H1B Visa For Indian: H-1B visas face uncertainty during Trump’s 2nd term

H1B Visa For Indian: To temporarily hire highly educated people from outside the US in specific occupations, American companies have to sponsor them on H-1B visa. The number of Indians working on H-1B visa in America is quite high.

According to reports, Indians accounted for 72.3 percent of the 3 lakh 86 thousand H-1B visas issued in 2023. From this, it can be estimated how much this visa matters to Indians.

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The validity of H-1B visa is usually for three years, which can be extended for three more years, but now the picture may change as President-elect Donald Trump will implement his policies after taking over as US President. He has already been targeting immigrants and especially illegal immigrants.

H-1B Visa may be difficult for new applicants!

Donald Trump has promised to launch the biggest deportation drive in America, which on one hand has created panic among illegal immigrants, while on the other hand the fear cannot be ruled out that Trump can also take a tough stand on legal immigrants i.e. H-1B and F1 visa holders etc.

A lawyer from Washington DC says that this time people can get H-1B visas for a month or more instead of years. In fact, TOI has spoken to her to know people’s opinion regarding Trump’s mass deportation plan.

According to a TOI report, the next four years of the Trump administration could be difficult for those living in the US in violation of visa rules as vigilance is likely to be increased. At the same time, immigration lawyers said that increased scrutiny, stricter salary requirements and more rejections for H-1B could make it difficult for new applicants and those seeking extension.

Will H-1B visa be available even for one month?

According to the report, Washington DC immigration lawyer Janetha R Kancharla said, “More visas were rejected during Trump’s previous term as well. There was an increase in RFEs (Request for Evidence) and H-1B visas were approved for a shorter period. We may see the same thing being repeated.”

He said, “This time people can get H-1B visas only for the duration of their project, a month or so instead of years. The same applies to OPT (Optional Practical Training) as STEM OPT is proposed to be reduced from three to one year.”

Indian-American shared his ordeal

Some of those whose visas are about to expire are already planning to leave the country. According to the report, C Sneha, who lives in Maryland, said, “My F-1 visa is barely 15 days away from expiry. Though my H-1B visa was selected, my employer is refusing to give an employment verification letter because it is worried about being audited by the US government. I don’t want to stay back and risk being banned. So I have decided to go to Hyderabad in December.”

What is H-1B Visa?

The H-1B visa allows US employers (companies) to temporarily employ highly skilled non-immigrant workers in specialty occupations. These occupations usually require a bachelor’s degree or its equivalent in a specific field. H-1B specialty occupations may include fields such as engineering, mathematics, physical sciences, architecture, social sciences, medicine and health, education, accounting, law, business specialty, theology, and the arts.

The H-1B visa is generally valid for three years and can be extended for a total of six years. To do this, the employer has to refill Form I-129 on behalf of the employee and file it with all supporting documents. He has to pay a filing fee.

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