Under President Trump's renewed administration, Indian immigrants in the U.S., particularly those holding H-1B visas, are facing increased uncertainty and the risk of deportation. Immigration law firms are reporting a growing number of H-1B visa holders receiving Notices to Appear (NTAs), which are essentially deportation notices, even while they are still within their legal 60-day grace period after losing their jobs. This contradicts existing guidelines from U.S. Citizenship and Immigration Services (USCIS) and creates significant anxiety for visa holders and the businesses that depend on foreign talent.
The H-1B visa program allows U.S. companies to employ foreign workers in specialized occupations requiring theoretical or technical expertise. Indians have historically been the largest group of recipients of these visas. The annual numerical limit (cap) for new H-1B statuses is 65,000, with an additional 20,000 visas available for those with a U.S. master's degree or higher. USCIS has already reached its cap for fiscal year 2026.
Several factors contribute to the heightened concerns among Indian immigrants. The Trump administration is considering introducing a "weighted selection process" for H-1B hiring, potentially prioritizing higher-wage earners. During his previous term, Trump implemented stricter measures on work visas, and it is anticipated that his current administration may further tighten eligibility criteria and increase scrutiny of employers who hire foreign workers. Such measures could make it more difficult for Indian professionals to obtain and maintain H-1B status.
Moreover, there are reports of increased questioning of valid non-immigrant visa holders, including H-1B and F-1 (student) visa holders, as well as green card holders, at U.S. ports of entry. Many Indian H-1B holders are avoiding overseas travel due to fears of being denied re-entry. Immigration specialists are advising the Indian community to remain within the U.S. due to these concerns.
Another challenge facing Indian immigrants is the significant backlog in the employment-based green card system. This backlog can lead to extremely long waiting times for permanent residency, sometimes decades. Children of H-1B visa holders who have grown up in the U.S. on dependent visas (H-4) risk "aging out" when they turn 21 and losing their legal status if their families have not yet obtained green cards. There are approximately 134,000 Indian children in the U.S. facing this situation. The potential loss of these American-educated youth is a concern, as they could be significant contributors to society.
In addition to H-1B visa holders, Indian green card applicants are also facing uncertainty. Trump signed an executive order aiming to end birthright citizenship for children born in the U.S. to parents who are not citizens or lawful permanent residents, including those on temporary work visas. This would have significant implications for Indian H-1B holders, as their U.S.-born children may no longer automatically receive U.S. citizenship.
The potential impact of these policies extends beyond individual families. Some experts fear a "brain drain" if many skilled Indian workers are forced to leave the U.S., which would stifle innovation and decrease the country's ability to compete in the global economy. Some companies may consider shifting operations to countries with more favorable immigration policies.
It is important to note that Americans' views on immigration have shifted in the past year, with record-high support for immigration and disapproval of Trump's approach. However, the administration's focus on stricter enforcement and potential policy changes continues to create anxiety and uncertainty for Indian immigrants in the United States.
