As Donald Trump prepares to be sworn in as the 47th President of the United States on January 20, many Indian H-1B visa holders are expressing anxiety over potential changes to immigration policies that could jeopardise their aspirations in America. Employers and immigration attorneys are advising these visa holders to return to the US before the inauguration, fearing that new regulations may hinder their re-entry.
In a recent press release, the US Embassy in India reassured that Indians wishing to renew their H-1B visas will no longer be required to leave the country, a significant development for many workers in specialized occupations who previously had to travel back to India for visa renewals.
The anticipated US-based renewal program for H-1B visa holders is expected to launch this year, offering relief to numerous Indian professionals. Reports from The Straits Times indicate that their employers and legal representatives have advised many Indian H-1B holders to refrain from international travel during this transition period.
Indians, who constitute the second-largest immigrant group in the US after Mexicans, find themselves at the heart of the ongoing H-1B visa debate. In light of these uncertainties, several US companies are increasingly turning to remote hiring to mitigate potential challenges.
Starting January 17, 2025, the Department of Homeland Security (DHS) will implement significant changes to the H-1B visa program through the H-1B Modernisation Final Rule. This update aims to facilitate the hiring of highly skilled foreign professionals while enhancing oversight.
The H-1B visa program, established in 1990, has become essential for filling critical skill gaps in STEM (science, technology, engineering, and mathematics) fields. Indian professionals dominate this program, accounting for over 72% of the 386,000 H-1B visas issued or renewed in 2023.
Despite the program's importance, the number of H-1B visas issued has declined in recent years. According to the National Foundation for American Policy (NFAP), the top seven Indian IT firms received only 7,299 H-1B visa approvals for new hires in fiscal year 2024, a stark decrease from 14,792 approvals in fiscal year 2015.
Indian H-1B visa holders work across various sectors, including healthcare and academia, but are particularly prominent in the tech industry, holding leadership roles at major companies like Google, Microsoft, and Apple.
The anxiety among Indian H-1B visa holders is heightened by the memory of Trump's previous presidency, during which his senior adviser, Stephen Miller, implemented policies that increased scrutiny of H-1B applications, resulting in a 24% rejection rate in 2018.