jobs for Americans, and his stance against immigration was reflected in almost every visa change we saw throughout 2020. Biden, on the other hand, has consistently been pro-immigration — throughout his campaigns and speeches, his approach has been about giving opportunities to everyone. That shift in tone alone is a good sign for Indians navigating the US visa system.
The biggest immediate positive: the June 2020 proclamation is gone
If there is one change that brings the most immediate relief, it is the end of the Trump proclamation from June 2020. That proclamation banned the issuance of new visas across a wide range of categories — H1B, L1, their dependents, new green cards, and immigration visas. It was built with a deadline: it remained valid only until December 2020 and had to be actively renewed to continue beyond that. It was highly, highly unlikely that President Biden would renew it, which means it naturally expired in December 2020. Starting from January 2021, all those bans were lifted.
This is a huge positive for many Indian families. Because of this proclamation, spouses who were waiting on dependent visas were separated from their partners in the US. People in the middle of green card and immigration visa processes had their applications put on hold. The lifting of this ban is, in my view, the single biggest positive development we can expect to see.
Major visa reforms promised — but implementation is the real question
During his campaign, Biden promised several significant reforms: being less harsh with H1B visas, eliminating country-wise quotas for green cards, and making it easier for people completing PhDs in the US to obtain green cards. These are genuinely big promises. The country-wise quota in particular is what causes the decades-long wait many Indians face for their green cards — the quota allotted to Indians is small, but the pool of applicants is enormous, which creates a massive backlog. If these reforms were actually implemented, the impact would be transformative.
That said, a president cannot unilaterally reverse or pass immigration law. He needs to work with Congress and get their approval. So while the promises are encouraging, whether and how they get implemented is something we genuinely need to watch closely.
H1B visas: where to watch carefully
The H1B visa is where all eyes are on Biden, and this is also where I want to be honest with you: it would be too much to expect a complete reversal of everything. The pandemic hit the American economy hard. Unemployment was at an all-time high. As president, Biden is expected to protect American jobs too — that pressure does not disappear just because the administration changed.
The wage-based allocation concern
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Book a Mock InterviewOne area of real concern for Indian applicants is that Biden has expressed support for a wage-based allocation system for H1B visas. Right now, H1B visas are allocated through a lottery — your application goes into the pool and selection is random. If that system is replaced by one that prioritises higher wages, it would directly disadvantage those seeking entry-level positions.
And who seeks those entry-level H1B positions? A large part of it is Indian IT professionals from companies like Wipro, TCS, and Infosys. Another significant group is Indian students who have just graduated from American universities and are looking to enter the US workforce. If wage-based allocation comes into effect, a substantial chunk of the Indian H1B applicant pool would be impacted. This is something to watch very carefully as the policy details emerge.
Administrative improvements we can count on
Even if major policy reform takes time, administrative improvements are something I do expect to happen relatively quickly. Under the Trump administration, the visa program slowed down considerably — the number of visas being issued hit an all-time low, often due to very trivial administrative issues, like problems with the vendor responsible for printing green cards. These kinds of bottlenecks are expected to be addressed, and the visa program overall should pick up speed.
F1 and B1/B2 visas: what to expect
F1 student visas
The Trump administration did attempt to introduce curbs on F1 visas, but those efforts were reversed fairly quickly. However, there is still a proposal on the table called duration of stay, which would limit your F1 visa to a maximum of four years. Currently, there is no restriction on how long you can stay on an F1 visa as long as your education is ongoing — the only requirement is that you are actively enrolled. If the duration of stay rule comes into effect, you would need to complete your entire education in the US within four years. For many Indian students, especially those in longer programmes or who take time to transition between degrees, this could be a significant concern.
On the ground level, F1 visa appointments in India resumed around August 2020, and students have been able to schedule their interviews since then. Dropbox renewal for several visa categories has also resumed and was continuing to pick up pace.
B1/B2 visitor visas
For B1/B2 short-term non-immigrant visas, I do not expect any major policy changes. These visas were not a primary target of Trump-era restrictions and are unlikely to see significant reform under Biden either. As of the time I shared this analysis, B1/B2 appointments in India had not yet resumed, but that was expected to normalise over the following weeks and months as the visa infrastructure recovered.
The bottom line for Indians in 2021
The overall direction under President Biden is positive for Indian visa applicants — the lifting of the June 2020 ban alone is enormous for families that were separated and applications that were frozen. The promise of green card quota reform and a more sympathetic approach to immigration are encouraging. But the H1B wage-based allocation proposal and the F1 duration of stay rule are real risks that deserve careful attention. Keep watching how these policies develop, because the difference between a promise and a signed policy is significant.
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