Indian H-1B holders get the jitters, told to be in US before January 20

As Donald Trump is set to be sworn in as the 47th American President on January 20, many Indian H-1B visa holders in the US are anxious about potential immigration policy changes that would upend their American dreams.Employers and immigration attorneys have advised H-1B visa holders to return to the US before January 20, fearing a rule change might block their re-entry.

The US embassy in India, however, issued a press release on December 27 stating that Indians who wish to renew their H-1B visas no longer need to leave the country.

The US-based renewal programme for H-1B visa holders is likely to be implemented this year and will be a boon for several Indian workers in speciality occupations, who currently have to return home to renew and restamp their visas.

Singapore-based The Straits Times reported many Indian H-1B holders as saying that they had been advised by their employers and lawyers to avoid travelling out of the US.

It said an Indian automotive design engineer who was on a holiday in Mumbai was asked by his immigration attorney to return to the US before the January 20 swearing-in of Trump. The engineer is based in Santa Clara, California.

LIVES BASED ON UNSTABLE FOUNDATION OF H-1B SYSTEM, SAY INDIANS

Indians, the second-largest immigrant group in the US after Mexicans, are at the centre to the ongoing H-1B visa debate.Amid the H-1B visa debate, severalUS companies are turning to remote hiring to avoid challenges.

Other than the renewal programme,the US Department of Homeland Security (DHS) will introduce important changes to the H-1B visa programme starting January 17, 2025. This update, called the H-1B Modernisation Final Rule, aims to make it easier to hire highly skilled foreign professionals while improving supervision.

The H-1B visa programme, which allows skilled foreign workers with a bachelors degree to work in the US, has become a cornerstone of American tech and STEM (science, technology, engineering and mathematics) fields.

Indian professionals dominate the H-1B visa programme, accounting for over 72% of the 386,000 H-1B visas issued or renewed in 2023.In 2022, Indian nationals secured 77% of the 320,000 approved H-1B visas.

However, fewer H-1B visas have been issued in recent years.According to the 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 significant drop from the 14,792 approvals in fiscal year 2015.

Indians on H-1B visas work as doctors, nurses, professors, and academics, but they are most notable in the US tech industry, holding leadership positions in companies like Google, Microsoft, and Apple.

The H-1B visa programme, launched in 1990, plays a key role in filling critical skill gaps in STEM (science, technology, engineering, and mathematics) fields and strengthening the American economy.

The US Congress capsH-1B visa programme at 85,000 visas, although exceptions push the number of approvals far higher. In 2018-2019, the H-1B visa programme saw approximately 585,000 recipients, although this number dipped during the Covid-19 pandemic.

However, It rose again to 410,000 in 2022 and over 750,000 in 2023, according to the American Immigration Council.

Nearly two in three H-1B visa holders work in computer-related jobs earning an average salary of $118,000 annually, according to the Straits Times.

"Our entire life is built on the unstable foundation of the H-1B. Trump is unpredictable, which makes me nervous," Vasanth Kalyan, a Tampa-based business intelligence developer told the Straits Times.

INDIAN H-1B VISA HOLDERS FEAR IMPACT OF TRUMP'S IMMIGRATION POLICIES

Indian H-1B visa holders are anxious about Donald Trump's potential crackdown on legal immigration.

During his previous presidency, Trump's senior adviser Stephen Miller introduced policies that increased scrutiny of H-1B applications, leading to a 24% rejection rate in 2018. This is significantly higher than the 2-4% rejection rate under President Joe Biden, according to The Straits Times.

The concerns are compounded by Miller's new role as Trump's deputy chief of staff for policy, which may lead to further restrictions on immigration.

The Trump administration previously tightened rules for Optional Practical Training (OPT) programmes, which allow international students, including Indians, to work in the US after graduation.

Indian students are the largest group of international students in the US, with 331,602 students in 2023.

Many take education loans and rely on dollar salaries to repay them. The uncertainty surrounding H-1B visas and OPT programmes has created anxiety among Indian immigrants, who worry about their future in the US.

"Trump's re-election has already sparked animosity towards immigrants. I'm not trying to claim anyone else's job. I got my job rightfully, with qualifications," a professor told The Straits Times.

The professor's concerns highlight the emotional toll of immigration uncertainty on individuals and families.

RISING XENOPHOBIA AND CONTRADICTORY VIEWS

H-1B holders like Kalyan have also faced a surge in xenophobia online, with some far-right supporters branding them as "cheap labour" and "job invaders". This backlash intensified after venture capitalist Sriram Krishnan, an Indian-American and AI advisor to Trump, faced criticism for advocating skilled immigration policies.

Trump himself has sent mixed signals on H-1B visas. Trump in his election campaign has said "WE will build American, buy American, and hire American".He has previously described the programme as "very, very bad for workers".

However, he later acknowledged the need for "smart people" in the US. Additionally, his inner circle, including Elon Musk, has backpedalled on the H-1B visa issue.

Republican hardliners argue that H-1B visas displace American workers and depress wages. Trump hardliners call for a complete halt to hiring skilled workers from countries like India.

Not only is the H-1B visa being targeted by Trump hardliners, but another option for Indians to obtain an H-1B visa is also under criticism. They have targeted the Optional Practical Training (OPT) programme, a critical pathway for international students, particularly Indians, aiming for H-1B visas, accusing it of "killing jobs for new American college graduates".

LEGAL CHALLENGES AND BACKLOGS

Indian professionals also face bureaucratic hurdles. US Citizenship and Immigration Services (USCIS) data shows that more than a million Indians are waiting for green cards. The Congressional Research Service (CRS) estimates that the backlog for Indians in employment-based categories will reach 2.19 million by fiscal year 2030.

"The system is already quite restrictive," Shaunak Pagnis, a Massachusetts-based software engineer who had to find a new job within 60 days after being laid off by Google last year told The Straits Times.

Many H-1B holders are exploring alternatives.

"Not a day goes by when I dont think about how different my life would have been in Canada or Australia," Pavan Nagaraj, a Portland-based business analyst who endured years of unemployment due to visa restrictions told The Straits Times.

Despite the uncertainties, most professionals intend to stay in the US for its high salaries and better quality of life.

Kumar, an automotive design engineer, told The Straits Times that he "love working on futuristic products here" but envied his brother, who obtained Singaporean permanent residency in seven years.

For now, the future remains uncertain, leaving many H-1B holders caught in a precarious balance between hope and anxiety.