Legal visa pathways for Indian professionals in Trump’s America
During his victory speech in Florida on November 6, Trump emphasized, “Immigrants are welcome, but they must enter the country legally.”
Donald Trump has achieved a historic victory, securing re-election as the President of the United States after defeating Democratic candidate Kamala Harris. During his victory speech in Florida on November 6, Trump emphasized, “Immigrants are welcome, but they must enter the country legally.”
What impact does Trump’s re-election have on Indians, especially those aspiring to build a future in America?
The Republican leader Trump, is known for his strict stance on immigration. In fact, a major focus of his campaign was the rise in illegal immigration during the Biden-Harris administration.
During his earlier term, he introduced several immigration policies that impacted skilled workers and students, especially those with H-1B, F-1, and H-4 visas.
- H-1B Visa: The H-1B visa allows skilled foreign workers, especially in fields like IT, engineering, and healthcare, to work in the U.S. temporarily for specialized jobs requiring expertise or advanced qualifications.
- F-1 Visa: The F-1 visa is for international students who want to study in the U.S. at recognized schools, colleges, or universities, allowing them to stay while completing their education.
- H-4 visa: The H-4 visa is for family members (spouse and children under 21) of H-1B visa holders, allowing them to live in the U.S. and, in some cases, work.
Immigration experts believe Trump’s return might create new opportunities for Indians pursuing legal immigration pathways.
Experts noted that Trump’s policies focused on deporting illegal immigrants. With about 11 million undocumented people in the U.S., this could create opportunities for skilled workers to migrate legally.
Indians, who mainly rely on legal pathways like the H-1B for work or F-1 for studies, could benefit if the administration focuses more on skilled migration instead of family-based immigration.
During his first term, Trump suggested implementing a points-based immigration system, similar to those used in Canada and Australia.
If Trump revives this idea, it could create more opportunities for skilled Indian workers. Currently, the U.S. immigration system follows a family-based approach, meaning priority is given to applicants who have family members already living in the U.S. Trump believes this system contributes less to the economy compared to skilled migrants. In countries like Canada and Australia, immigration works on a points-based system, where applicants are ranked based on skills, education, and work experience. Adopting a similar system in the U.S. could help attract highly qualified workers, benefiting skilled migrants, including many from India.
However, any changes like this will take time. “It won’t happen immediately. The inauguration is in January, and it might take another three to six months to put these policies into action.
Future of Visas and Work Permits: What to Expect?
Indian professionals and students in the U.S. often depend on visas like H-1B, F-1, and H-4 (for spouses). Trump’s victory could bring a mix of challenges and opportunities for them.
Strict immigration policies could make it harder for highly skilled Indians to secure visas, forcing them to rely on a random lottery system. This system doesn’t consider their skills or qualifications, making it unfair and unpredictable for many.
Indian students, particularly those studying in Science, Technology, Engineering, and Mathematics (STEM) fields, might worry about possible limitations on Optional Practical Training (OPT). OPT is a program that permits graduates to work legally in the U.S. for up to one year after completing their studies.
According to Business Standards, any changes to these rules could also greatly affect students seeking internships in fields like finance or banking. These opportunities are often crucial for gaining practical experience and building careers in these industries.
An expert suggested that the fastest way to avoid these uncertainties is by applying for the EB-5 Immigrant Investor Program. This program allows individuals to gain permanent residency by making a qualifying investment. Having permanent residency helps eliminate these risks, making the EB-5 an attractive option for those who can afford the required investment.
EB-5 Visa: The EB-5 visa is a U.S. program that grants permanent residency to foreign investors who invest a minimum amount in a qualifying business, creating jobs for Americans. It’s a faster path to a green card for those who meet the investment requirements.
How will changes to the H-1B visa impact Indian professionals?
Donald Trump’s victory could lead to stricter H-1B visa rules, as he has often advocated prioritizing jobs for American workers. Tighter regulations might make the process more competitive, posing challenges for Indian tech professionals who rely on H-1B visas for their work or renewals.
On the other hand, Trump’s focus on a merit-based immigration system could offer opportunities for highly skilled Indian workers. However, there are concerns that new restrictions on eligibility criteria could make it harder for many to qualify.
Changes Ahead for Student Visas and Green Card Opportunities?
Indian students could encounter stricter visa regulations, according to immigration experts. This includes possible limitations on F-1 student visas for education and changes to the OPT work permit, which allows graduates to work temporarily in the U.S.
During the Trump administration, there were talks about introducing new restrictions on the OPT program. These discussions were largely driven by the impact of the Covid-19 pandemic and increasing unemployment rates. Despite these discussions, no changes were made, and the OPT program continued as it was during that time.
During Trump’s earlier administration, there was an indication of support for creating Green Card opportunities for F-1 visa holders. This policy could help skilled Indian graduates secure work in the U.S. after completing their studies, making it easier for them to stay and build their careers.
Experts highlighted that easing Green Card rules for F-1 students would greatly benefit those in advanced STEM fields. Such a policy could simplify their transition into the U.S. workforce, making it easier for them to secure jobs and build careers after their studies.
Green Card Holder: A Green Card holder is someone who has permanent residency in the United States. It allows them to live and work there legally without needing a visa. While they are not U.S. citizens, they can stay in the country indefinitely and enjoy many of the same rights as citizens.
What Are the Wider Impacts on Indian Immigrants?
Trump’s return could have significant effects on the 5.5 million-strong Indian-American community and those in India hoping to achieve the American dream.
For Indian nationals, this could mean ongoing opportunities in areas like technology and engineering. However, they might face stricter rules and additional paperwork to meet the requirements.
The wage requirements for H-1B visas could be revised, and new eligibility rules might be introduced for various visa categories.
Strong US-India relations might continue to support opportunities for skilled workers, but some programs, like the diversity visa, could shift toward merit-based selection. Staying informed through official sources will be important to understand and adapt to any changes in these policies.
Diversity Visa: A diversity visa is a U.S. program designed to promote immigration from countries with low rates of migration to the United States. It is often called the “Green Card Lottery” because it randomly selects eligible individuals from underrepresented countries, giving them the chance to live and work in the U.S. permanently.
Dreamers and DACA: Ongoing Uncertainty
Trump’s position on undocumented immigrants, especially the “Dreamers” protected under the Deferred Action for Childhood Arrivals (DACA) program, has raised concerns. DACA allows minors who entered the U.S. without legal documentation to live there without the threat of being deported.
Trump’s victory could lead to an uncertain future for young undocumented Indians, as he has repeatedly supported ending the DACA program, which currently protects them from deportation.
In September 2017, Trump’s administration announced its plan to end the DACA program, claiming it exceeded the president’s authority (saying the program went beyond what a president is legally allowed to do).
However, this move was challenged in court, and in June 2020, the Supreme Court ruled that the process to end DACA was flawed. As a result, the program remained in place.
During his 2024 campaign, Trump reaffirmed his plan to end DACA and highlighted a tougher stance on immigration enforcement.
Trump proposed large-scale deportations and ending programs like DACA. He stated that undocumented individuals, including Dreamers, should not have any option to gain citizenship.
“Strengthening Ties: The Evolving US-India Trade Partnership”
“Trump’s close connection with India and his friendly relationship with Prime Minister Narendra Modi could help improve trade relations between the US and India.”
“Trump’s business-friendly policies are likely to boost this partnership, especially in key areas like digital growth and sustainable development.”
“The growing demand for Indian professionals, especially in Global Capability Centres (GCCs), could lead to more job opportunities in the US. During Trump’s earlier term, trade between the US and India saw significant growth, showing the potential for even stronger trade ties in the future.”
GCC: GCC stands for Global Capability Centre, which is a branch or office set up by large companies to handle important business tasks from another country. For example, many big companies like Microsoft or Amazon have GCCs in India to manage things like customer support, IT services, or data analysis. These centres help companies save money and use the skills of talented professionals in countries like India.
According to Business Standard, trade figures from the last decade highlight a strong partnership between the US and India. US exports to India increased by 84%, growing from $22.1 billion in 2012 to $39.8 billion in 2021. Meanwhile, imports from India also rose by 81%, climbing from $40.5 billion to $73.3 billion during the same period.
The US Mission to India recently announced plans to add 250,000 visa appointments for Indian travelers. This includes tourists, skilled workers, and students, showing how much the United States values the important contributions Indians make in various fields.
Immigration experts explain that the United States is paying more attention to security issues and has concerns about its relationship with China. Because of this, countries in South Asia, like India, might become a preferred destination for students looking for good educational opportunities outside of the US or China.
“Legal Challenges: What Issues Persist?”
The Indian-American community is worried about Trump’s reported support for a right-wing plan called ‘Project 2025.’ This plan could lead to mass deportations and even the cancellation of citizenship for some people, causing fear among immigrants.
According to Business Standard, Indians have several reasons to be concerned about Trump becoming president again. He has shown a lack of respect for non-white immigrants, and his plans for mass deportation could create serious problems for many Indians living in the US.
Former Minister of State for External Affairs Shashi Tharoor stated that Trump has a strong anti-immigration stance, which could limit opportunities not only for H1-B visa applicants but also for those hoping to reunite with their families. This could impact individuals who have settled in the US as permanent residents and want their family members to join them.
“Trump’s Business-Friendly Approach: A Boost for Indian Investors?”
The EB-5 visa program, which is popular with Indian investors, is expected to remain attractive due to Trump’s business-friendly policies.
The EB-5 program has been a reliable way for investors to gain US residency. Indian investors can use this option to avoid the challenges and uncertainties often faced with H-1B visa applications.
The program would be a good option, especially for Indians seeking long-term investment opportunities in the US through the EB-5 route.
“Is Trump planning to revise the H-1B lottery system?”
Another possible change could be in the H-1B lottery system. Trump has suggested replacing the random lottery with a merit-based system that prioritizes applicants with advanced skills and higher salaries.
Recent graduates could find it difficult to meet the requirements of the new merit-based system.
Experts pointed out that Trump’s support for a merit-based selection fits with his pro-business approach, possibly making the H-1B process more competitive for skilled Indians. However, balancing these visas with the demand for high-skilled jobs will be crucial.
During his earlier term, Trump signed the executive order “Buy American and Hire American,” which tightened rules for H-1B visas.
Experts also pointed out that during Trump’s earlier term, the number of approvals for H-1B visas, which are highly valued by skilled professionals, decreased in 2017-18 due to stricter policies. However, the situation improved, and the number of approvals went up again in 2019-20, showing a partial recovery.
(The author of this article is a Defence, Aerospace & Political Analyst based in Bengaluru. He is also Director of ADD Engineering Components, India, Pvt. Ltd, a subsidiary of ADD Engineering GmbH, Germany. You can reach him at: [email protected])
(Disclaimer: The views expressed above are the author’s own and do not reflect those of DNA)