A 24-year-old Ph.D. student in upstate New York claimed she is constantly anxious, like many immigrants with visas. The student, who requested anonymity to avoid reprisals, is presently on an F-1 student visa and fears that her status could be abruptly changed if she leaves the country, even for a short trip.
She now worries that she may not be able to obtain a more permanent H-1B visa, which is for specialized vocations, after she graduates, since President-elect Donald Trump is getting ready to retake office with a Cabinet full of people who have anti-legal immigration platforms.
The student stated, “I am curious to see what changes he ultimately makes and how.” The planet might literally change drastically in four years.
Many immigrants are concerned that, as he tried to do during his first term, Trump may impose restrictions on the H-1B visa program during his second term after winning reelection. Cuts to the program, which analysts say would have a significant impact on the IT sector, have been promised by Trump, his backers, and Cabinet picks.
According to Shakeel Syed, executive director of the organization South Asian Network, people are in a panic and are bracing themselves for the worst. Will my application be approved? Where am I at this point in the approval process? Am I going to be deported?
Indians are the main users of the high-skill visa program, or H-1B. They account for around 75% of all petitioners, significantly exceeding even the next largest category, which is made up of less than 12% of all petitioners: Chinese workers.
Although any profession requiring a bachelor’s degree or above may be covered by the visa program, the majority are in the technology sector, which would be most negatively impacted by tighter regulations.
The administration’s immigration agenda is anticipated to be led by Stephen Miller, who is joining Trump’s White House as deputy chief of staff for policy. In his prior position as a senior adviser, Miller adopted strong anti-immigration views and shaped legislation that increased H-1B denials and tightened program limitations.
According to Gaurav Khanna, an assistant professor of economics and an immigration specialist at the University of California, San Diego, Stephen Miller was quite successful in reducing immigration during the previous administration.
A request for comment on behalf of Miller and Trump was not answered by the Trump transition team.
Other supporters, such as Vivek Ramaswamy, who was nominated with Elon Musk to head a new Department of Government Efficiency, have already stated that, given the opportunity, he would abolish the H-1B program.
An inquiry for comment from Ramaswamy’s representatives was not answered.
That view has been expressed by Trump himself. He stated, “We shouldn’t have it,” in response to a question concerning H-1Bs at a Republican presidential debate in 2016. Extremely detrimental to employees.
What action has the federal government taken in the past?
According to immigration experts, the federal government can slow down and complicate the visa application process, but only Congress has the authority to impose visa caps.
Entry-level jobs were impacted when the first Trump administration raised the wage threshold for H-1B applicants above what citizens employed in those industries would make. According to immigration law firm Berry Appleman & Leiden, the measure made internet businesses hustle even though a federal judge eventually overturned it in 2020.
Additionally, Trump’s Department of Homeland Security made an effort to restrict the list of specialized jobs eligible for an H-1B. In court, that was also dismissed.
According to Khanna, they do have the authority to do extensive audits of businesses and make it extremely challenging for those hiring H-1B employees. The tech industry depends largely on H-1B employees. The tech sector will be angry if that supply is cut off.
In the 2016 presidential debate, Trump acknowledged that he had personally employed H-1B workers. Trump also frequently employs foreign workers at his Mar-a-Lago club in Florida, where he sponsors H-2A visas to hire seasonal staff.
“I honestly use it, so I shouldn’t be permitted to use it,” he remarked. As a businessman, I must fulfill my obligations.
A possible chilling effect, at minimum
The Ph.D. candidate from upstate New York says she is concerned that anti-immigrant sentiment will make her life difficult regardless of her status while she waits for answers regarding her place in the United States.
“I always have my defenses up,” she remarked.
According to Khanna and Syed, the Trump administration’s anti-immigrant rhetoric might be a powerful instrument in and of itself for chilling H-1B enterprises that often sponsor these visa holders. Even if the tech industry would suffer, regular South Asians employed in the United States would be singled out regardless of their immigration status.
Syed stated that despite having full legal status, anti-Asian and anti-immigrant bigotry will still have an impact.
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