Trump Reinstates Broad Travel Restrictions on 19 Countries, Citing Security Concerns

U.S. President Donald Trump has signed a sweeping presidential proclamation that reimposes travel restrictions on individuals from a total of 19 countries, invoking national security concerns as the primary justification. The new directive, announced late Wednesday, enforces a complete entry ban on nationals from 12 nations and imposes partial restrictions on travelers from an additional seven countries.

The proclamation specifically bars all entry to the United States for individuals from Afghanistan, Burma (Myanmar), Chad, Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. Meanwhile, travelers from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela will face selective entry limitations under the new policy.

The latest move by Trump comes in the wake of a deadly terror attack in Boulder, Colorado, which targeted participants in a peaceful demonstration calling for the release of Israeli hostages held by Hamas. The president, in a video message issued shortly after the policy announcement, pointed to the Boulder incident as a glaring example of the risks associated with lax immigration controls and visa overstays.

“The recent terror attack in Boulder has underscored the extreme dangers posed by foreign nationals who are not properly vetted, as well as those who enter on temporary visas and never leave. We don’t want them,” Trump stated in the video, which was released through the White House.

According to officials from the Department of Homeland Security, the assailant behind the Colorado attack was identified as Mohammed Sabry Solima. Authorities say Solima arrived in the United States during President Joe Biden’s term and remained in the country after overstaying his visa, drawing further attention to what Trump and his allies describe as systemic failures in immigration enforcement.

White House Deputy Press Secretary Abigail Jackson defended the proclamation, calling it a fulfillment of Trump’s long-standing pledge to defend American citizens from external threats. In a statement shared on social media platform X, Jackson remarked, “President Trump is fulfilling his promise to protect Americans from dangerous foreign actors. These commonsense restrictions target countries that lack adequate vetting procedures, have high visa overstay rates, or fail to cooperate on identity and threat information sharing.”

This latest directive bears similarities to the controversial travel bans Trump enacted during his first term in office. At that time, several majority-Muslim nations—namely Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen—were subjected to full or partial travel bans. Those earlier orders faced a barrage of legal challenges, drawing criticism from civil rights groups, immigration advocates, and political opponents who denounced the bans as discriminatory and xenophobic. Ultimately, the Biden administration repealed those travel bans immediately after taking office in 2021.

However, Trump’s return to similar policy tactics underscores his broader agenda of reinstituting hardline immigration measures as part of his national security platform. Supporters argue that such measures are necessary to prevent potential terror threats and to address what they see as a failure of cooperation from foreign governments regarding traveler vetting.

The selection of countries in this latest proclamation appears to follow specific criteria. According to Trump administration officials, the nations listed for full bans either lack the capacity to conduct proper background checks, fail to reliably share criminal or security data with U.S. agencies, or have demonstrated significant issues with undocumented overstays. Those listed under partial restrictions may still have limited cooperation or issues with internal vetting systems but do not pose the same level of perceived risk as those under the full ban.

Officials say the new restrictions are tailored to the unique situation in each country, and the policies will be reviewed periodically. Still, civil liberties groups have already begun signaling opposition to the measure, raising concerns about its potential to reignite debates over immigration bias and due process.

Despite these criticisms, Trump’s allies maintain that the recent events in Colorado serve as an unavoidable reminder of the vulnerabilities in the existing immigration and visa system. The Boulder attack, which resulted in multiple injuries and prompted a heightened national alert, is being cited by the administration as a direct consequence of policy leniency under the Biden White House.

The Trump administration is portraying this latest move as a proactive measure designed to prevent future incidents. “We are taking action to ensure that individuals who pose a threat to our national security never get the chance to do harm,” said a senior Trump advisor who asked not to be named.

While the details of how the partial restrictions will be implemented are still being developed, initial indications suggest that individuals from the seven partially restricted countries may be subject to increased scrutiny during visa applications, additional background checks, and limitations on visa categories such as work, study, and tourism.

Some foreign policy analysts note that the inclusion of countries like Venezuela and Cuba could also reflect geopolitical tensions rather than purely security-based assessments. These analysts suggest that longstanding diplomatic friction with these governments may have influenced the administration’s decision to include them in the proclamation.

As Trump intensifies his rhetoric on national security and immigration ahead of a potential 2024 campaign return, this new travel policy marks a clear continuation of themes that were central to his first presidential run and administration. “America First” remains a rallying cry among Trump supporters, many of whom believe that policies such as travel bans are necessary to preserve safety and order.

Critics, however, argue that such policies risk alienating allies, damaging U.S. global standing, and punishing ordinary travelers who have no connection to terrorism or extremism. Immigration lawyers and advocacy organizations are already gearing up to challenge the new proclamation, and lawsuits are expected in the coming weeks.

For now, the administration appears steadfast in its position that the travel restrictions are vital for national security. “We will not sit idly by while foreign nationals, who pose a threat or come from uncooperative regimes, endanger our communities,” Jackson reiterated in her online post.

While debates over the balance between security and civil liberties are expected to intensify, the Trump administration’s decision to reimpose these restrictions marks one of the most significant immigration policy actions since his departure from office—and a sharp reversal from Biden-era openness.

The White House has indicated that it may consider expanding or adjusting the list of restricted countries in the future, depending on ongoing risk assessments and diplomatic engagement. Until then, travelers from the affected nations are being advised to consult U.S. embassies and immigration authorities for updated information on their eligibility to enter the United States.

In summary, the latest proclamation revives a cornerstone of Trump’s previous immigration strategy, reinforced by the violent events in Colorado. As the administration frames it, this action reflects a renewed effort to safeguard American lives. As Trump put it bluntly in his statement, “We don’t want them.”

From Stateless to Elected: The Journey and Struggles of Bhutanese Hindu Refugees in America

Two decades ago, Bhuwan Pyakurel was living as a marginalized individual in his own country. A member of the Lhotshampa community—ethnic Nepali Hindus in Bhutan—he was exiled due to his religious and cultural identity. The Bhutanese government, under the “One Nation, One People” doctrine led by the Buddhist monarchy, compelled Pyakurel and thousands of others to abandon their homes for refusing to conform. They ended up in refugee camps in Nepal, displaced from the land they once called home.

“They didn’t consider me as a human,” Pyakurel recalled. “They put me in a truck like an animal.”

In 2009, after enduring 18 years as a stateless refugee, Pyakurel and his family finally found hope. They were resettled in the United States through a third-country resettlement program operated by the UN Refugee Agency and the International Organization of Migration. Between 2008 and 2015, this program enabled roughly 80,000 Bhutanese refugees to start new lives in the U.S.

“Coming to this country and getting a citizenship was one of the best things ever I could experience in my life,” Pyakurel said. “The moment I put my feet in the United States, I started thinking, here I am free in a free land, and I can do whatever I want.”

During his citizenship ceremony in 2015, Pyakurel listened carefully when the judge stated that new Americans have both the right and duty to vote and even run for office. He took that encouragement to heart. In 2020, Pyakurel became the first Bhutanese-Nepali elected to public office in the U.S., serving on the city council in Ohio. He refers to the American dream as his “second chance.”

Yet that dream is slipping away for many in his community. Over recent months, numerous Bhutanese refugees have been deported under the Trump administration’s immigration policies. Immigration and Customs Enforcement (ICE) targeted those with criminal convictions, many dating back over a decade. Offenses ranged from minor theft to DUI and domestic abuse. In and around Harrisburg, Pennsylvania—a major center for Bhutanese refugees—ICE has detained over 60 individuals and deported at least 25.

These deportees have been sent back to Bhutan, the same country that exiled them. Some were reportedly redirected to Nepal or India. Advocates now warn these individuals are effectively stateless again, stripped of legal status and reduced to refugees once more.

“We were promised the rights, the freedom of this country,” said Robin Gurung, founder of Asian Refugees United in Harrisburg, which has a Bhutanese population of over 40,000. “To imagine that we will be deported back to the same country that persecuted us, it was never in our mind.”

Gurung himself is a former refugee and has been working tirelessly since March to assist families and raise awareness. Most of the deported are Hindu and had little to no warning, often being taken from their homes or jobs, with children answering the door. Families are still waiting to hear from their loved ones, who may have ended up in refugee camps back in Nepal, joining over 6,000 remaining Lhotshampa.

Although Gurung agrees that lawbreakers should be held accountable, he finds the deportations alarming. Even minor infractions now raise fears within the community, with people uncertain if old offenses or pending legal matters might result in sudden removal from the country. Many are now carrying documentation at all times.

“We are asking for accountability, transparency from the authorities,” Gurung insisted. “We don’t have clear evidence that they followed due process, we don’t know if the deportees were given enough time for the legal representation or were clearly informed about their deportation to Bhutan. And we don’t know if the U.S. government knows the fact that deporting these individuals to Bhutan means putting their lives at risk.”

To date, the Department of Homeland Security and other federal agencies have not offered any public explanation, nor did they respond to requests for comment.

The story of this community begins in the 1980s, when Bhutan’s King Jigme Singye Wangchuck began enforcing a national identity that erased ethnic differences. His “One Nation, One People” policy banned the Nepali language in schools, restructured Hindu temples to fit Buddhist aesthetics, and outlawed many Hindu customs. Citizenship laws became stricter in 1985, rendering longtime Lhotshampa residents illegal. Those who resisted were labeled traitors and expelled, ending up in makeshift bamboo shelters in Nepali refugee camps.

While President George Bush’s 2008 resettlement initiative offered hope, transition to American life wasn’t easy. The Bhutanese began anew, struggling with language barriers and unfamiliar systems. Many youths acted as translators for their parents, and the community experienced high levels of mental illness. NIH research revealed that suicide rates among Bhutanese refugees in the U.S. were nearly double the national average.

Khara Timsina, who leads the Bhutanese Community Association of Pittsburgh, noted that some individuals misused their newfound freedom. “There were some individuals who found that new freedom of alcoholism,” he said, pointing to a rise in crime, including domestic violence and DUI charges.

Over time, however, the community stabilized. Timsina said today’s youth aspire to careers in engineering, healthcare, and entrepreneurship. Programs by groups like BCAP and Asian Refugees United have improved mental health and community support. Still, those who committed early crimes and thought they had moved on with their lives now fear deportation.

“People had thought that even if they had a criminal conviction, they had finished their jail time, so the cases were closed,” said Timsina. “They were back to normal life, working and making their family lives better. But once we started understanding that even those people were picked up, there is fear among other people who have similar situations, like pending cases or legal charges.”

Pyakurel observed that the broader U.S. Hindu community, largely Indian, has remained largely indifferent. “More connection to the administration than ever in the past,” he said, citing one Hindu politician who remarked that criminals “deserved the punishment.” India’s initial refusal to provide aid to the displaced Lhotshampa has complicated matters further.

Despite this, Hinduism continues to offer strength. In places like Harrisburg and Galion, Ohio, Bhutanese Hindu temples have become community hubs where people engage in spiritual, cultural, and political discussions. They also provide Nepali language instruction, yoga, and music classes.

“The temple for our generation is a kind of therapy center,” said Prem Khanal, chair of the Organization for Hindu Religion and Culture in Harrisburg. “We go there, we meet our friends, we share our views and we dance and we sing hymns. And some of the older people who have been parted after leaving Nepal, sometimes they meet for the first time here in the temple after 15 or 20 years. They express their excitement in such a way that they shed tears.”

Narad Adhikari, founder of the Global Bhutanese Hindu Organization in Ohio, echoed similar sentiments. “We are all human beings, you know, and whether knowingly or not knowingly, some people make some mistakes,” he said. “It is our responsibility to take interest and learn from them as well. That way, our neighborhood, our nation, our society, our community, becomes stronger and more peaceful.”

Adhikari believes the greatest gift the Bhutanese refugees have brought to the U.S. is their faith. “Because we came as refugees, the majority of our population were not educated like the modern education here in the United States,” he said. “So what can we contribute to this country as the new citizens of America? We decided, yes, this is Hinduism.”

FBI Launches Major Crackdown on Texas-Based Immigration Fraud Scheme Involving Fake Job Ads

In a significant development, FBI Director Kash Patel has announced a major bust involving a long-running immigration scam allegedly orchestrated by two Pakistani-origin men based in Texas. Abdul Hadi Murshid, 39, and Muhammad Salman Nasir, 35, have been indicted alongside a law firm and a business entity for their involvement in a fraudulent visa operation. The entities implicated are the Law Offices of D. Robert Jones PLLC and Reliable Ventures, Inc., which allegedly served as key platforms for the fraudulent activities.

The FBI disclosed that Murshid and Nasir led a scheme that manipulated the U.S. immigration system through fake job advertisements. These ads were crafted to deceive government authorities into issuing labor certifications required for employment-based visa categories. The suspects exploited visa programs including the EB-2, EB-3, and H-1B categories, misrepresenting non-existent job opportunities to secure legal status for foreign nationals.

Announcing the arrests on social media, FBI Director Kash Patel wrote, “Major arrests out of @FBIDallas. Abdul Hadi Murshid and Muhammad Salman Nasir — two individuals out of Texas who allegedly oversaw and operated a criminal enterprise circumventing American immigration laws by selling fraudulent visa applications. Well done to our FBI teams and partners in the investigation.”

The scheme was designed to appear legitimate on paper. According to the indictment, the defendants began by posting job advertisements for positions that did not actually exist. These ads were created solely to meet Department of Labor (DOL) certification requirements. Once they secured the labor certifications under these false pretenses, they submitted petitions to the United States Citizenship and Immigration Services (USCIS) for employment-based visas.

To further the illusion, the suspects requested large payments from visa seekers as part of the application process. Then, in an attempt to simulate a real employment arrangement, they paid back a portion of those funds to the applicants as if it were actual payroll. This tactic was used to create the appearance of legitimate employment, satisfying government scrutiny and helping applicants eventually obtain green cards.

In many cases, the visa petition and the application for lawful permanent residence were filed concurrently. The goal was to secure not only temporary work visas but also eventual permanent residency for the clients, all based on fictitious job offers. The elaborate process gave applicants the impression that they were legitimately participating in the U.S. immigration system while actually benefiting from an unlawful scheme.

Though the primary suspects are both of Pakistani origin and based in Texas, federal authorities have characterized the operation as global in scale. FBI Dallas Special Agent in Charge R. Joseph Rothrock emphasized the broader implications of the case. “The defendants allegedly oversaw an international criminal enterprise for years that repeatedly undermined our nation’s immigration laws,” Rothrock stated in a press release. “These laws are necessary to protect national security and safeguard the lawful immigration process. The FBI and our law enforcement partners will hold any individual accountable that misuses their position of trust for personal profit.”

The investigation was a collaborative effort involving multiple federal agencies. In addition to the FBI, the Department of Homeland Security (DHS), the United States Citizenship and Immigration Services (USCIS), the Department of State’s Diplomatic Security Service, and the Department of Labor’s Office of the Inspector General all played active roles in unraveling the fraud. The coordinated action among these agencies was critical in building a case against the suspects and ensuring that those exploiting the system are brought to justice.

The indictment paints a picture of a long-running, well-structured operation designed specifically to take advantage of weaknesses in the employment-based immigration system. By offering services that falsely promised legal entry and work authorization in the U.S., Murshid and Nasir reportedly collected significant sums from unsuspecting visa seekers. These individuals were led to believe they were participating in legal procedures, when in reality, they were entangled in a large-scale immigration scam.

The law firm and the business entity involved are believed to have provided a veneer of legitimacy to the fraudulent enterprise. With law offices and a business as a front, the suspects were able to operate under the guise of professionalism and legal compliance. This setup made it easier to attract clients and deflect suspicion, enabling the scheme to continue undetected for years.

Officials say that such operations do more than just violate immigration rules—they also compromise national security and public trust in legal institutions. The misuse of employment-based visa programs not only disadvantages genuine applicants but also risks enabling individuals to enter the U.S. through deceptive means, potentially evading standard vetting processes.

The federal agencies involved have reaffirmed their commitment to identifying and prosecuting those who manipulate immigration laws for personal gain. This case is being viewed as a critical example of the need for vigilance and integrity within the immigration system. Authorities stress that investigations of this nature are necessary to preserve the fairness and security of the processes that allow individuals from around the world to legally live and work in the United States.

At the heart of the case is the blatant misuse of programs intended to fill genuine employment needs in the U.S. economy. The EB-2 and EB-3 visas are typically reserved for skilled workers, professionals, and other individuals whose expertise is in demand. The H-1B visa program is often used by companies to bring in high-skilled workers in sectors such as technology and engineering. By exploiting these channels with fake job postings and sham employment arrangements, the defendants not only compromised the credibility of these programs but also exploited the hopes of individuals seeking a better life in America.

This latest crackdown by the FBI is a reminder that immigration fraud remains a significant challenge for law enforcement agencies. Cases like these reflect the ongoing need for improved oversight, stringent verification, and inter-agency cooperation to safeguard immigration pathways.

As legal proceedings against Abdul Hadi Murshid, Muhammad Salman Nasir, and their affiliated entities continue, federal prosecutors are expected to present further evidence detailing the scope of the scam and its impact on the immigration system. For now, their arrests mark a decisive moment in the federal government’s efforts to clamp down on immigration fraud and restore trust in legal entry programs.

Legal Limbo: How Immigrant Victims of Abuse Face Fear, Myths, and Cultural Stigma

For immigrants caught in abusive relationships or enduring severe marital discord, the conflict extends beyond emotional suffering — it is deeply entangled in legal uncertainty, immigration-related anxieties, and overwhelming cultural shame.

“They told me I’d be deported if I left.”

“He said I’d never see my child again.”

“My parents told me to adjust — ‘What will people say?’”

These painful statements aren’t imagined. They are genuine accounts from individuals wrestling with fear, isolation, and misinformation. They belong to people trapped in complex situations, unsure where to go or who to trust. Their dilemmas reflect a harsh reality where the threat of deportation, loss of custody, or social ostracization becomes a weapon in the hands of an abusive partner.

To delve into this disturbing intersection of domestic violence, legal misconceptions, and cultural expectations, New India Abroad spoke to Stutee Nag, a tri-qualified attorney. With expertise in law across three jurisdictions, Nag sheds light on what immigrant victims need to know, especially those vulnerable due to their immigration status.

According to Nag, many individuals from immigrant communities suffer in silence because of misleading or threatening statements made by their partners. “Often, the abusive spouse tries to exert complete control by spreading lies — like saying the partner will be deported or lose custody if they leave. These are fear tactics, not legal truths,” she said.

Nag emphasized that domestic violence does not discriminate based on gender. “While women are more often the victims, men and people from all gender identities can also be abused. It’s important we don’t generalize. Abuse is abuse, and everyone has the right to be safe,” she noted.

When abuse occurs, victims often hesitate to report it, especially if they’re immigrants dependent on their partner for a green card or visa. Nag pointed out that many do not realize that there are legal provisions specifically designed to protect them.

One such protection comes under the Violence Against Women Act (VAWA), which provides an avenue for abused spouses of U.S. citizens or green card holders to self-petition for lawful status without the help or consent of the abusive partner. “VAWA isn’t just for women,” Nag clarified. “Despite the name, it’s available to all genders and can be a lifeline.”

She also spoke about the U visa, available to victims of certain crimes who are willing to cooperate with law enforcement. This visa, she explained, doesn’t just apply to physical abuse but can also cover mental and emotional harm, depending on the circumstances. “If a person has suffered substantial abuse and assists authorities, the U visa can offer a path to legal status and, eventually, permanent residency,” she said.

A major hurdle for many victims is not knowing that help exists. Fear of legal repercussions, especially deportation, keeps people silent. Cultural expectations add another heavy layer. “In some cultures, divorce or separation is considered taboo,” Nag said. “Victims are told to endure abuse to ‘save the family name’ or for the children. That mindset is dangerous.”

She pointed to how abusers manipulate cultural beliefs to maintain control. Statements like “What will people say?” or “No one will marry you again” are used to shame the victim into staying. “These are not just comments. They’re psychological weapons,” Nag explained. “When combined with threats of legal consequences, they can make victims feel completely powerless.”

Nag encouraged individuals to seek legal advice early, even if they are not ready to take legal action. “Sometimes just knowing your rights is empowering,” she said. “Knowledge can help victims feel in control again.”

She highlighted that speaking with an immigration attorney does not obligate someone to take immediate action. Instead, it opens the door to understanding what options are available. “Even a single conversation can be a turning point,” Nag said.

Another challenge immigrants face is that their abuser may be their only link to the outside world, especially in isolated households where victims are not permitted to work, drive, or access resources. Nag noted that in such cases, victims may feel completely trapped.

“Isolation is a tactic,” she said. “By cutting off access to finances, friends, or even basic communication, the abuser ensures the victim has no way out. That’s why early intervention and community support are crucial.”

Nag also emphasized the role of community organizations, legal aid groups, and shelters that are equipped to help victims in culturally sensitive ways. “There are support systems that understand your background, your fears, and your cultural concerns,” she said. “You are not alone.”

She warned against relying on hearsay or advice from unverified sources. “Too many people trust community gossip or advice from social media, which may not be legally accurate. That misinformation can be incredibly harmful.”

Nag stressed that while it is natural to fear the unknown, the U.S. legal system has checks and balances designed to protect the vulnerable. “No one should stay in an abusive situation because they’re scared of being deported. Legal tools exist, and there are lawyers and advocates who will stand by you,” she said.

According to Nag, leaving an abusive relationship does not mean instant legal chaos. Each case is different, and a qualified attorney can help map out a personalized strategy. Whether it involves VAWA, a U visa, or another pathway, the law provides protection.

She also addressed concerns about children. “Many people are told they will lose custody if they leave. That’s not automatically true. Courts prioritize the best interests of the child — and safety is a major factor,” she explained. “Judges take abuse seriously when making custody decisions.”

Nag urged victims not to let fear paralyze them. “The system is not perfect, but it offers tools and protections. And people are not as alone as they think,” she said.

Ultimately, her message was clear: “No one deserves to suffer in silence. Everyone deserves to be safe — regardless of their gender, background, or immigration status.”

She concluded by saying, “Freedom begins with knowing your rights. Once you do, the fear starts to fade, and you begin to realize — you can leave, you can survive, and you can rebuild.”

Through her legal expertise and empathetic approach, Stutee Nag offers a lifeline to immigrant victims of abuse, reminding them that while the journey out of a toxic relationship can be daunting, it is not impossible — and they do not have to face it alone.

H-1B Visa Program Criticized by Expert as Lacking Merit and Enabling Worker Exploitation

Howard University professor Ron Hira, a long-standing critic of the H-1B visa program, has once again raised concerns about how the system functions, arguing that it lacks any real basis in merit and does not reflect a genuine shortage of American workers for high-skilled jobs. According to Hira, U.S. companies are increasingly misusing the H-1B visa to hire cheaper foreign labor rather than offering those positions to qualified American graduates.

Hira, whose parents immigrated to the United States from India using similar work visas, has consistently advocated for reforms in the visa program. His criticism is deeply personal. In 2016, during a Senate testimony on immigration, Hira disclosed his familial ties to the visa system, stating that both his parents came from India and that his wife was also born in India. And hence to testify against this visa program was very meaningful to him personally.

The H-1B visa program, designed to allow U.S. companies to hire skilled foreign workers in specialized fields such as IT and engineering, has recently come under renewed scrutiny following the release of new data from the U.S. Citizenship and Immigration Services (USCIS). The agency reported that 120,141 H-1B visa applications had been selected for the fiscal year 2026. Although this number is the lowest since 2021, it has still sparked controversy, especially among American tech workers who argue that it is excessive given the widespread layoffs occurring across the industry.

Hira pointed out that the selection of H-1B applicants is done through a random lottery system, not based on qualifications or skills. “H-1B workers get selected by a random lottery and not the best and brightest,” he said. This method of selection, he argues, undermines the original intent of the program, which was to attract top global talent to fill labor shortages in America.

Every year, the USCIS uses a lottery to choose visa recipients whenever the number of applications surpasses the annual cap. The H-1B visa cap is currently set at 65,000 per year, with an additional 20,000 visas available for applicants who have earned advanced degrees from U.S. universities.

The relatively high number of visas selected for 2026 has also confused many observers aligned with the Make America Great Again (MAGA) movement, who had anticipated stricter controls on the program under President Donald Trump’s administration. This reaction comes in the wake of a wider public debate surrounding the H-1B visa program, a debate that has included high-profile figures such as Elon Musk and Vivek Ramaswamy, who have expressed support for the program despite Trump’s tough stance on illegal immigration.

Even Trump himself has commented on the matter. While known for his hardline approach to immigration, he has at times expressed support for legal immigration and the H-1B program specifically. During a past controversy over the visa system, Trump remarked that he was “in favor of H-1B,” signaling a more nuanced position than some of his critics and supporters expected.

Republican leader Virgil Bierschwale has also voiced concerns over the 2026 visa approvals. He questioned whether these visa numbers reflect a premeditated plan by employers to replace existing U.S. workers with foreign hires, despite there being no evidence of new job creation. Bierschwale wrote, “This 2026 visa approval gets me. Over a year ahead of the current date, they already have approved visas. And they must have a job to have a visa. Which means the employer has already picked out the employee they plan on firing since they are not creating new jobs. How is this not fraud at every level?”

Critics like Bierschwale are alarmed by what they perceive as corporate abuse of the visa process, suggesting that it allows employers to sidestep American labor in favor of foreign hires who may accept lower wages and less favorable conditions. This critique is echoed by other organizations, including US Tech Workers, which focuses on defending the interests of American technology professionals.

In a strongly worded post on X (formerly Twitter), US Tech Workers stated, “A huge chunk of H-1B petitions are for jobs that don’t even exist. Indian IT body shops are notorious for hoarding H-1B workers, hoping to lease them out later. If there’s no client, they get ‘benched’—which is illegal. But exploiting desperate migrants is a business model too profitable to quit.”

This comment refers to a practice in which visa holders are recruited by consulting firms and then kept on standby—or “benched”—until a client project is found. This is not only illegal under U.S. labor law but also raises serious ethical concerns about how foreign workers are treated and how companies manipulate the system to their advantage.

The ongoing debate around the H-1B program has highlighted a deeper rift in how Americans view immigration and employment. On one side, business leaders and tech entrepreneurs argue that H-1B visas are essential for maintaining global competitiveness and accessing specialized talent. On the other, critics say the program has deviated far from its original purpose and is now being used to undercut American workers.

What is clear from the recent developments is that the H-1B program continues to be a contentious issue, with no easy consensus on how to balance the needs of American businesses, the rights of American workers, and the aspirations of foreign professionals seeking opportunities in the United States.

Ron Hira remains a central voice in this debate. With his deep personal connection to the immigration system and his academic expertise, he brings a unique perspective to the issue. His continued advocacy for reform reflects a broader concern that the visa system, if left unchecked, could erode the integrity of the U.S. labor market and damage the career prospects of homegrown talent.

As the 2026 visa selections move forward, scrutiny is likely to intensify, especially given the broader political climate and the growing unease about job security in the tech sector. Whether or not reforms are introduced in response to these concerns remains to be seen, but the pressure on lawmakers and federal agencies to reevaluate the H-1B program is only increasing.

India Launches Revamped OCI Services Portal to Simplify Access for Overseas Citizens

Indian Home Minister and Minister of Cooperation Amit Shah officially unveiled a redesigned version of the Overseas Citizen of India (OCI) services portal on May 19 in New Delhi. Shah emphasized that the enhanced platform is expected to significantly improve the experience for over five million OCI cardholders across the globe and will help make the registration process for overseas citizens more seamless.

The inauguration event took place in the National Capital and was attended by senior officials, including the Union Home Secretary and the Director of the Intelligence Bureau. The updated portal, which maintains the existing URL at https://ociservices.gov.in, introduces a modernized interface and added features that are aimed at simplifying the registration and application procedures for OCI cardholders.

Speaking at the launch, Shah stated, “Under the leadership of Prime Minister Narendra Modi, India is continuously striving to provide world-class immigration facilities to its OCI cardholder citizens.” He further noted, “A revamped OCI portal with an updated user interface has been launched to simplify the registration process for Overseas Citizens.”

Reiterating the government’s dedication to supporting the Indian diaspora, Shah highlighted that people of Indian origin living abroad should not encounter any difficulty when they travel to or stay in India. “Many Indian-origin citizens reside in various countries worldwide, and we must ensure they face no inconvenience when visiting or staying in India,” he said.

The OCI scheme, which was introduced via a 2005 amendment to the Citizenship Act of 1955, provides an opportunity for individuals of Indian origin to register as Overseas Citizens of India. This eligibility extends to those who were citizens of India on or after January 26, 1950, or were eligible to become citizens on that date. However, those with ancestry linked to Pakistan or Bangladesh are excluded from the program.

The original OCI services portal, which was launched in 2013, currently handles around 2,000 applications per day. It is active in more than 180 Indian diplomatic missions worldwide and 12 Foreigners Regional Registration Offices (FRROs) within India. According to officials, the need for the updated portal stemmed from both advancements in digital technology over the last ten years and the feedback collected from users seeking improvements.

The redesigned platform brings a host of new features that are intended to enhance usability and overall efficiency. These improvements include a more streamlined sign-up and registration process, automatic population of user details in forms, a personalized dashboard for tracking application progress, and an integrated online payment option for those submitting through FRROs.

Additionally, the portal allows users to edit their application forms anytime before the final submission. Applicants also benefit from automatic reminders prompting them to verify their information. Furthermore, the portal features in-built frequently asked questions (FAQs) and document submission guidelines specific to each application category. To assist with document submissions, there’s a built-in tool that enables users to crop and upload photographs and signatures directly on the platform.

Prime Minister Narendra Modi acknowledged the development as a substantial improvement in India’s digital public service delivery. Sharing his views on social media platform X (formerly Twitter), he said the overhaul of the portal represents meaningful progress in enhancing digital governance for citizens. “With enhanced features and improved functionality, the new OCI Portal marks a major step forward in boosting citizen friendly digital governance,” Modi posted.

The government’s initiative to revamp the portal is in line with its broader push for digital transformation in public services, especially those serving the global Indian community. By addressing long-standing user concerns and streamlining the end-to-end experience, the new system reflects India’s commitment to remain connected with its diaspora and offer them world-class digital infrastructure.

Officials stressed that the changes are not merely cosmetic but reflect substantive improvements in service delivery. The portal has been redesigned with a focus on convenience, speed, and transparency, all while maintaining high standards of security and data integrity.

With these updates now in place, both new applicants and existing OCI cardholders can look forward to an easier, more accessible, and user-friendly digital platform. It is expected that these upgrades will result in faster application turnaround times, better communication with users, and increased satisfaction across the board.

Overall, the revamped OCI services portal stands as a testament to India’s ongoing efforts to simplify and modernize government processes for its global citizens. The launch marks a significant milestone in India’s digital public service journey, especially for those of Indian origin seeking to maintain strong ties with their heritage and homeland.

Trump Adviser Says Ending Due Process for Immigrants Is Under Consideration

Stephen Miller, a senior adviser to President Donald Trump, told reporters on Friday that the administration was actively exploring the possibility of eliminating due process protections for undocumented immigrants in the country.

Speaking outside the White House, Miller said, “The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion. So I would say that’s an action we’re actively looking at.”

He added that much would depend on how the judicial system responds. “A lot of it depends on whether the courts do the right thing or not,” he said, without elaborating on what specific court actions would be considered the “right thing.”

The White House did not immediately offer clarification on Miller’s statements. It remained unclear whether he was referring to a particular group of undocumented immigrants or to all individuals who had entered the United States without authorization. The administration also declined to explain what Miller meant by calling on courts to “do the right thing.”

Miller continued his criticism of the judiciary, asserting that courts had overstepped their bounds in immigration cases. He said, “The courts aren’t just at war with the executive branch; the courts are at war, these radical rogue judges, with the legislative branch as well too. So all of that will inform the choices the president ultimately makes.”

Trump has frequently expressed his irritation with the legal protections granted to immigrants, arguing that constitutional due process provisions were obstructing his immigration agenda. In an interview that aired on NBC News’ “Meet the Press,” Trump voiced his frustration bluntly: “I was elected to get them the hell out of here, and the courts are holding me from doing it.”

During the interview, host Kristen Welker cited the Fifth Amendment of the U.S. Constitution, which states that “no person” shall be “deprived of life, liberty, or property, without due process of law.” She also noted that the Supreme Court has long upheld that noncitizens are entitled to certain fundamental rights. However, Trump responded by saying the protections were burdensome and slow.

“I don’t know. It seems — it might say that, but if you’re talking about that, then we’d have to have a million or 2 million or 3 million trials,” he said. Trump also claimed that many of those the administration was targeting for deportation included “murderers” and “drug dealers.”

Welker pressed further, asking Trump whether he believed he was required to uphold the Constitution. Trump responded ambiguously: “I don’t know. I have to respond by saying, again, I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said.”

There is a clause in the U.S. Constitution that allows for the suspension of habeas corpus during times of rebellion or invasion. Specifically, it states: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Trump previously asserted that the country was facing an invasion in March when he invoked the Alien Enemies Act to transfer suspected members of the Venezuelan gang Tren de Aragua to a prison facility in El Salvador. That act, which has rarely been used, permits the president to detain nationals of hostile countries during times of conflict.

In the related presidential proclamation, the administration claimed the gang “is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.” However, federal judges in three separate states disagreed. They ruled that the criminal activities of the Tren de Aragua gang did not meet the legal definition of an invasion.

To date, the Supreme Court has not issued a definitive ruling on whether the gang’s activities qualify as an invasion. However, the court recently ruled that individuals targeted for deportation are still entitled to due process under the law. In that decision, the justices stated, “AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”

Legal scholars have noted the extraordinary nature of suspending habeas corpus. In an essay for the National Constitution Center, then-judge and current Supreme Court Justice Amy Coney Barrett, along with attorney Neal Katyal, wrote, “A suspension is temporary, but the power it confers is extraordinary. When a suspension is in effect, the president, typically acting through subordinates, can imprison people indefinitely without any judicial check.”

Their essay explained that habeas corpus, a fundamental protection against arbitrary imprisonment, has been suspended only four times in U.S. history. One of the most significant examples occurred during the Civil War when President Abraham Lincoln suspended the writ throughout the country. The most recent instance took place in Hawaii following the Japanese attack on Pearl Harbor in 1941.

Miller’s comments, and Trump’s willingness to consider sweeping action against undocumented immigrants, reflect a broader theme within their immigration policy: that traditional constitutional safeguards should not impede what they see as urgent action to secure the country’s borders. Though such proposals are almost certain to face legal challenges, they continue to generate intense debate over the limits of executive authority and the rights of noncitizens within the U.S. legal system.

Whether the Trump team would be able to suspend habeas corpus during peacetime remains legally uncertain. But their interest in invoking that constitutional provision, based on a perceived invasion, shows a growing determination to test the boundaries of presidential power in immigration enforcement.

The coming months are likely to see this constitutional debate intensify, especially as courts continue to push back on executive attempts to bypass due process requirements. Meanwhile, critics argue that efforts to weaken these protections could undermine the rule of law. Still, for Trump and Miller, the goal remains unchanged: speeding up mass deportations by removing legal barriers.

Bipartisan Lawmakers Urge Expansion of H-1B Domestic Visa Renewal Program Following 2024 Pilot Success

Congressman Suhas Subramanyam, a Democrat from Virginia, has formally called on Secretary of State Marco Rubio to broaden and institutionalize the domestic visa renewal process for H-1B and other low-risk visa categories. Subramanyam was joined in this bipartisan initiative by Representatives Raja Krishnamoorthi, a Democrat from Illinois, Rich McCormick, a Republican from Georgia, and 17 additional members of Congress. The group of lawmakers emphasized the importance of building on the achievements of the 2024 pilot program that permitted eligible H-1B visa holders to renew their visas while remaining inside the United States.

In their letter to the Secretary of State, the lawmakers outlined several reasons why this change is necessary. They highlighted the positive impact of the pilot program on domestic biometric processing capabilities and underscored the benefits of reducing delays, lowering costs, and decreasing the workload on U.S. embassies abroad. According to their assessment, continuing and expanding the program would yield significant administrative and economic advantages.

“The current process to renew H-1B visas is cumbersome and needs to be modernized,” stated Congressman Suhas Subramanyam. He went on to explain that the bipartisan proposal was grounded in the successful results of the 2024 pilot initiative. “This bipartisan proposal, based on a successful bipartisan 2024 pilot program, will help streamline the H1-B process and avoid unnecessary processing delays.”

The 2024 pilot program was introduced on January 29 and provided 20,000 H-1B visa holders with the option to renew their visas domestically. This move eliminated the requirement for these individuals to travel internationally to get their visas revalidated. The program applied only to those whose previous visas had been issued in either India or Canada within specific time frames. Another stipulation was that their biometric data had to be already recorded and deemed reusable. Approximately half of those who benefited from the program were Indian nationals, reflecting the high concentration of Indian professionals working in the United States under the H-1B category.

Congressman Raja Krishnamoorthi hailed the pilot program’s outcome and expressed strong support for its continuation and expansion. “The 2024 pilot program for domestic visa renewals was a commonsense success, and now it’s time to build on that momentum,” he said. Krishnamoorthi further emphasized the broader implications of the program for the U.S. economy and workforce. “Expanding and formalizing this program will reduce red tape, strengthen our economy, and help ensure that the United States continues to attract and retain the best and brightest talent from around the world.”

Congressman McCormick also shared his backing for the initiative, noting that improving upon the pilot program would show that immigration reform and system modernization are not mutually exclusive with national security. “Building on the pilot will demonstrate that we can modernize our immigration system while maintaining security and efficiency,” he remarked.

The lawmakers’ letter also urged the State Department to broaden the scope of visa categories eligible for domestic renewal. Specifically, they advocated for the inclusion of additional low-risk visa types such as E, I, L, O, and P. Moreover, they recommended that the eligibility criteria for these visa renewals be clarified to reduce confusion and ensure consistent implementation across applicants and cases.

The proposed expansion received robust support from several immigration advocacy organizations. Among those endorsing the initiative were the American Immigration Lawyers Association, FWD.us, the Institute for Progress, and the Economic Innovation Group. These organizations argued that a more expansive domestic visa renewal process would relieve pressure on U.S. consulates overseas, help retain highly skilled professionals, and reinforce the competitiveness of the American economy on the global stage.

According to these advocates, the current visa renewal framework, which often requires foreign nationals to leave the United States and face uncertain timelines and administrative hurdles at U.S. consulates abroad, poses significant personal and professional risks. In contrast, allowing visa renewals to take place domestically would eliminate many of these challenges while also streamlining administrative operations for the State Department.

Supporters argue that the ability to renew visas domestically would be especially beneficial for individuals working in sectors vital to the American economy, such as technology, healthcare, research, and academia. Many of these professionals are employed under H-1B and related visa categories and are integral to innovation and productivity in their respective fields.

By cutting through bureaucratic barriers and facilitating a more efficient process, lawmakers believe the domestic renewal program could make the United States a more attractive destination for top global talent. Congressman Krishnamoorthi reiterated this point, stating again that expanding the program would “help ensure that the United States continues to attract and retain the best and brightest talent from around the world.”

The lawmakers further noted that the 2024 pilot’s success provided a strong foundation upon which a permanent and comprehensive policy could be developed. They urged the State Department to act swiftly and decisively to formalize the process and expand its reach.

In their view, delaying the formalization and expansion of the domestic renewal program would represent a missed opportunity to improve efficiency, support American employers, and provide greater certainty to visa holders who are already contributing to the U.S. economy.

By easing the administrative burden on overseas consulates and enabling visa holders to avoid expensive and often disruptive international travel, proponents believe this change would bring immediate benefits. Additionally, streamlining the renewal process domestically would reflect broader efforts to modernize immigration services while maintaining strict security protocols through the use of existing biometric data.

In summary, the letter from Congressman Subramanyam and his bipartisan colleagues represents a concerted push to modernize and improve the U.S. visa system, starting with the renewal process for H-1B and other low-risk visa holders. The lawmakers, joined by immigration advocacy groups, are calling on the State Department to take concrete steps to transform the pilot program into a permanent policy that will serve both national interests and the individual needs of visa holders. With widespread support and clear evidence of success from the 2024 pilot, advocates see this moment as a pivotal opportunity to enact meaningful reform.

US Offers $1,000 and Free Travel to Undocumented Migrants Who Choose Voluntary Exit

The United States government has introduced a new initiative that provides financial and travel assistance to undocumented migrants who voluntarily decide to leave the country. The offer includes a $1,000 payment along with free transportation to their country of origin.

Homeland Security Secretary Kristi Noem emphasized the advantages of the program, stating, “Self-deportation is the best, safest and most cost-effective way to leave the United States to avoid arrest.” This statement was part of the official announcement made on Monday regarding the policy.

President Donald Trump, who returned to office in January, has made illegal immigration a central focus of his administration’s early actions. During a discussion with reporters on the same day as the announcement, Trump added that individuals who choose to self-deport under this scheme might later be granted an opportunity to return to the United States through legal channels. “We’re going to work with them so that maybe someday, with a little work, they can come back in if they’re good people, if they’re the kind of people that we want in our [country],” Trump explained.

The administration’s broader immigration crackdown has included several contentious strategies. Some of these tactics have drawn criticism and sparked legal disputes, such as the president’s use of a centuries-old wartime law to support immigration enforcement. Nevertheless, the White House maintains that these actions are necessary to restore control at the nation’s borders and reduce the number of undocumented individuals residing in the U.S.

According to a news release from the Department of Homeland Security (DHS), migrants who volunteer for the self-deportation program will not be a top priority for detention by immigration authorities. This provides an added incentive for those seeking a less confrontational departure from the country. DHS officials confirmed that the first person to take advantage of the offer had already been sent on a flight from Chicago to Honduras.

A key component of the program is the use of the CBP Home app, which facilitates confirmation of an individual’s return to their home country. Officials describe this method as not only efficient but also respectful. In the words of the DHS release, the initiative is intended to offer a “dignified” exit for migrants, as well as help the government significantly reduce the financial burden associated with formal deportation procedures.

Deporting a single migrant, when done through traditional channels that include arrest and detention, costs the government an average of more than $17,000. By contrast, offering $1,000 and a plane ticket is a more economical solution that aligns with the department’s cost-saving goals.

The administration hopes that by removing some of the barriers to voluntary departure, more migrants will choose to leave on their own rather than face detention and legal proceedings. This would reduce strain on federal resources while allowing the government to focus its enforcement efforts on high-priority cases.

Trump’s administration has continued to tout its early successes in curbing illegal immigration. Within just three months of returning to office, officials have highlighted a notable drop in illegal border crossings as evidence that their approach is working. Statistics from the U.S. Border Patrol reveal that in March, arrests at the southern border fell to just over 7,000 — the lowest number recorded in a single month.

In addition to fewer border crossings, the president has pointed to increased enforcement actions by Immigration and Customs Enforcement (ICE) within the interior of the country. These domestic detentions serve as further evidence, according to Trump and his allies, that the current strategy is producing measurable results.

Despite these claimed victories, the administration has not yet achieved all of its immigration-related goals. Notably, it has fallen short of the promised number of deportations. Furthermore, attempts to alter constitutional interpretations regarding birthright citizenship have faced judicial opposition. Courts have so far blocked efforts to deny automatic U.S. citizenship to children born on American soil to undocumented parents.

The self-deportation incentive program, while praised by some for its cost-effectiveness and potential humanitarian benefits, has also drawn sharp criticism from immigration advocates and Democratic lawmakers. Among the vocal opponents is Representative Adriano Espaillat, a Dominican-American member of Congress representing the Democratic Party. Writing on X (formerly Twitter), Espaillat condemned the financial incentive model, saying, “We don’t bribe people to leave. We build a country where everyone belongs.”

Critics argue that offering money and travel expenses to undocumented migrants in exchange for their departure sends the wrong message and undermines the U.S.’s image as a land of opportunity. They claim that it further marginalizes vulnerable communities rather than offering real solutions through comprehensive immigration reform.

Nonetheless, the administration maintains that the program is an essential part of a broader effort to restore integrity to the U.S. immigration system. By combining voluntary departure options with stricter enforcement, officials hope to establish a new standard for managing illegal immigration without relying entirely on detention and deportation.

Officials have reiterated that participation in the self-deportation program is entirely voluntary and framed it as an opportunity for individuals to leave the U.S. on their own terms, with some degree of dignity and assistance. Though the program is still in its early stages, the DHS expects more migrants to participate as awareness grows and logistical processes become smoother through digital tools like the CBP Home app.

While there is no certainty regarding how many people will ultimately take advantage of the offer, the government is optimistic that the program will alleviate pressure on enforcement agencies and potentially pave the way for some participants to reenter the country through legal means in the future.

Trump further reinforced this point when he addressed the long-term implications of the policy. Referring to those who may one day be permitted to return, he said, “The question of whether any given migrant would one day be offered a legal route back to the US was one of national interest.”

As the initiative unfolds, both supporters and critics will be watching closely to see whether it delivers on its promise of being a humane and cost-effective solution to one of the most polarizing issues in American politics. Whether this program becomes a lasting element of U.S. immigration policy or simply a temporary measure will likely depend on its effectiveness and public reception in the months ahead.

International Students in the U.S. Avoid Travel Amid Visa Crackdown and Legal Uncertainty

An international student from the University of California, San Diego, who had planned a trip to Hawaii with friends during summer break from a Ph.D. program, ultimately decided not to go. The student’s decision was influenced by a wave of legal status revocations affecting international students across the United States. Despite the trip being domestic, the perceived risks were too high.

“Any travel, even inside the U.S., just didn’t seem worth the risk,” the student said, speaking anonymously due to fear of becoming a target. “I probably am going to skip that to … have as few interactions with governments as possible.”

This sense of unease is not unique. International students nationwide are reconsidering travel plans to visit family, take vacations, or conduct research due to the Trump administration’s intensified immigration enforcement, which has fostered an atmosphere of insecurity. The situation has become more alarming with the sudden revocation of legal status for many international students, prompting universities to advise extreme caution.

Even before these status terminations became widely known, some universities had already started urging students and faculty to delay travel. Their warnings referenced heightened efforts by the federal government to deport individuals involved in pro-Palestinian activism. But with hundreds of students now facing loss of legal status, many institutions have issued stronger guidance against non-essential travel, particularly international travel.

For instance, the University of California, Berkeley recently released an advisory noting that overseas trips posed a risk due to “strict vetting and enforcement.” This warning reflects the increasing complexity and unpredictability of immigration procedures for international students.

According to a review conducted by the Associated Press using university statements, official communications, and court records, at least 1,220 students across 187 higher education institutions have had their visas revoked or their legal status stripped since late March. However, that number may significantly underestimate the full impact. Based on an April 10 response from Immigration and Customs Enforcement (ICE) to Congressional inquiries, 4,736 international students had their visa records terminated in the federal database used to track their status.

This abrupt change has left many students in a precarious position. Some have chosen to leave the country voluntarily, while others have gone into hiding to avoid deportation. Many of these students insist they were unaware of any infractions or claim they had committed only minor violations, leaving them bewildered as to why their legal status was removed.

In some cases, federal judges have intervened, citing concerns about the students’ due process rights. These rulings prompted the U.S. government to reverse some terminations. However, rather than scaling back, immigration authorities issued new policies that expand the grounds on which a student’s legal status can be revoked.

Previously, international students could remain in the U.S. to complete their studies even if their visa was revoked, though they wouldn’t be allowed to reenter the country if they left. Under the new policy, the revocation of a visa alone is now sufficient cause for losing legal status—even without leaving the U.S.

This rapidly evolving legal environment has made it increasingly difficult for colleges to provide reliable guidance to their international students. A college employee in Michigan who assists international students with visa procedures reported a surge in questions about summer travel. “They are inquiring more than ever,” the employee said, speaking anonymously because they were not authorized to speak publicly. “But I often don’t have enough answers to give them.”

Last year, around 1.1 million international students were enrolled in U.S. institutions, providing a vital source of tuition revenue. Many education advocates worry that the ongoing immigration crackdown will damage the country’s appeal to these students, causing a long-term decline in enrollment.

Rishi Oza, an immigration lawyer in North Carolina, said his law firm has been inundated with inquiries regarding travel risks. “Over the past few weeks, we’ve received calls almost daily from people of various immigration statuses, including international students,” Oza said.

“You kind of shake your head and say, ‘Is this the character of the country we want?’” he added. “It just seems that it’s a bit out of whack that people are fearful of leaving and whether they’ll be able to come back.”

Oza advises students with visas to critically assess whether travel is essential. If they must travel, he recommends carrying comprehensive documentation—including immigration papers, academic transcripts, and court records if applicable—when trying to reenter the U.S. However, he cautioned that even the best preparation doesn’t guarantee smooth reentry. “Ultimately, lawyers can’t foretell what will happen at the airport,” he noted.

This unpredictability has left students like one at the University of Illinois feeling overwhelmed. The student, also requesting anonymity, has kept a low profile after a classmate lost their legal status and had to leave the country.

The student plans to return home to Asia during the summer but is deeply anxious about what might happen upon his return. With no place else to stay in the U.S., he has already purchased his ticket and is committed to the trip. Yet, his apprehension about reentry remains strong.

“Right now,” he said, “I’m afraid I might not be able to come back.”

This growing unease among international students represents a broader fear that the U.S. is becoming less hospitable to global academic talent. The legal ambiguity and frequent policy shifts have created an environment where students are unsure if studying in the U.S. is worth the stress and risk.

With legal status increasingly fragile and the threat of sudden deportation looming, students are forced to weigh whether their dreams of an American education are compatible with a system that could strip them of everything for reasons they may not fully understand.

Christopher L. Keller of the Associated Press contributed reporting from Albuquerque, New Mexico.

The Associated Press’ education coverage receives funding from several private foundations, but AP is solely responsible for its content. Details about AP’s standards, funders, and areas of focus are available at AP.org.

H-2B Visa Cap Reached for Returning Workers, but 20,000 Slots Still Open for Select Nations

Foreign nationals seeking seasonal employment in the United States must take note of recent changes in the H-2B visa program. As of April 18, 2025, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that the cap for an additional 19,000 H-2B visas designated for returning workers in the early second half of fiscal year 2025 has been fully reached.

This update is particularly relevant for U.S. employers aiming to hire seasonal workers for job start dates between April 1 and May 14, 2025. The quota has been met, suggesting that the limit for this specific group of visas has likely been exhausted, and no new petitions under this allocation will be accepted.

The H-2B visa is a nonimmigrant work visa that enables U.S. employers to temporarily bring in foreign workers to fill non-agricultural roles during times when there are not enough American workers available to do the job. This visa category is commonly utilized by industries such as hospitality, landscaping, construction, seafood processing, as well as amusement and recreation. Its primary objective is to support U.S. businesses that face workforce shortages during peak seasons and other short-term labor demands.

Even though the 19,000 additional visas for returning workers are no longer available, 20,000 H-2B visas still remain for workers from a specific group of countries. These countries include El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. Importantly, foreign nationals from these seven nations do not have to meet the returning worker criteria that applied to the 19,000-cap visas.

This reserved set of visas serves a dual purpose: it provides more legal avenues for foreign employment in the U.S. and strengthens collaborative efforts with key regional partners. According to USCIS, “This carve-out aims to promote legal migration pathways and strengthen regional workforce partnerships.”

To be eligible for an H-2B visa, both the employer and the prospective employee must meet specific criteria. For U.S. employers, eligibility hinges on proving that their need for foreign labor is temporary—whether seasonal, based on peak load, intermittent, or a one-time occurrence. In addition, they must demonstrate that there are no qualified and available American workers to fill the roles and must secure a temporary labor certification from the U.S. Department of Labor.

On the other hand, foreign nationals must belong to a country approved for participation in the H-2B visa program. For the 19,000 returning worker allocation, eligibility required prior H-2B visa approval during fiscal years 2022, 2023, or 2024. However, the 20,000 reserved visas for the seven designated countries do not impose such a requirement.

The list of countries whose nationals are eligible for the H-2B visa program is determined each year by the Secretary of Homeland Security, in coordination with the Secretary of Labor and the Secretary of State. The latest list, effective as of November 8, 2024, includes the following nations: Andorra, Argentina, Australia, Austria, Barbados, Belgium, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Eswatini, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Mozambique, Nauru, Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Cyprus, Romania, Saint Lucia, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Turkey, Tuvalu, Ukraine, United Kingdom, United States, Uruguay, and Vanuatu.

This comprehensive list highlights the global reach of the H-2B visa program. However, the seven designated Central and South American countries—El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica—have been specifically carved out in this latest allotment of 20,000 visas, making it easier for nationals of these countries to participate without prior H-2B visa history.

For potential workers from these regions, the opportunity remains significant. If you are a national of one of these countries and are seeking seasonal work in the US, exploring the H-2B visa could be a viableoption.

Employers should also take note of what steps to take now that the cap for returning workers has been filled. If a business is facing serious operational challenges due to labor shortages, it might still be eligible to submit a petition—provided it plans to hire workers from the 20,000-reserved pool. Otherwise, the USCIS has made it clear that new applications under the returning worker category will no longer be considered.

Additionally, employers must comply with all documentation and filing protocols, including the submission of Form I-129 and all labor certification requirements. Failure to meet these administrative obligations can result in delays or denials, even if the employer is otherwise eligible.

The key message here is that while one pathway has closed, another remains open. The H-2B visa continues to play a pivotal role for industries in the U.S. experiencing seasonal workforce shortages. Moreover, it provides a vital, lawful route for foreign workers who want to contribute to the U.S. economy on a temporary basis.

While the early second-half cap for returning H-2B workers has been filled, there’s still a significant opportunity for employers and workers from seven eligible countries. The H-2B program remains a critical lifeline for industries facing labour shortages and a valuable legal pathway for foreign workers seeking temporary employment in the U.S.

In summary, even though the specific allocation for returning workers under the H-2B program has reached its limit, hopeful applicants from select Central and South American nations still have a substantial chance of securing seasonal employment in the United States. U.S. employers struggling with labor gaps should pivot toward this remaining option if they wish to meet staffing needs for the upcoming season.

New US Visa Policy 2025 Offers Greater Opportunities for Families, Students, and Skilled Workers

In 2025, the United States introduced significant updates to its visa policy, creating more avenues for families, students, and skilled workers to enter the country. These changes have also simplified the application process by removing many previous restrictions. The New US Visa Rules are aimed at attracting talented individuals from across the world and strengthening America’s position as a hub for innovation. The adjustments have made it easier for people to live, work, or study in the United States, particularly for those who prefer not to rely on employer sponsorship to obtain a visa.

One of the most notable shifts in the 2025 visa rules is that highly skilled individuals are now permitted to apply independently to move to the United States without needing a job offer beforehand. In the past, obtaining a US work visa usually demanded sponsorship from an employer, which presented a significant obstacle for many international professionals. Now, talented individuals can take control of their futures and launch their careers in America without depending on a company, thanks to the updated EB-2 National Interest Waiver (NIW) and O-1 visa options. For more detailed information on the New US Visa Rules, individuals are encouraged to visit the official website of the US Department of State’s Bureau of Consular Affairs at www.travel.state.gov.

The 2025 US visa policy changes are overseen by the Department of State, Bureau of Consular Affairs. The program is officially titled New US Visa Rules and applies to the United States. The visa types included in this update are the EB-2 NIW and the O-1 Visa. Eligibility is geared towards individuals with advanced degrees or extraordinary skills, with the program falling under the category of Government Aid. The official website for more information is https://travel.state.gov/.

The EB-2 National Interest Waiver allows professionals with advanced degrees or individuals with extraordinary abilities in fields like science, business, or the arts to qualify for a US visa. Under this category, applicants do not need a job offer or employer sponsorship if they can demonstrate that their work benefits the country and that they intend to continue this work within the United States. This visa is particularly well-suited for those whose contributions align with critical national interests, such as improving public health, boosting innovation, or enhancing the economy.

The O-1 visa is designed for individuals who possess extraordinary ability in specific areas, including science, education, arts, or business. It targets professionals who have received national or international acclaim and are recognized as leaders in their respective fields. Qualification for the O-1 visa might include achievements such as winning prestigious awards, appearing in prominent publications, or making significant contributions in their domain. While a formal job offer is not always mandatory, most applicants do require a US sponsor or agent to apply, especially if they plan to work independently with multiple clients.

Applicants hoping to qualify for either the EB-2 NIW or the O-1 visa must prepare and submit comprehensive documentation that verifies their credentials and accomplishments. For the O-1 visa in particular, evidence might include features in major media outlets, publication in academic journals, or membership in exclusive organizations relevant to their expertise. In both visa categories, US immigration officials evaluate not just the applicant’s previous achievements but also their potential future contributions to the United States.

The United States continues to be an attractive destination for talented workers from all over the world, due to its high quality of life, competitive salaries, and vibrant industries. Many sectors such as technology, healthcare, and finance offer abundant opportunities for career development and advancement. Additionally, living in the US provides individuals with access to a dynamic lifestyle, superior infrastructure, and the experience of a rich multicultural society.

Several frequently asked questions have arisen in connection with the New US Visa Rules 2025.

One common question is, “What is the major change in the 2025 US visa policy?” The answer is that skilled individuals can now apply for US visas without needing a job offer or employer sponsorship.

Another frequent question is, “What is the EB-2 National Interest Waiver (NIW) visa?” This visa is specifically for highly skilled professionals whose work benefits the United States, allowing them to apply without the need for a job offer.

People also ask, “Who qualifies for the O-1 visa?” The answer is that individuals with exceptional talent and expertise in fields like science, arts, sports, or business are eligible to apply for an O-1 visa.

These sweeping changes to the US visa system are designed to ensure that America continues to attract some of the brightest and most capable minds from across the world. By providing easier access through independent application routes, the United States hopes to bolster its reputation as a global leader in innovation, business, and culture.

The introduction of these new visa pathways comes at a crucial time when countries around the world are competing to attract top talent. The EB-2 NIW visa, with its focus on serving national interests, emphasizes America’s recognition of the importance of skilled immigrants who can contribute significantly to its growth. Similarly, the O-1 visa, which honors those with extraordinary abilities, highlights the United States’ continued commitment to excellence and achievement across various sectors.

Overall, the New US Visa Rules 2025 symbolize a major step forward in immigration reform by balancing the need for talent with a modernized and more accessible system. Skilled professionals now have more options to achieve their American dream without the burdensome necessity of finding an employer willing to sponsor them at the outset. This adjustment reflects an understanding of the global competition for expertise and the strategic advantage that an open and innovative immigration system can bring to the United States.

Those interested in exploring these new opportunities further are encouraged to review the latest updates and detailed guidance available on the official US Department of State’s Bureau of Consular Affairs website at www.travel.state.gov.

By empowering talented individuals to come to America based on their merit and potential alone, the United States is setting the stage for a more dynamic and prosperous future. Whether it is through advancing public health initiatives, driving scientific discoveries, strengthening the arts, or pushing the boundaries of business innovation, these new visa options aim to ensure that the country continues to benefit from the contributions of the world’s best and brightest.

Fresh Hurdles for H-1B Applicants as USCIS Demands Home Addresses and Biometrics

In a new complication for individuals seeking H-1B visas, federal immigration authorities are now requiring applicants to submit their home addresses and biometric data for H-1B and employment-based immigrant petitions. This move has raised concerns among immigration attorneys, who point out that requesting biometrics for these petitions is highly uncommon. The U.S. Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) asking for this additional information.

A Request for Evidence, or RFE, is an official notice issued by USCIS when it determines that more documents are needed to properly evaluate a petition. It should not be interpreted as a denial but rather as a normal step in the process when an application is incomplete or lacks sufficient documentation. According to the USCIS’s own policies, an RFE must clearly detail which eligibility requirements have not been satisfied, explain why the submitted materials are inadequate, and provide guidance on what further evidence could help fulfill the criteria.

These RFEs are a routine part of immigration procedures, particularly when there are missing documents, inconsistencies regarding project information, or a lack of adequate supporting evidence. However, the nature of the current RFEs has sparked unease among legal experts who feel that this particular type of request is out of the ordinary.

A critical question now being asked is whether this new development signals an effort to specifically target H-1B applicants as part of a broader crackdown on immigration.

Vic Goel of the immigration law firm Goel & Anderson shared his concerns with Forbes, highlighting how unusual the situation is. He noted, “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark. It appears that DHS [Department of Homeland Security] may be using AI tools to flag individuals based on undisclosed data, possibly from social media or other government databases.” Goel emphasized that in typical H-1B and employment-based petition cases, biometric data collection has not been a standard requirement, making these RFEs highly atypical.

Further complicating the matter is the language used by USCIS adjudicators in the Requests for Evidence. As reported by Forbes, a USCIS adjudicator stated in one RFE, “We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we required an updated address for the beneficiary so that we may collect biometric data.” This phrasing has added to the confusion and concern among employers, attorneys, and applicants, as it hints at the presence of unspecified negative information without offering any concrete details.

The mention of “adverse information” ties into the wider context of increasing immigration enforcement actions under recent federal policies. It aligns with the broader trend of heightened scrutiny and vetting processes for immigrants, a shift that has been openly endorsed by political leaders.

Secretary of State Marco Rubio recently spoke about the importance of tightening immigration controls to ensure national security. In his remarks, Rubio emphasized the ongoing responsibility of the U.S. government to monitor visa holders even after a visa has been granted. He said, “US visa holders should know in no uncertain terms that the US government’s rigorous security vetting does not end once a visa is granted.” Rubio’s statement underlines the administration’s commitment to maintaining strict oversight over immigrants long after their initial entry into the country.

The practice of issuing RFEs for home addresses and biometrics without clearly identifying the adverse information has drawn strong reactions from the legal community. Many attorneys are questioning whether these measures are appropriate or legally justified given the traditional norms associated with employment-based petitions. Some believe that the government’s use of artificial intelligence tools and cross-referencing data from social media or other databases could raise concerns about privacy, transparency, and due process.

Legal experts are also concerned that this could be a precursor to a broader pattern of surveillance and enforcement that disproportionately impacts certain groups of immigrants. Without clear explanations from the government, employers are left uncertain about how to comply, and applicants are left wondering about the status and security of their cases.

Given the growing complexity and unpredictability surrounding immigration processes, many immigration attorneys are advising their clients to prepare meticulously and to respond promptly to any USCIS requests. They recommend ensuring that all personal information is accurate, all documents are up to date, and legal counsel is sought immediately upon receiving an RFE that involves biometric data collection.

Meanwhile, USCIS has not issued a formal explanation about the policy change or addressed concerns regarding the use of undisclosed data sources to evaluate immigrant petitions. Without such clarification, speculation continues about whether these RFEs are isolated incidents or part of a deliberate policy shift aimed at tightening control over employment-based immigration.

Overall, the combination of heightened scrutiny, vague allegations of “adverse information,” and new demands for biometrics is creating a chilling effect on potential immigrants and employers alike. Many fear that these changes could discourage talented professionals from seeking opportunities in the United States at a time when the country faces significant challenges in attracting global talent.

In sum, while Requests for Evidence are a normal part of the immigration process, the current wave of RFEs requesting home addresses and biometrics for H-1B applicants represents an unusual and potentially troubling development. As Vic Goel noted, “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.” Until USCIS offers greater transparency, uncertainty will continue to overshadow the immigration landscape, making it more challenging for individuals and businesses to navigate the system.

Government Tightens Passport Rules with New Requirements and Privacy Enhancements

In a major policy overhaul, the central government has introduced stricter rules for passport applications, revising documentation standards and streamlining procedures. These changes, which came into effect from October 1, 2023, are aimed at enhancing security, improving efficiency, and protecting citizens’ personal information. The revised regulations include mandatory documentation updates, the introduction of new privacy features, and infrastructural expansion plans. Below are the five most important aspects of the new passport rules.

One of the most significant changes is the mandatory requirement of a birth certificate for certain applicants. As per the new regulation, individuals born on or after October 1, 2023, must provide a birth certificate as the exclusive official document to prove their date of birth. The certificate must be issued by the Municipal Corporation, the Registrar of Births and Deaths, or any other authority empowered under the Registration of Births and Deaths Act, 1969. This measure intends to bring uniformity and clarity to the documentation process for new applicants.

For applicants born before this cutoff date, the government has maintained flexibility by allowing them to use alternative documents. These may include extracts from service records, a PAN card, a driving licence, a school leaving certificate, or a matriculation certificate. This distinction between new and existing applicants ensures that older individuals are not burdened with the task of obtaining new documents, while enforcing stricter standards for those born from the designated date onward.

The second major change pertains to how residential addresses are recorded and displayed in passports. In a move intended to enhance security and preserve privacy, residential addresses will no longer be printed on the last page of passports. Instead, a digital barcode will store this information. Immigration officials will be able to scan the barcode to retrieve the applicant’s address details when needed.

This digital shift aligns with global trends in passport modernization, where sensitive information is increasingly stored in machine-readable formats rather than being openly displayed. By embedding the residential address in a barcode, the government hopes to reduce the misuse of personal data while ensuring that officials can still access the required information quickly and efficiently. This update represents a clear move toward making Indian passports both more secure and technologically advanced.

In an effort to make passport types more identifiable and systematic, the government has also introduced a new colour-coding system. According to the revised framework, different types of passports will now be distinguished by their colour. White passports will be issued to government officials, red passports will be designated for diplomats, and blue passports will continue to be used for ordinary citizens.

This classification aims to make it easier for immigration authorities and officials to quickly identify the nature of a passport holder’s role or purpose of travel. The system brings India in line with several other countries that already use passport colours to indicate various categories of travelers. While the blue passport remains the standard for the general population, the new white and red passports will make distinctions clearer for those representing the country in an official capacity.

Another noteworthy change in the passport format involves the removal of parents’ names from the last page. The government has decided to do away with the earlier practice of including the names of the passport holder’s mother and father on the document. This change is largely driven by privacy considerations and the aim to create a more inclusive system for individuals from diverse family backgrounds.

For people from single-parent households or those who are estranged from one or both parents, the earlier requirement often led to discomfort and administrative complications. By removing this condition, the government is hoping to provide a more equitable experience for all citizens. This move has been widely welcomed by privacy advocates and individuals from non-traditional family structures.

The final key reform is the planned expansion of passport services through the increase in the number of Post Office Passport Seva Kendras (POPSKs). Currently, there are 442 such centres across the country. As part of the new policy, the government intends to raise this number to 600 over the next five years. This expansion is expected to significantly improve the accessibility of passport-related services, especially in semi-urban and rural regions.

To facilitate this development, the Department of Posts and the Ministry of External Affairs (MEA) have renewed their existing Memorandum of Understanding (MoU) for another five years. This continued partnership ensures that the necessary infrastructure and operational support will be available for the proposed growth. By expanding the POPSK network, the government aims to bring passport services closer to people’s homes, reducing travel time and making the entire process more convenient.

According to officials, these changes are part of a broader effort to create a passport application system that is not only more secure but also faster and easier for citizens to navigate. By introducing stricter documentation for future applicants, digitizing personal data, and simplifying passport formats, the government is taking steps to minimize bureaucratic hurdles while enhancing the integrity of the process.

“The new rules are meant to streamline the passport issuance process and strengthen data security,” a senior government official explained. “We believe these changes will result in a safer and more citizen-friendly experience.”

Overall, the revised passport rules reflect a clear push toward modernization and standardization. The use of digital tools to store sensitive information such as residential addresses, the removal of potentially intrusive personal details, and the differentiation of passport types through colour-coding are all steps in the direction of improving both functionality and privacy.

In summary, the central government’s new passport regulations, which took effect from October 1, 2023, introduce a mandatory birth certificate requirement for newer applicants, digitize address storage using barcodes, implement a passport colour-coding system, eliminate the need to print parents’ names, and plan for the expansion of passport service centers. Each of these changes is designed to make the process of applying for a passport more efficient, secure, and inclusive for Indian citizens.

Trump Administration Enforces Old Immigration Rule, Mandates Legal Status Proof for All Non-Citizens

Non-citizens residing in the United States, whether they are on H-1B work visas, F-1 student visas, or other legal permits, are now required to carry proof of their legal immigration status at all times. This requirement comes under a new directive from the Donald Trump administration, which became effective on April 11. The directive is part of a broader executive order titled ‘Protecting the American People Against Invasion’ and is intended to intensify immigration enforcement efforts, with the potential for deportation targeting individuals lacking legal status.

This latest move is essentially a stricter application of a pre-existing law. The foundation of the policy lies in the Alien Registration Act of 1940, a law that required immigrants to register with the U.S. government. Although it existed for decades, the rule was not enforced consistently. The new directive revives this old requirement under what is now being called the Alien Registration Requirement (ARR), implementing clearer timelines and harsher penalties for non-compliance.

Under the updated regulation, all non-citizens who are 14 years or older and have been living in the U.S. for over 30 days must register using Form G-325R. For children under 14, parents are responsible for registering them. Additionally, new immigrants must complete registration within 30 days of entering the U.S. Failure to comply could lead to penalties such as fines, jail sentences, or a combination of both. Any change in residential address must be reported to the authorities within 10 days. Furthermore, children who turn 14 must re-register and submit their fingerprints within 30 days.

This rule is particularly significant for Indian nationals and other legal immigrants living in the United States. There are approximately 5.4 million Indians in the country, among whom around 220,000 are believed to be undocumented. Legal residents such as H-1B visa holders and international students are not required to fill out the registration form again since they are already officially registered. However, they are still expected to carry documents that confirm their legal status.

“This measure intends to enhance national security by ensuring that all individuals in the country are properly documented,” said Aurelia Menezes, a partner at King Stubb & Kasiva, Advocates and Attorneys, in a statement to Business Standard. She also noted, “It also seeks to prevent fraudulent activities and improve the enforcement of immigration laws.”

Non-compliance with this rule carries serious consequences. Individuals who fail to carry or produce their immigration documents when required could face a fine or even a jail term of up to six months. Importantly, registration alone does not shield individuals from deportation. If a person’s immigration documents are missing, expired, or otherwise deemed invalid, they may still be subject to removal from the country.

“All non-citizens 18 and older must carry this documentation (registration proof) at all times,” said Kristi Noem, Secretary of the Department of Homeland Security. “The administration has directed the Department of Homeland Security (DHS) to prioritise enforcement. There will be no sanctuary for noncompliance.”

To reduce the risk of legal troubles, Menezes advised Indian immigrants and other non-citizens to take several precautionary steps. These include ensuring that all immigration documents are valid, storing the originals in a safe place, and carrying either clear or notarised copies. She also recommended that if immigration officers attempt to take original documents, individuals should ask for proper identification and request a written explanation detailing who took the documents and why. If necessary, they should ask for a lawyer.

Further guidance on handling encounters with U.S. immigration officers has been provided by Abhisha Parikh, a U.S.-based immigration attorney. In a recent social media post, she listed several key actions for individuals to remember if stopped by immigration enforcement officials:

  1. Remain calm and avoid fleeing the scene.
  2. Inquire whether you are free to leave, and if permitted, walk away.
  3. Request to see a badge, since ICE agents may wear uniforms labeled “police.”
  4. Exercise your right to remain silent.
  5. Do not resist or attempt to grab personal belongings without permission.
  6. Refuse to consent to any searches unless the agents present a valid judicial warrant.
  7. You are not obligated to answer questions about your immigration status.
  8. S. citizens are not required to carry proof of citizenship.
  9. Undocumented immigrants have the right to request a lawyer and decline to answer questions.
  10. Immigration and Customs Enforcement (ICE) agents cannot detain anyone based solely on race or ethnicity.
  11. Create an emergency plan with family members in case of arrest or detention.
  12. Never sign any documents without consulting a legal expert.

In the unfortunate event that an individual is arrested, they should ask for a lawyer immediately. It is vital to remain silent and avoid making any statements until legal counsel is present.

This new enforcement drive reflects the Trump administration’s broader stance on immigration, one that aims to tighten rules and enhance scrutiny of non-citizens living in the U.S. Even though the registration requirements themselves are not new, the emphasis on enforcement and the increased consequences for non-compliance signal a more aggressive approach.

Legal experts believe the directive may add pressure and confusion among immigrant communities, particularly those who have lived in the U.S. for years under valid status. Even individuals who are fully compliant with visa and registration requirements now face the added burden of carrying documentation with them wherever they go.

Despite concerns over the potential for racial profiling and civil liberties violations, administration officials argue that the measure is necessary for national security and law enforcement purposes. While undocumented immigrants remain the primary target, the rule’s broader application means that all non-citizens, including those lawfully present in the country, must be cautious.

In summary, the newly enforced Alien Registration Requirement is a stark reminder that even longstanding immigration laws can be brought back into action under changing political priorities. Legal immigrants are advised to remain vigilant, prepared, and informed to avoid unnecessary complications under the evolving regulatory environment.

AAPI Legislative Day Planned For May 8th on Capitol Hill

(Washington, DC: April 16, 2025) Healthcare continues to be the center of the nation’s focus, especially with changes in policies on immigration, Medicare/Medicaid, and Medical Education. AAPI’s annual Legislative Day comes to be a vital part of AAPI’s growing influence and having its united voice heard in the corridors of power. “We are excited to announce that our next Legislative Day is on Thursday, May 8th, in Washington, DC,” said Dr. Satheesh Kathula, President of AAPI. “We expect to have the participation from dozens of key Congressmen and Senators. The annual Legislative Day will be a unique opportunity for AAPI to be part of the decision making process on matters related to healthcare.”

The day-long event will begin at 10:00 am and will conclude in the afternoon at 3 pm, giving participants the opportunity to meet with their own Congressman/Senators on their own time.

AAPI represents the interests of over 100,000 physicians and 40,000 medical students and residents of Indian heritage in the United States. Dr. Sunil Kaza, Chair of AAPI BOT said, “The mission AAPI, the largest ethnic organization of physicians, is to provide a forum to facilitate and enable Indian American physicians to excel at inpatient care, teaching and research, and to pursue their aspirations in professional and community affairs.  The Executive Committee is working hard, enabling AAPI’s voice to be heard in the corridors of power, and thus taking AAPI to new heights.”

During the annual Legislative Conference, among others, AAPI will discuss Medicare and Medicaid Reimbursements, Prior Authorization, Immigration Reform, Increased Residency Slots, Addressing Physician Shortage, and Scope of Medical Practice Issues.

AAPI DC Day “AAPI Legislative Day is a flagship annual event that is eagerly awaited to rekindle and renew our energy in bringing up the issues that we need to bring to the attention of national policy makers and leaders of the US Congress on Capitol Hill,” said Dr. Amit Chakrabarty, president-elect of AAPI. “It is a tradition of nearly three decades, which has brought many important transformations in National Healthcare policies that have helped Physicians of Indian Origin. Now, it is the need of the day to renew our friendship with new leadership under President Donald Trump and Vice President J D Vance and brief the Congressional leadership on issues that are important to us.”

“AAPI is once again in the forefront in bringing many burning health care issues facing the community at large and bringing this to the Capitol and to the US Congress,” says Dr. Sudhir Parikh, Co-Chair of AAPI Legislative Affairs Committee. Dr. Parikh urged “AAPI colleagues and everyone interested in or connected with providing health care to attend this event and ensure that our concerns and needs are heard by our lawmakers and ensure that they act on them.”

AAPI has been seeking to collectively shape the best health care for the people of the US, with the physicians at the helm, caring for the medically underserved as it has done for several decades, when physicians of Indian origin came to the US in larger numbers.

US is currently experiencing a physician shortage, which will be exacerbated by retiring baby boomers, affecting thousands of patients’ access to a physician, and ultimately the health care they need, AAPI has strongly supported the much needed Immigration Reform, particularly with the focus on H-1 and J-1 visas are used by many South Asian American physicians, playing an important role in providing critical health care across the country.

“The conference will focus on Immigration Reform and ways for AAPI members to be part of the process in the implementation of the health care reform in this country,” Dr. Meher Medavaram, Vice President of AAPI said. “While medical school enrollment has climbed 2% annually over the past five years through new schools and expansion of existing schools, the number of residency slots funded by Medicare has been capped at about 100,000 since 1997,” he added.

“AAPI continues to discover her potential to be a player in shaping the healthcare of each patient with a focus on health maintenance than disease intervention. To be a player in crafting the delivery of health care most efficiently and to strive for equality in health globally, the annual Legislative Day is a perfect way to impact Healthcare policy and programs most effectively. Come and join us on Capitol Hill on May 8th,” Dr. Kathula said.

For more information on AAPI and its several noble initiatives benefitting AAPI members and the larger society, please visit: www.aapiusa.org

Trump Administration Sets April 11 Deadline for Foreign Nationals to Register Under Alien Registration Act

Department of Homeland Security Secretary Kristi Noem issued a firm reminder today that all foreign nationals residing in the United States for more than 30 days are required to register under the Alien Registration Act by April 11, 2025. This federal law, which has long been on the books but seldom enforced, mandates that all noncitizens present in the country for over a month must officially register with the government. Noncompliance with this law is considered a criminal offense and may result in fines, imprisonment, or both.

“President Trump and I have a clear message for those in our country illegally: leave now. If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream,” said Secretary Noem in a public statement. She emphasized that the Trump administration intends to enforce every aspect of the nation’s immigration laws, saying, “The Trump administration will enforce all our immigration laws—we will not pick and choose which laws we will enforce. We must know who is in our country for the safety and security of our homeland and all Americans.”

This announcement follows the signing of Executive Order 14159 by President Donald J. Trump on January 20, 2025. Titled Protecting the American People Against Invasion, the order tasks the Department of Homeland Security with restoring accountability and order within the immigration system. Among its directives is the revival and rigorous enforcement of the Alien Registration Act, a statute that has remainedlargely dormant in recent decades.

The newly established registration requirements apply to all foreign nationals, regardless of their immigration status. Those who have been present in the U.S. for 30 days or longer as of April 11, 2025, and do not have documentation proving registration, are required to register immediately with U.S. Citizenship and Immigration Services (USCIS).

Furthermore, individuals entering the United States on or after April 11, 2025, must register within 30 days of their arrival if they lack evidence of prior registration. The mandate also extends to minors reaching the age of 14 while residing in the U.S. These individuals must re-register and submit their fingerprints within 30 days of their 14th birthday, even if they were registered previously while underage.

Parents and legal guardians are also held responsible for ensuring that any minor under the age of 14 in their care is registered, provided the child remains in the country for at least 30 consecutive days. Once a noncitizen has completed the registration process and submitted their fingerprints, the Department of Homeland Security will issue official proof of registration.

All foreign nationals aged 18 and above are required to carry this documentation with them at all times. This stipulation is part of a broader push by the current administration to reinforce immigration laws and eliminate gaps in enforcement. Secretary Noem made it clear that DHS will not tolerate any sanctuary for those who fail to meet the requirements of this policy. “There will be no sanctuary for noncompliance,” she stated.

The Trump administration has described the policy as a national security measure, arguing that tracking the presence of all foreign nationals within U.S. borders is essential for ensuring the safety of the American people. The message from the White House and DHS is unambiguous: the rules will be applied uniformly and without exception.

The renewed emphasis on the Alien Registration Act is part of a wider immigration agenda that President Trump has pursued since returning to office. His administration has consistently promoted stricter enforcement of immigration laws, increased deportations, and greater scrutiny of noncitizens residing in the United States. The executive order signed in January further underscores this direction, placing a spotlight on the perceived risks posed by individuals who remain in the country without proper documentation or registration.

For many foreign nationals, particularly those without legal status, the registration requirement is likely to raise concerns about possible detention or removal. However, the administration has framed the policy as an opportunity for those who comply to remain on a lawful path. Secretary Noem’s comments suggested that early compliance could influence future immigration outcomes for some individuals. “If you leave now, you may have the opportunity to return and enjoy our freedom and live the American dream,” she said, reiterating that voluntary departure might be more favorable than facing enforcement action.

The DHS has not released specific data on how many foreign nationals are currently out of compliance with the Alien Registration Act, but officials have indicated that the department is prepared to take enforcement action after the April 11 deadline. With the issuance of proof of registration and the requirement to carry it at all times, authorities expect to have the means to quickly identify those who fail to meet the standard.

The reimplementation of this policy also places added responsibility on immigration attorneys, nonprofit organizations, and advocacy groups that work with immigrant communities. Many will likely need to step up their efforts to inform clients and vulnerable populations about the new requirements, ensuring they understand their obligations and the consequences of inaction.

The administration’s strict timeline means that foreign nationals who fall under the law’s purview must act quickly. The April 11 cutoff is firm, and officials have indicated there will be no extensions. After that date, those who are not registered and cannot provide documentation may face immediate consequences under federal law.

As DHS continues to roll out the enforcement mechanisms associated with this policy, additional guidance is expected from USCIS and other relevant agencies. In the meantime, affected individuals are advised to consult official government websites or qualified legal professionals to ensure they complete the registration process correctly and on time.

Secretary Noem closed her statement by emphasizing the importance of national unity and the rule of law. “We must know who is in our country for the safety and security of our homeland and all Americans,” she said. The Trump administration’s messaging has centered around the principle that the laws on the books should be upheld fully, and that no one—regardless of their country of origin or immigration status—is exempt from accountability.

With less than a month remaining before the registration deadline, DHS is urging all noncitizens who qualify to take action immediately. Compliance with the Alien Registration Act is now a top priority for federal immigration enforcement, and failure to act could have serious legal consequences for those affected.

ITServe Alliance’s Capitol Hill Day Planned for June 11th, 2025

“ITServe Alliance has planned to organize our next in-person Capitol Hill Day in Washington, DC on June 11th, 2025,” said Sateesh Reddy Nagilla, Director of ITServe Alliance Policy Advocacy Committee (PAC) & Immigration. “The conference will have participation by over 150 US Representatives and Senators, including influential committee chairs and members, whose decisions impact our businesses. The daylong event will feature Capitol Hill Meetings and interactive sessions with US Congressmen and Senators.”

Capitol Hill Day is being organized with the objective of showcasing to the lawmakers some of the significant contributions of the ITServe members to the country’s economy through Technology & Innovation, local employment, and STEM education. The event will also highlight key concerns faced by small businesses, including the need for high-skilled immigration reforms.

While having an opportunity to meet with and interact with the lawmakers and their staff, Capitol Hill Day will be an impactful way of making them aware of the significant contributions of the ITServe member companies to the country’s economy through Technology & Innovation, local employment, and STEM education. The event will also address key concerns faced by small businesses, including high-skilled immigration reform.

Sudheer Venkat Chakka, CPAC- Managing Director said, “With significant immigration legislation expected in Congress this year, we urgently request robust support from our ITServe members for CPAC’s strategic initiatives, including policy advocacy and essential fundraising aimed at engaging Members of Congress. We are requesting more members join the ITServe Capitol Hill Day in our nation’s Capital.”

DC Day 2Anju Vallabhaneni, President of ITServe, while emphasizing the importance of Capitol Hill Day,  said, “ITServe Alliance’s Capitol Hill Day will serve as a powerful platform in educating policymakers on the issues that are important to our members and the business community, ensuring our needs and views are reflected in policy debates and outcomes.”

ITServe Alliance has been consistently working to protect the needs of its members. To that end, ITServe Alliance has been collaborating with the lawmakers on behalf of its members on Capitol Hill and within the US Administration.  Capitol Hill Day is the perfect way for ITServe Alliance to use its collective voice to communicate with policymakers on the issues that are important to our members.

Urging ITServe members to be active and work collaboratively in making this important event successful, Raghu Chittimalla, ITServe Governing Board Chair said, “It’s our collective voice. I call upon every member to be part of this important event, advocate for ITServe, and make our voices heard in the corridors of power. Also, if you have a relationship with a member of Congress or their staff, please enter that information too.  Through your help we will be able to accomplish our goals through grassroots and advocacy.”

“In order to achieve the goals that benefit the IT Sector companies, the labor force, and the larger US economy, our process hinges on our 3 fundamental pillars of the ITServe PAC: education, advocacy, and strategic legal initiatives,” Nagilla added.

ITServe supports the HIRE Act (High Skilled Immigration Reform for Employment), introduced in Congress in 2024. Innovation, STEM education, and avoiding brain drain are the highlights of the Bill. It has advocated to have the STEM graduates with U.S master’s Degrees and/or Ph.D. holders from the H1-B CAP quota removed and make it unlimited to retain the top talent & innovation in the Country.

ITServe Alliance comprises of small and medium-sized businesses that fulfill the growing demand for highly skilled professionals in America. Its members play a crucial role in developing and maintaining essential IT systems for corporations, governments, and various organizations.

ITServe’s vision has been to empower local communities by creating, retaining, and fostering employment opportunities within the United States. Moreover, ITServe is committed to corporate social responsibility (CSR) and actively contributes to local communities nationwide, particularly in the realm of STEM (Science, Technology, Engineering, and Math) education.

Siva Moopanar, President-Elect of ITServe, while summarizing the importance of Capitol Hill Day said, “ITServe Alliance is consistently working to protect its members’ needs. To that end, ITServe Alliance, through its PAC team, is advocating on Capitol Hill and with the Administration.  ITServe Alliance will use its collective voice to communicate with policymakers on important issues impacting our members.”

For information on ITServe and its many noble initiatives, please visit www.itserve.org

Trump Administration Plans to Revoke Social Security Access for Certain Immigrants to Encourage Self-Deportation

The Trump administration is pursuing a strategy designed to prompt certain immigrants without legal status to voluntarily leave the United States. According to an official who spoke to Reuters on condition of anonymity, the government intends to classify these individuals as deceased in federal databases, thereby deactivating their Social Security numbers.

The focus of this effort is on immigrants who were initially granted legal entry under the Biden administration but have since lost their temporary protected status. These individuals would be added to the Social Security Administration’s “death master list,” a federal record typically used to prevent deceased individuals from receiving Social Security payments. “Immigrants who were legally admitted to the U.S. under the Biden administration but have since had their temporary status revoked would be added to the Social Security Administration’s ‘death master list,’” the anonymous official told Reuters.

In the U.S., a Social Security number is essential not just for employment and tax purposes but also for obtaining government benefits and performing routine financial tasks. These numbers serve as tax identifiers and are necessary for opening bank accounts, applying for credit cards, and conducting many other transactions. Without a valid Social Security number, individuals are effectively excluded from both public assistance and the financial system.

The plan was initially revealed by The New York Times, which reviewed internal documents and interviewed six individuals familiar with the proposal. The newspaper reported that the underlying strategy is to create enough financial pressure on the affected immigrants that they will opt to leave the country voluntarily. By invalidating their Social Security numbers, the administration hopes to cut them off from key financial and governmental services. “The goal is to pressure migrants to self-deport by effectively canceling their Social Security numbers and cutting them off from financial services,” the Times reported.

Although the administration has not publicly confirmed the plan in detail, Assistant Press Secretary Liz Huston issued a statement that hinted at the policy’s broader objectives. “President Trump promised mass deportations and by removing the monetary incentive for illegal aliens to come and stay, we will encourage them to self-deport,” Huston stated. However, she did not directly confirm or elaborate on the specifics of the Social Security deactivation plan.

The Times also reported that the government has already added over 6,300 names to a federal blacklist. These names reportedly belong to individuals convicted of crimes or identified as suspected terrorists.The Times, citing documents, reported that the names of more than 6,300 convicted criminals or ‘suspected terrorists’ have been added to the government blacklist.

Using the “death master list” in this way marks a significant expansion of the federal government’s use of sensitive personal data in immigration enforcement. President Trump has repeatedly emphasized his goal of significantly reducing the number of undocumented immigrants living in the U.S., and this effort is seen as another step in that direction.

Further highlighting this approach, the Treasury Department, the Internal Revenue Service (IRS), and the Department of Homeland Security recently finalized an agreement to share taxpayer information with immigration enforcement agencies. This agreement will allow immigration officials access to sensitive tax records that can be used to locate undocumented individuals more efficiently. “On Monday, the Treasury Department, the Internal Revenue Service and the Department of Homeland Security finalized an agreement under which taxpayer data will be provided to federal immigration authorities to help them locate migrants,” Reuters reported.

This move has already triggered internal consequences. Following the finalization of the agreement, the acting head of the IRS, along with several other senior officials, resigned from their positions. Their resignations signal the potential controversy and ethical concerns surrounding the sharing of confidential taxpayer information with immigration authorities.

The administration’s broader immigration enforcement plans also include significant financial penalties for those who defy deportation orders. Reuters reported on Tuesday that migrants who remain in the United States despite being under deportation orders could face daily fines of up to $998. In cases where individuals fail to pay these fines, the government may seize their property. Reuters on Tuesday reported that the Trump administration plans to fine migrants under deportation orders up to $998 a day if they fail to leave the United States and to seize their property if they do not pay.

These combined efforts represent a multi-pronged strategy aimed at deterring unauthorized immigration and encouraging self-deportation by eliminating access to financial and social infrastructure. By cutting off Social Security numbers, imposing heavy financial penalties, and using taxpayer data for enforcement purposes, the administration is making it increasingly difficult for individuals without legal status to remain in the country.

While critics are likely to challenge the legality and ethics of these measures, the administration appears committed to using every tool at its disposal to reduce the undocumented population. The classification of living individuals as deceased for enforcement purposes is particularly controversial and could lead to legal challenges if implemented.

The proposal also raises significant concerns about due process, accuracy, and the potential for mistaken identity. Critics warn that such a plan could result in legal immigrants or even U.S. citizens being wrongly targeted, especially if the data used to compile the lists is flawed or outdated.

Nevertheless, the Trump administration continues to defend its immigration policies as necessary to uphold the rule of law and national security. “By removing the monetary incentive for illegal aliens to come and stay, we will encourage them to self-deport,” said Huston, reaffirming the administration’s belief that economic deterrence is a viable enforcement strategy.

As the 2024 presidential election approaches, immigration policy is expected to remain a key issue for the Trump campaign, with promises of stricter enforcement and reduced immigration taking center stage. The recent steps taken by the administration reflect a growing focus on administrative and bureaucratic tools to achieve policy objectives without requiring new legislation.

In summary, the Trump administration’s latest immigration policy involves adding certain immigrants who have lost their temporary legal status to a list meant for deceased individuals. This effectively renders their Social Security numbers useless and prevents them from accessing essential services, in an effort to drive self-deportation. This initiative, along with new agreements to share tax data with immigration authorities and impose substantial daily fines, underscores the administration’s aggressive approach to curbing unauthorized immigration through both legal and financial pressures.

Legal Cases Spotlight Constitutional Rights of Green Card Holders

Two recent legal battles involving the potential deportation of legal permanent residents, commonly known as green card holders, have reignited discussions around their constitutional protections.

On March 26, a federal judge temporarily halted the arrest and deportation of Yunseo Chung, a 21-year-old student at Columbia University. The Department of Homeland Security was moving to deport Chung for her involvement in a protest connected to the university’s disciplinary actions against students participating in pro-Palestinian demonstrations.

U.S. District Judge Naomi Reice Buchwald issued a temporary restraining order that prevented federal authorities from detaining Chung while her immigration proceedings continued. Just two days earlier, Chung had filed a lawsuit against President Donald Trump and several administration officials. Her legal complaint contended that, as a green card holder, her constitutional rights—especially those under the First Amendment—had been infringed upon.

According to Chung’s lawsuit, she had taken part in a campus protest on March 5 and was subsequently cited by New York City police for obstructing governmental administration. On March 8, her legal team was informed by a federal law enforcement officer that her permanent resident status was being rescinded.

Chung’s lawyers highlighted a similar case involving Mahmoud Khalil, another Columbia University student with legal permanent residency, who was removed from campus housing and sent to a detention facility in Louisiana. Federal agents allegedly informed Khalil that his green card had been revoked by the State Department.

In legal documents, the government argued that Secretary of State Marco Rubio had the authority to revoke Khalil’s permanent residency based on concerns that his “presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States,” citing a section of the Immigration and Naturalization Act of 1952.

Khalil’s legal status is now under review in a federal court in New Jersey. The government maintains that Khalil failed todisclose critical information in his green card application, which could justify the revocation of his permanent resident status.

Green card holders, according to U.S. Citizenship and Immigration Services, possess a set of fundamental rights and obligations. These include the right to live indefinitely in the U.S., as long as they do not engage in conduct that renders them deportable under immigration law. They are also entitled to seek employment in their field and receive protection under federal, state, and local laws.

However, green card holders must also meet specific responsibilities. They are required to obey all U.S. laws, file income tax returns with both federal and state tax authorities, and, for males between 18 and 25, register with the Selective Service. They are also expected to support democratic governance, though this does not grant them voting rights in federal, state, or local elections.

The U.S. Supreme Court has consistently ruled that legal permanent residents enjoy most constitutional protections granted to U.S. citizens. In the 1945 case Bridges v. Wixon, the Court determined that Harry Bridges, an Australian who had resided in the United States since 1920, could not be deported solely for his political affiliations with the Communist Party.

Justice Frank Murphy, in his concurring opinion, emphasized that “once an alien lawfully enters and resides in this country, he becomes invested with the rights guaranteed by the Constitution to all people within our borders.” He further elaborated, “Such rights include those protected by the First and Fifth Amendments and by the due process clause of the Fourteenth Amendment. None of these provisions acknowledges any distinctions between citizens and resident aliens. They extend their inalienable privileges to all ‘persons’ and guard against any encroachment of those rights by federal or state authority.”

A subsequent ruling in Kwong Hai Chew v. Colding (1953) involved a merchant sailor and legal permanent resident who was denied reentry into the U.S. after a four-month trip abroad on the grounds that his return posed a risk to public interest. The government detained Chew and did not disclose the allegations against him. Justice Harold Burton stated, “It is well established that, if an alien is a lawful permanent resident of the United States and remains physically present there, he is a person within the protection of the Fifth Amendment. He may not be deprived of his life, liberty or property without due process of law.”

In the 1976 case Mathews v. Diaz, Justice John Paul Stevens further clarified that constitutional protections apply broadly: “There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law.”

Among the most vital constitutional rights afforded to green card holders is the right to apply for U.S. citizenship through naturalization, typically after five years of continuous residence. To qualify, applicants must show “good moral character,” demonstrate a commitment to the Constitution, read and write basic English, and possess a general understanding of U.S. history and government. They must also take an Oath of Allegiance to the country.

Naturalized citizens are largely shielded from legal vulnerabilities that could result in deportation for green card holders—unless it is later discovered that they used false information during the naturalization process.

Nonetheless, the general rule remains that green card holders must adhere to all laws at the federal, state, and local levels. If found to have broken the law, they may face deportation through the immigration court system, managed by the Executive Office for Immigration Review under the U.S. Department of Justice. The government is required to provide compelling evidence to strip a person of their permanent residency.

Should an immigration judge order removal, the green card holder has the right to appeal to the Board of Immigration Appeals and, if necessary, escalate the case to a Federal Court of Appeals.

The legal battles involving Chung and Khalil are emblematic of the broader tension between national security, free speech, and immigrant rights. As these cases unfold in the courts, they may help to clarify the extent to which constitutional protections apply to green card holders, especially in the politically sensitive context of protests and foreign policy concerns.

Threat to OPT Visa Sparks Panic Among Indian STEM Students in the US

A new bill introduced in the US Congress is stirring anxiety among Indian and international students pursuing degrees in science, technology, engineering, and mathematics (STEM). The proposed legislation aims to eliminate the Optional Practical Training (OPT) program, which currently enables graduates on student visas to stay in the United States and gain work experience for up to three years after completing their studies.

OPT has served as a crucial bridge between academia and employment, especially for students holding F-1 and M-1 visas. However, with this new legislative threat, many students now face the grim possibility of having to leave the country immediately after graduation if they fail to secure another type of visa. The bill comes at a time when the US administration, under President Donald Trump’s continued influence, is pursuing a series of strict immigration measures, including mass deportations. These policies align with Trump’s earlier campaign promises to tighten immigration, a move that began during his first term and appears to be intensifying again.

Legal experts and advisors have observed rising panic among current international students, particularly those from India. Many are scrambling to secure jobs that would allow them to shift from OPT to H-1B work visas, which are typically sponsored by large American and Indian tech firms. The urgency stems from the potential abrupt termination of OPT without viable alternatives.

According to the latest Open Doors 2024 report, over 300,000 Indian students were enrolled in US universities during the 2023-24 academic year. Of these, nearly one-third qualify for OPT, highlighting the widespread impact the bill could have on the Indian student community.

“OPT allows students to find jobs in the US for one year after they graduate and may be extended for another two years provided you are a STEM graduate and are working with a qualified US employer,” explained Poorvi Chothani of LawQuest, an immigration law firm based in Florida. “If the bill goes through, OPT could end abruptly without an option to transition to another work visa. Students may have to leave the US immediately.”

At present, students who are not in STEM fields are allowed to remain in the US for only a year following graduation. The elimination of OPT would affect STEM students more severely since they currently enjoy an extended work authorization of up to three years.

Chothani emphasized that OPT visa holders must now move quickly to transition to H-1B status as soon as possible if they are selected in the annual lottery. Otherwise, they will need to seek job opportunities in other countries. She also warned that incoming students may need to prepare for a scenario resembling the United Kingdom’s policies, where graduates are expected to leave the country upon completing their education.

“The biggest fallout, though, will be missing out on work opportunities and the ability to earn a US salary for a couple of years or so to pay back hefty student loans,” said Chothani.

The potential dismantling of OPT is taking a psychological toll on Indian students currently in the US. “They are all now clouded with doubt,” said Adarsh Khandelwal, cofounder of Collegify, a platform that supports students planning to study abroad.

This uncertainty is already disrupting student routines and decisions. “Conversations once dominated by case competitions and coding bootcamps are now replaced with legal webinars and immigration forums,” said Khandelwal. The Economic Times previously reported that Indian students are rethinking their travel plans during summer breaks, with many canceling their trips home for fear that they might face challenges re-entering the US. Top-tier institutions like Cornell, Columbia, and Yale have unofficially recommended that international students avoid leaving the country during this period of uncertainty.

Despite these complications, the US remains the top choice for Indian students studying overseas. However, the growing restrictions under the Trump administration have prompted some to look elsewhere. Advisors and consultants are observing a notable shift in interest toward alternative destinations such as Canada and various European countries. According to experts, Indian applications to non-US countries have increased by 20% for the 2025 and 2026 academic cycles.

With these changing trends, families are becoming more cautious and focused on long-term security after graduation. “Families are seeking post-study certainty. Studying in the US is not cheap as it requires a yearly investment of $60,000,” Khandelwal pointed out.

In terms of economic contribution, international students continue to play a significant role in the US. Data from NAFSA: Association of International Educators revealed that during the 2023-2024 academic year, foreign students contributed a record $43.8 billion to the US economy and supported nearly 378,175 jobs. These numbers underscore the financial and workforce impact of international students, especially those utilizing programs like OPT.

Legal experts argue that the removal of OPT could hurt the US economy by driving talent elsewhere. “Additionally, numerous companies employ OPT candidates primarily due to their skills and abilities, rather than solely relying on purported cost-saving loopholes,” noted Keshav Singhania, head of private clients at Singhania & Co, a legal firm.

Singhania warned that eliminating the OPT program would lead to a displacement of skilled talent to other nations that offer more favorable immigration policies for international graduates. Countries like Canada, Australia, and Germany already present attractive post-study work options, and without OPT, the US could find itself losing its competitive edge in attracting global talent.

In response to growing student concerns, US universities are ramping up support systems. Nikhil Jain, founder of ForeignAdmits, a platform that assists students in navigating international education, said colleges are stepping in to provide legal guidance. “US colleges are hosting immigration attorneys, providing guidance and creating support networks to help anxious students,” he said.

The uncertainty surrounding OPT has not only rattled current students but also created hesitation among prospective applicants. Many are now questioning the long-term benefits of investing heavily in a US education when post-study work opportunities may be curtailed.

As the situation develops, much hinges on whether the bill will gain legislative traction. Past attempts to eliminate or restrict OPT have failed, but the current climate of heightened immigration enforcement raises the stakes. Until more clarity emerges, Indian students and their families are left navigating a complex and unstable path, trying to make the best possible decisions in an increasingly unpredictable environment.

Trump Administration’s Closure of CIS Ombudsman Sparks Concerns Among Immigrants and Advocates

In a significant move, the Trump administration has shut down the Office of the Citizenship and Immigration Services (CIS) Ombudsman, an independent oversight agency that had played a crucial role in assisting thousands of immigrants with navigating complicated visa-related processes. The decision has sparked criticism from immigration attorneys and advocates, who warn that the closure will especially affect H-1B visa holders, F-1 international students, and green card applicants, including many from the Indian diaspora.

The CIS Ombudsman was known for providing assistance in cases involving delays, administrative errors, and disputes with the United States Citizenship and Immigration Services (USCIS). Last year alone, the office responded to nearly 30,000 individual requests, according to the American Immigration Lawyers Association (AILA).

Sharvari Dalal-Dheini, senior director for government relations at AILA, highlighted the range of issues the Ombudsman addressed. “Individuals or businesses sought assistance from the CIS Ombudsman for a variety of issues, ranging from erroneous rejections of filings and denials to typographical errors on secure documents (such as Green Cards and Employment Authorization Documents) and even mailing issues. Last year, the Ombudsman’s office assisted approximately 30,000 applicants,” she said in a statement to journalist Lubna Kably.

The closure of this office has raised serious concerns about decreased transparency and accountability in the USCIS, which oversees the adjudication of various immigration and visa matters. Without the Ombudsman’s independent role, immigration attorneys say there is now a significant void in oversight and recourse for applicants facing issues within the system.

Rajiv S. Khanna, an immigration lawyer based in Arlington, emphasized the importance of the Ombudsman in situations where delays and administrative errors jeopardized legal immigration status. “F-1 and H-1B visa holders turned to the CIS Ombudsman when they hit bureaucratic roadblocks within US Citizenship and Immigration Services (USCIS) that threatened their legal status and livelihoods,” he said.

Khanna recalled a notable case involving an engineer from Bangalore who had been waiting 11 months for a decision on an H-1B extension. Despite repeated efforts, the USCIS had not resolved the case. The situation was finally resolved only after the Ombudsman intervened. “After the Ombudsman’s intervention, approval came within two weeks,” Khanna explained.

Students also benefited from the office’s help when facing problems with their Optional Practical Training (OPT) applications. Khanna described a case where a student’s OPT request was mistakenly denied due to misinterpreted documents. The CIS Ombudsman stepped in, and the case was reopened, preserving the student’s right to work and legal standing. In another case highlighted by Dalal-Dheini, a STEM OPT application was rejected two months after submission due to a bank processing issue. Because the application window had closed, the student couldn’t reapply. However, with the Ombudsman’s help, the case was brought to the attention of USCIS and the student was reapproved. “The CIS Ombudsman negotiated with the USCIS and was able to get the student reapproved,” she noted.

Adam Cohen, a partner at the immigration law firm Siskind Susser, also pointed to the Ombudsman’s role in helping applicants receive critical documentation that was either delayed or lost in the system. “The CIS Ombudsman helped in acquiring receipt or approval notices, which were not received and USCIS insisted on filing Form I-824 which entailed a prolonged process to get another one (i.e.: a duplicate),” Cohen explained.

The Ombudsman’s work extended beyond just case intervention—it also collaborated with USCIS to release official guidance and host informational sessions about common problems surrounding student and employment visas. Dalal-Dheini emphasized that even employers found the Ombudsman helpful when addressing delays or missing documents for their foreign workers.

Khanna added that what made the office particularly important was its independence from USCIS. “What made the Ombudsman uniquely valuable was its independence from USCIS – they could objectively evaluate whether the agency was following its own procedures and policies,” he said. He went on to describe a case involving a researcher whose green card application had been stalled for more than three years due to an improperly logged background check. The Ombudsman’s intervention led to a resolution that otherwise might never have occurred.

The office’s ability to objectively scrutinize USCIS decisions and help resolve lingering issues provided a safety net for many immigrants who found themselves entangled in bureaucratic delays. Now, with that safety net removed, attorneys warn that legal immigrants will have fewer avenues to challenge procedural failures or advocate for timely case resolutions.

As for concerns about whether the Ombudsman could have supported students facing threats of self-deportation due to campus activism, Cohen clarified that this fell outside the office’s scope. “It involves other agencies, viz – Department of State (DOS) and Immigration and Customs Enforcement (ICE) – the Ombudsman’s office never had a review of DOS and ICE as part of its mission,” he explained.

The termination of the CIS Ombudsman, along with two other immigration oversight bodies, has intensified concerns that immigrants will be left with limited options to address problems within the immigration system. With USCIS already grappling with significant delays, backlogs, and inconsistencies, the elimination of a neutral intermediary agency only worsens the challenges for applicants seeking timely and fair adjudication.

Immigration advocates fear that without an independent channel to raise grievances, thousands of immigrants may find themselves caught in limbo, with no means to resolve errors, address delays, or secure their legal status in the United States.

The closure also underscores a broader pattern of immigration policy decisions under the Trump administration, which critics argue have systematically reduced avenues for legal recourse and created greater uncertainty for immigrants. As immigration attorneys and advocates try to fill the gap left behind by the Ombudsman’s closure, many remain concerned that the lack of oversight and accountability will ultimately harm the most vulnerable members of the immigrant community.

Trump Administration Introduces Stricter Green Card Rules for Married Couples

The Trump administration has implemented notable changes to the green card application process for married couples, including revised forms, mandatory interviews, and expanded financial disclosures. These updates reflect the administration’s broader approach to tightening immigration enforcement.

President Donald Trump, who had promised sweeping immigration reforms during his campaign, has prioritized tougher policies throughout his presidency. Within the first few months of taking office, his administration deported approximately 100,000 undocumented immigrants. Among those detained and deported were individuals who were legal residents but had no ties to crime or gangs.

The administration has made clear that it is taking a hardline stance on immigration violations, targeting not only those who crossed the U.S.-Mexico border illegally but also others who breach immigration rules in various ways.

Even legal permanent residents have encountered obstacles under the new regime. One such example is Mahmoud Khalil, a Columbia University graduate student and Palestinian activist, who is currently facing removal proceedings despite holding a green card.

The modifications to the marriage-based green card process suggest that immigration policy may continue to shift in coming weeks, potentially affecting multiple aspects of the immigration system.

According to the United States Citizenship and Immigration Services (USCIS), lawful permanent residents have the right to live permanently in the country as long as they refrain from any actions that could render them deportable under immigration law. Such actions include legal violations and failure to file taxes.

Among the pathways to obtaining a green card is marriage to a U.S. citizen or another green card holder. In such cases, the U.S.-based spouse sponsors the foreign-born partner for permanent residency.

Though some of the recent changes may appear technical, they carry significant implications for applicants. One of the primary revisions is the introduction of a new version of Form I-485, known as the “Application to Register Permanent Residence or Adjust Status,” which became mandatory as of January 20. This updated form must now be used by all individuals seeking lawful permanent residency.

The revised form introduces several updates, including new gender identity options and the return of the word “alien.” These linguistic adjustments mirror similar terminology updates made to other immigration forms.

Immigration attorney Rachel Einbund told Newsweek during a phone conversation that a major addition to the updated form is a “public charge” section. This section requires applicants to “disclose their entire household income, their assets, their debts or liabilities, as well as if they have received any public assistance in the U.S.”

Another significant addition is found in Part 9 of the form, which pertains to general eligibility and inadmissibility. It now includes questions regarding the highest educational degree the applicant has earned, along with any certifications, licenses, or skills.

Einbund criticized these additions, saying they could dissuade lower-income applicants from applying. She described it as “more of a scare tactic to try and scare people who maybe don’t have a lot of income or don’t have continued education into not applying.”

An equally important change is the reimplementation of mandatory interviews for marriage-based green card applicants. Under President Biden’s administration in 2022, many of these interviews were waived if no warning signs were present in the application. According to Einbund, this was an effective method for the USCIS to reduce case backlogs and optimize the use of immigration officers’ time.

Einbund stated she had spoken with a USCIS officer who confirmed that interviews are once again required as part of a new internal policy. While no executive order has been issued, Trump has advocated for “enhanced vetting” in immigration matters, which this initiative likely aligns with.

Her advice to applicants is to “disclose everything,” emphasizing the importance of providing varied and substantial proof of a genuine relationship. “Proving that your marriage is real is the foundation of these cases,” she told Newsweek.

Newsweek also contacted USCIS via email on Thursday to confirm these changes and for additional comments.

In response, a USCIS spokesperson said in an email to Newsweek: “U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that strengthen fraud detection, prevent identity theft, and support the enforcement of rigorous screening and vetting measures to the fullest extent possible. These efforts ensure that those seeking immigration benefits to live and work in the United States do not threaten public safety, undermine national security, or promote harmful anti-American ideologies.”

Amol Sinha, executive director of the ACLU of New Jersey, commented outside a courthouse on Friday about Khalil’s legal situation. “As we await the court’s ruling, what I am reminded of is the egregious nature of what the government has done. It is anti-democratic, un-American, illegal and unconstitutional to suppress speech, censor somebody, detain them and attempt to deport them and revoke their green card for speaking their mind.”

Attorney Colleen Kerwick, speaking to Newsweek in March, offered a different view. “A green card is a privilege, not a right. That privilege can be revoked if Mahmoud Khalil perpetrated a crime or wrong,” she said. Kerwick explained that Khalil had been accused of organizing an event that glorified Hamas’ October 7 attack. The United States classifies Hamas as a terrorist organization. She added, “The gravamen [most serious part] of his alleged wrong was social media posts, not yet traced to him.”

As of April 3, applicants must now use the newly revised Form I-485 for green card applications. Khalil, the Palestinian student and green card holder, is scheduled to appear before an immigration judge on April 8 for his removal hearing.

Einbund pointed out that immigration attorneys are bracing for further developments in policy. Many in the legal community anticipate that upcoming immigration forms will likely require applicants to disclose their social media handles, reflecting a growing emphasis on background scrutiny.

These ongoing changes reinforce the Trump administration’s determination to reshape the immigration process, not only through increased enforcement but also via procedural modifications designed to intensify scrutiny and discourage fraudulent or incomplete applications.

USCIS Reaches FY 2026 H-1B Cap, Selected Petitioners Notified

U.S. Citizenship and Immigration Services (USCIS) has received a sufficient number of electronic registrations for unique beneficiaries during the initial registration period to meet the fiscal year (FY) 2026 H-1B numerical allocations, including the advanced degree exemption (master’s cap). USCIS has randomly selected enough beneficiaries from properly submitted registrations and has informed all petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition.

Registrants can check their status through their online accounts. More details are available on the H-1B Electronic Registration Process page.

Starting April 1, 2025, USCIS will begin accepting H-1B cap-subject petitions for FY 2026, including those qualifying for the advanced degree exemption, provided they are for selected beneficiaries and based on a valid registration. Only petitioners with selected registrations may submit H-1B cap-subject petitions.

To be considered, petitions must be correctly filed at the designated location or online at my.uscis.gov within the filing period specified on the selection notice. This filing window will last at least 90 days. Petitioners must include a copy of the selection notice with their submission.

Additionally, petitioners are required to provide evidence of the beneficiary’s valid passport or travel document that was used during registration.

Even if selected, petitioners must still submit supporting evidence to establish eligibility for approval, as selection only determines the right to file the H-1B cap-subject petition, not its final approval.

DOJ Memo Signals Tougher Immigration Crackdown, Raising Risks for Employers

A new Department of Justice (DOJ) memo directs federal prosecutors to prioritize immigration-related cases, potentially exposing many employers to criminal charges. The policy shift could lead to prosecutions for employing undocumented immigrants and for violations involving H-1B visa holders, where revocations were previously standard practice.

DOJ Immigration Memorandum

Attorney General Pam Bondi, in a memo issued to all DOJ employees, emphasized that the U.S. faces “historic threats from widespread illegal immigration.” As a result, she declared that “immigration enforcement” is now the DOJ’s top prosecution priority.

“The Department of Justice shall use all available criminal statutes to combat the flood of illegal immigration that took place over the last four years and continue to support the Department of Homeland Security’s immigration and removal initiatives,” the Feb. 5 memo states.

It instructs U.S. Attorney’s Offices and other DOJ components to pursue criminal immigration-related charges when violations are identified by federal, state, or local law enforcement or the Intelligence Community. Specific statutes cited include:

  • 8 U.S.C. § 1304 & 1306 – Alien registration requirements and penalties for failure to notify authorities of address changes.
  • 8 U.S.C. § 1324 – Prohibitions on “bringing in and harboring” undocumented immigrants, which may now be enforced against employers.
  • 8 U.S.C. §§ 1325-1328 – Laws covering illegal entry, reentry of removed individuals, aiding unlawful entry, and human trafficking for “immoral purposes.”

The memo also mandates that DOJ attorneys report all declined immigration-related prosecutions as “Urgent Reports.” Additionally, each U.S. Attorney’s Office must provide quarterly data on immigration cases, pending investigations, convictions, and subsequent removals.

Increased Risks for Employers

The DOJ memo is expected to significantly increase immigration-related prosecutions. According to Chris Thomas, a partner at Holland & Hart, the DOJ is now instructing field offices to accept nearly all immigration-related referrals for prosecution.

“With 8 U.S.C. 1324 specifically cited, it’s clear that they plan to pursue criminal charges against companies and individuals who ‘know or recklessly disregard’ an employee’s unlawful status,” Thomas said. He noted that the law could also be applied to employers who knowingly work with staffing agencies or contractors that employ undocumented workers.

A recent case illustrates this shift: on Feb. 14, Homeland Security Investigations charged the owners of a Texas bakery with “harboring” eight undocumented workers under 8 U.S.C. 1324.

Thomas predicts that authorities will focus less on labor violations—such as employing undocumented minors—and more on using I-9 audits to build criminal cases against employers. “Companies must train staff on conducting I-9 audits, responding to ICE inspections, and handling potential raids,” he advised. He also urged businesses to consult legal counsel when addressing past compliance issues.

Impact on H-1B Employers

Employers of H-1B visa holders could also face heightened scrutiny. Under a recent H-1B rule, U.S. Citizenship and Immigration Services (USCIS) has codified its authority to conduct site visits, including at third-party work locations and even employees’ home offices.

USCIS rejected arguments that such visits violate employer rights. Immigration advocacy group FWD.us noted that officers can deny or revoke petitions if an employer, including a third-party entity, refuses to cooperate or does not respond to written inquiries within a set timeframe.

“Employers should prepare for USCIS site visits, ensuring documentation aligns with petitions and that internal immigration teams are trained to address inquiries,” said Vic Goel of Goel & Anderson.

Thomas warned that even minor misrepresentations will likely be flagged for criminal investigation. “FDNS [Fraud Detection and National Security Directorate] will no longer just refer cases for revocation—they will escalate cases to Homeland Security Investigations and other agencies for criminal prosecution.”

The DOJ’s intensified focus on immigration cases aligns with broader Trump administration policies. Thomas expects an aggressive approach: “The focus will be to bring any and all charges available under immigration law.”

Major Changes to U.S. Visa Rules After April 2025: What Travelers Need to Know

Planning a trip to the U.S. after April 2025? Significant updates to the visa application and interview process could impact your travel plans. Here’s a detailed look at the key changes and how to prepare.

DS-160 Barcode Accuracy Now Mandatory

A crucial update requires that the DS-160 barcode number used in the visa application perfectly match the one used for booking the visa appointment. Any mismatch will result in appointment rescheduling and an additional $185 Machine Readable Visa (MRV) fee. This change aims to streamline the process but requires applicants to double-check their details carefully.

What is the Machine Readable Visa (MRV) Fee?

The MRV fee is a mandatory, non-refundable, and non-transferable payment required for most nonimmigrant visa applications. It covers processing costs regardless of whether the visa is approved or denied.

Mandatory Advance Submission of Supporting Documents

Applicants must now upload all required supporting documents at least 72 hours before their interview via the CEAC portal. This includes:

  • Financial records
  • Invitation letters
  • Employment verification documents

This change eliminates last-minute submissions, ensuring a smoother interview process.

Changes to U.S. Visa Interview Waiver Policy

Starting February 18, 2025, consular officers will have reduced authority to waive in-person visa interviews. This means:

  • Applicants who previously qualified for waivers may now need to attend an in-person interview.
  • This affects work visas, student visas, and other temporary visa categories.
  • Some exceptions may still apply based on the applicant’s visa history and other factors.

What These Changes Mean for Applicants

✔ Double-check DS-160 details: Ensure the barcode matches to avoid costly rescheduling.

✔ Prepare documents in advance: Digital uploads must be completed at least 72 hours before the interview.

✔ Be ready for in-person interviews: Fewer applicants will qualify for waivers, making preparation essential.

Tips for a Smooth U.S. Visa Application

  • Start Early: Begin your application well in advance.
  • Double-Check Everything: Pay special attention to details, especially the barcode number.
  • Organize Your Documents: Have digital copies of all required materials.
  • Use the CEAC Portal: Familiarize yourself with the system for correct uploads.
  • Stay Updated: Visa policies may continue to change—check State.govfor the latest updates.

Final Thoughts

These new regulations emphasize accuracy, preparedness, and compliance with updated policies. Travelers should stay informed and ensure all requirements are met to avoid delays and additional costs. For official updates, visit the U.S. Department of State website.

U.S. Population at Risk of Decline Without Immigration, CBO Report Warns

Birth Rates Insufficient to Sustain Population Growth

New data from the Congressional Budget Office (CBO) suggests that without immigration, the U.S. birth rate will not be sufficient to maintain population levels. According to a report released Thursday, deaths have begun to outnumber live births in the U.S. since 2023, signaling a demographic shift that could lead to population decline.

Impact of Immigration Restrictions Under Trump Administration

The report’s findings come amid President Donald Trump’s immigration restrictions, which could further accelerate the decline in population. The projections, spanning 2025 through 2055, only consider policies in place as of January 6, 2025, and do not account for future changes under the Trump administration. Mass deportations could exacerbate the trend, leading to an even steeper population decline than projected.

Aging Population Poses Economic Challenges

With an aging population, workforce participation is expected to decrease, resulting in a higher proportion of Americans relying on entitlement programs such as Social Security, Medicare, and Medicaid. The financial burden on these programs is set to grow, raising concerns about long-term sustainability.

U.S. Debt to GDP Ratio Set to Break Records

The report also warns that the U.S. debt-to-GDP ratio is projected to reach record levels by 2029, surpassing the previous high seen during World War II. Publicly held debt is expected to keep rising, reaching 156% of GDP by 2054. However, the deficit outlook has improved slightly compared to last year’s projections, thanks to spending policies enacted late in the Biden administration. Previously, the CBO estimated that U.S. debt would reach 168% of GDP by 2054, but the updated projection shows a lower debt trajectory.

Soaring Healthcare and Social Security Costs

Spending on major healthcare programs has historically accounted for 4.4% of GDP, but that figure is projected to nearly double to 8.1% by 2055. Similarly, Social Security costs—which have averaged 4.5% of GDP over the past 30 years—are expected to rise to 6.1% by 2055.

Declining Workforce Participation a Growing Concern

As the percentage of working-age Americans declines, the economy could face serious labor shortages and reduced economic productivity. Without sustained immigration or policy interventions, the shrinking workforce could further strain government resources and slow economic growth.

UN Reports Record 9,000 Migrant Deaths in 2024 Amid Rising Border Crossings

Nearly 9,000 people died last year attempting to cross borders, marking the highest toll recorded in five consecutive years, according to the United Nations agency for migration. The International Organization for Migration (IOM) reported 8,938 migrant deaths in 2024, a figure likely underestimated due to unreported cases.

“The rise of deaths is terrible in and of itself, but the fact that thousands remained unidentified each year is even more tragic,” said Julia Black, coordinator of the IOM’s Missing Migrants Project.

The IOM’s deputy director general for operations, Ugochi Daniels, emphasized the need for a global approach to prevent further tragedies. “Behind every number is a human being, someone for whom the loss is devastating,” he said.

Asia recorded the highest number of migrant deaths at 2,788, followed by the Mediterranean Sea (2,452) and Africa (2,242). In the Americas, at least 1,233 fatalities were documented, including 341 in the Caribbean. Europe reported 233 migrant deaths, while the dangerous Darien Gap between Colombia and Panama set a new record with 174 fatalities.

The grim milestone comes as the IOM faces severe funding shortages. The agency recently announced cuts to essential migrant aid programs due to reductions in U.S. assistance, affecting millions of displaced people worldwide.

DOJ Memo Prioritizes Immigration Prosecutions, Posing Risks for Employers

A Department of Justice (DOJ) memo has directed federal prosecutors to prioritize immigration-related cases, potentially exposing many employers to criminal charges. Under the new policy, the DOJ may pursue cases it previously would not have, including those involving the employment of undocumented immigrants. Additionally, employers of H-1B visa holders could now face prosecution in cases where revocation was once the standard practice.

DOJ Immigration Memorandum

In a memo to all DOJ employees, Attorney General Pam Bondi emphasized that the “nation faces historic threats from widespread illegal immigration.” Consequently, immigration enforcement has become the DOJ’s top prosecution priority.

“The Department of Justice shall use all available criminal statutes to combat the flood of illegal immigration that took place over the last four years and to continue to support the Department of Homeland Security’s immigration and removal initiatives,” stated the February 5 memo.

The memo further instructed: “Consistent with the core principle of pursuing the most serious, readily provable offense, U.S. Attorney’s Offices and other Department components shall pursue charges relating to criminal immigration-related violations when such violations are presented by federal, state, or local law enforcement or the Intelligence Community.”

The DOJ specified that prosecutions should include violations of 8 U.S.C. §§ 1304, 1306, 1324-1328, and 1373, as well as 18 U.S.C. § 922(g)(5).

  • Section 1304 relates to requirements under the Alien Registration Act.
  • Section 1306 imposes penalties for failing to register or notify immigration authorities of a change of address.
  • Section 1324 penalizes individuals for “bringing in and harboring aliens.” This provision, which has not been extensively used against employers, allows for fines and up to five years of imprisonment for those who “knowingly or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.”

Other referenced sections include:

  • Section 1325: Improper entry by an alien
  • Section 1326: Reentry of removed aliens
  • Section 1327: Aiding or assisting certain aliens to enter
  • Section 1328: Importation of aliens for immoral purposes

The memo also issued a warning to DOJ attorneys: declining to prosecute immigration-related offenses could have serious consequences. “Any declinations of immigration-related offenses shall be disclosed as Urgent Reports pursuant to Justice Manual § 1-13.130. On a quarterly basis, each U.S. Attorney’s Office shall report statistics to EOUSA,” referring to the Executive Office for United States Attorneys.

The statistics will include data on immigration-related cases referred to DOJ offices, pending investigations and prosecutions, immigration-related convictions, and sentencing outcomes.

Tougher Road Ahead for Employers and Immigrant Employees

The DOJ memo is expected to significantly accelerate immigration-related prosecutions. “DOJ is instructing the field to accept essentially all immigration-related referrals for criminal prosecution,” said Chris Thomas, a partner with Holland & Hart.

He noted that the explicit reference to 8 U.S.C. § 1324 signals a clear intent to criminally charge companies and individuals who “know or recklessly disregard the fact that somebody is unlawfully present, for transporting, sheltering, or even employing such individuals.” He added that the DOJ may also target employers who “knowingly or recklessly allow outside staffing agencies and contractors” to engage in such conduct.

A recent case exemplifies the DOJ’s new approach. On February 14, Homeland Security Investigations charged the owners of a bakery in Los Fresnos, Texas, with “harboring” under 8 U.S.C. § 1324. The charges stemmed from the employment of eight undocumented workers at the bakery.

Thomas predicts that the new DOJ focus will result in less emphasis on labor exploitation, such as cases involving undocumented child labor. Instead, Immigration and Customs Enforcement (ICE) will conduct I-9 audits to gather evidence and pursue the harshest possible charges against employers.

“Companies need to receive training on conducting I-9 audits and developing response strategies when ICE agents arrive for a ‘knock and talk,’ serve a Notice of Inspection, or conduct a raid,” Thomas advised. He also stressed the importance of understanding the legal risks associated with various criminal charges.

He warned that DHS intends to refer cases for criminal charges “wherever they feel they can justify such charges.”

Small business owners targeted in an immigration raid or enforcement action may face significant legal jeopardy if they speak to federal agents without first consulting an attorney. Federal agents are expected to use high-profile enforcement actions as a deterrent to discourage the employment of undocumented workers.

Employers of H-1B Visa Holders at Risk

Employers of H-1B visa holders and other high-skilled professionals could also face heightened scrutiny. The final rule on H-1B visas issued by U.S. Citizenship and Immigration Services (USCIS) formalized the agency’s authority to conduct worksite visits. USCIS dismissed concerns that such visits—often conducted with little warning—were problematic, stating that employers must comply regardless of whether the visits occur at businesses or private residences.

FWD.us, an advocacy group, raised concerns in a public comment to the rule: “Officers will be able to deny or revoke approval for legitimate petitions if an employer, even a third-party employer where an H-1B beneficiary is working, refuses to speak with officers, does not answer to the officer’s satisfaction, or fails to answer a written request in a certain time frame.”

Immigration attorney Vic Goel of Goel & Anderson emphasized the importance of preparation. “Employers should prepare for USCIS site visits, even at third-party work locations and employees’ home offices, ensuring all documentation aligns with the petition and that internal immigration compliance teams are trained to address inquiries,” he said.

Chris Thomas believes that employers of high-skilled workers could now be exposed to serious legal risks. “It’s clear that any form of misrepresentation will be referred for further investigation,” he said. He also noted that the Fraud Detection and National Security Directorate (FDNS), which conducts worksite visits, is expected to take a more aggressive approach.

“The days of cases being referred for mere revocation will be in the past. In addition to referring cases for revocation, FDNS will most certainly refer such matters to Homeland Security Investigations and other entities for potential criminal investigations,” Thomas explained.

A Shift in Immigration Enforcement Strategy

The Attorney General’s memo making immigration prosecutions a top priority aligns with broader trends under the Trump administration. Thomas believes the DOJ’s approach will be comprehensive. “The focus will be to bring any and all charges available under immigration law,” he said.

Employers, particularly those hiring foreign workers, must adapt to this intensified enforcement landscape. With increased I-9 audits, worksite inspections, and a broader scope of potential criminal charges, legal experts advise companies to take proactive steps in compliance and legal defense strategies.

Indian Academic Badar Khan Suri Faces Deportation Over Alleged Hamas Ties

Indian academic Badar Khan Suri, a Green Card holder and postdoctoral fellow at Georgetown University, is facing deportation after being detained by U.S. Department of Homeland Security (DHS) agents at his home in Arlington, Virginia. His lawyer claims he is being unfairly targeted due to his Palestinian spouse, while U.S. officials allege he has links to a designated terrorist organization.

Arrest and Deportation Orders

Masked DHS agents reportedly informed Suri that his visa had been revoked before taking him into custody. Tricia McLaughlin, Assistant Secretary at DHS, stated, “Suri was a foreign exchange student at Georgetown University actively spreading Hamas propaganda and promoting antisemitism on social media.”

According to McLaughlin, Suri has “close connections to a known or suspected terrorist, who is a senior advisor to Hamas.” This likely refers to his father-in-law, Ahamed Yousef, a former deputy foreign minister in the Hamas government and later the head of the House of Wisdom Institute in Gaza.

On March 15, 2025, the Secretary of State determined that Suri’s activities made him deportable under INA section 237(a)(4)(C)(i), which applies to foreign nationals engaged in activities that could be deemed a security threat.

Lawyer Alleges Bias Over Palestinian Spouse

Suri’s attorney, Hassan Ahmad, argues that his client is being unfairly targeted. “He is being punished because of the Palestinian heritage of his wife, and because the government suspects that he and his wife oppose U.S. foreign policy toward Israel,” Ahmad told Politico.

Suri met his wife, Maphaz Ahmad Yousef, in 2011 while assisting an international aid convoy to Gaza. She was working as a translator with a humanitarian group. The couple married in January 2014 in Delhi after political instability in Egypt prevented them from holding the ceremony in Gaza.

Links to Pro-Palestinian Movements

Suri, who previously studied at Jamia Millia Islamia in Delhi, was teaching Majoritarianism and Minority Rights in South Asia at Georgetown University. His arrest follows the self-deportation of Ranjani Srinivasan, an Indian student at Columbia University, who left for Canada after DHS linked her to pro-Palestinian campus activities.

DHS has been cracking down on individuals suspected of spreading Hamas propaganda as part of a broader effort by the Trump administration to curb radical activities on U.S. campuses.

Heightened Scrutiny for Green Card Holders and H-1B Visa Holders Under Trump Administration

The Trump administration’s stringent immigration enforcement measures have significantly impacted green card holders and H-1B visa holders, particularly when traveling internationally. The question now is how these policies affect the Indian community in the United States.

New York-based immigration attorney Naresh Gehi told Newsweek, “The administration is taking the law in their own hands with blatant disregard to the judiciary of the nation.” He added that numerous Indian professionals with green cards have reported increased questioning.

Immigration lawyers argue that even lawful immigrants face enhanced scrutiny at entry points. The government has intensified adherence to existing immigration laws under the justification of national security and border control.

Tricia McLaughlin, Assistant Secretary at the Department of Homeland Security, defended these actions, telling Newsweek, “The Trump administration is enforcing immigration laws—something the previous administration failed to do. Those who violate these laws will be processed, detained, and removed as required.”

Additionally, Vice President JD Vance stated in a Fox News interview, “A green card holder doesn’t have an indefinite right to be in the United States.”

Increased Inspections at Airports

This shift has led to more thorough inspections at airports and border checkpoints. Some green card holders have reported instances of detention and intensive questioning upon reentry into the U.S. Legal experts warn that permanent residents who spend more than 180 days outside the country risk facing additional scrutiny upon their return.

A widely discussed case last year involved Fabian Schmidt, a green card holder from New Hampshire, who expressed dissatisfaction with his treatment at Logan Airport after returning from Luxembourg. Reports indicate that he underwent a rigorous interrogation and felt coerced into relinquishing his green card status.

However, Hilton Beckham, Assistant Commissioner of Public Affairs at Customs and Border Protection (CBP), dismissed these allegations in a statement to Newsweek. “These claims [regarding Schmidt] are blatantly false with respect to CBP. When an individual is found with drug-related charges and tries to reenter the country, officers will take proper action.”

Seattle-based immigration attorney Kripa Upadhyay criticized the government’s approach, telling Newsweek, “The revocation of green cards and arrest and detention of individuals in the U.S. without giving them an opportunity to prove their lawful status is a violation of due process.”

Upadhyay also highlighted the case of an Indian executive who was denied entry after being suspected of unauthorized employment while holding a B-1 business visa. “It is not connected to criminal activity on their parts; rather, to the fear of being without status because of excessive delays in immigration processing,” she explained.

Stricter Oversight of H-1B Visa Holders

In addition to targeting green card holders, the administration has tightened enforcement measures against H-1B visa holders. Reports suggest that individuals returning from overseas trips are subject to more rigorous questioning regarding their employment status, job roles, and salary details.

Some H-1B workers have been asked to provide extensive documentation upon arrival, including employer verification letters and pay stubs, before being allowed back into the country. Immigration attorneys warn that even minor discrepancies between visa applications and actual job duties could lead to visa revocation.

One such case involved an IT consultant working for a U.S.-based firm who was detained upon returning from India. Immigration officers reportedly questioned whether his job duties aligned with the visa’s requirements. Despite holding valid work authorization, he was detained for hours before finally being allowed to enter the country.

“Even small inconsistencies in job descriptions can create major issues,” said New Jersey-based immigration lawyer Meera Patel. “Many H-1B holders now travel with a stack of documents just to avoid unnecessary complications.”

Growing Concerns Among Indian Immigrants

The heightened scrutiny has caused anxiety among Indian immigrants, particularly those awaiting permanent residency. Many fear that prolonged travel restrictions and administrative hurdles could disrupt their careers and families.

Some have even reconsidered international travel, worried that a routine trip abroad could lead to additional questioning or, in extreme cases, denial of reentry.

“I used to visit my family in India once a year, but now I think twice,” said Rahul Mehta, a software engineer in California. “The stories of people being harassed at airports make me nervous.”

Even Indian students and professionals on temporary visas have expressed concerns. Those on Optional Practical Training (OPT) worry that any administrative errors could jeopardize their chances of securing a more permanent status in the U.S.

“There is a real fear that even the smallest mistake could lead to deportation,” said immigration advocate Sunita Rao. “People feel like they are constantly walking on eggshells.”

Political and Legal Reactions

Legal experts and immigrant advocacy groups have criticized the administration’s policies, arguing that they create unnecessary obstacles for individuals who have followed legal pathways to live and work in the United States.

Several lawsuits have been filed challenging these policies, with attorneys arguing that enhanced scrutiny disproportionately affects legal immigrants rather than addressing undocumented immigration.

Lawmakers from both parties have also voiced concerns. While some Republicans have supported the measures as a means of enforcing existing laws, Democrats have accused the administration of targeting immigrants unfairly.

“The administration is creating an environment of fear,” said Representative Pramila Jayapal. “Green card holders and skilled workers who contribute to our economy shouldn’t be treated like criminals.”

Meanwhile, some immigration officials argue that the measures are necessary to close loopholes and prevent fraud in the visa and residency process.

Potential Long-Term Impacts

Experts suggest that if these policies remain in place, they could have long-term consequences for the U.S. economy, particularly in industries reliant on skilled foreign labor.

Technology firms, in particular, have expressed concerns that increased immigration enforcement could deter top talent from seeking opportunities in the U.S. Some companies have already started exploring alternative locations, such as Canada, where immigration policies are perceived as more favorable.

“Companies need predictability when hiring international talent,” said Paul Harrington, a senior analyst at a technology consulting firm. “If the U.S. becomes too difficult to navigate, businesses will simply relocate jobs elsewhere.”

Some economists also warn that the uncertainty surrounding immigration could discourage foreign investment. Industries that rely on a steady influx of highly skilled professionals—such as healthcare, engineering, and academia—may struggle to attract the best global talent.

“Immigration policies should be structured in a way that balances national security concerns with economic growth,” said Harvard economist David Lin. “Otherwise, the U.S. risks losing its competitive edge.”

Calls for Reform

As immigration policies continue to evolve, advocacy groups and legal experts are calling for clearer guidelines and greater transparency in enforcement practices.

Some have urged Congress to pass legislation that provides more protections for green card holders and skilled workers, ensuring that legal immigrants are not unfairly targeted.

“There needs to be a more balanced approach,” said immigration attorney William Keller. “People who have followed the law shouldn’t have to live in constant fear of losing their status.”

For now, immigrants affected by the policy shifts are advised to stay informed, maintain proper documentation, and seek legal counsel when necessary.

While debates over immigration enforcement continue, one thing is clear: the landscape for legal immigrants in the U.S. has changed significantly under the Trump administration, leaving many uncertain about their future.

USCIS Backlogs and Processing Delays Continue to Rise, Affecting Immigrants Seeking Green Cards and Citizenship

The latest data from U.S. Citizenship and Immigration Services (USCIS) highlights a growing challenge for immigrants pursuing family-based petitions, green cards, and naturalization. Processing delays and backlogs are worsening, creating serious obstacles for applicants and separating families for extended periods.

Longer Wait Times for Family Petitions

The I-130 Petition for Alien Relative, a crucial step in family reunification, has seen its average processing time increase to 17.4 months as of January 2025, compared to 16.8 months in December 2024. This petition is essential for U.S. citizens and lawful permanent residents who wish to bring family members to the country.

In January, 94,739 new I-130 petitions were filed, while USCIS processed 49,395 approvals and denied 8,332 applications. However, this was not enough to keep pace with the growing backlog. The number of pending I-130 applications reached 2,355,271, marking a 1.8% rise from December’s 2,313,876. Among these, 1,872,469 cases had been delayed for over six months.

Immigration advocates warn that these delays are having a devastating impact on families. Many applicants, including spouses, children, and parents, remain separated for years, with no certainty about when they will be reunited. The prolonged wait times are adding to the emotional and financial strain on affected families.

Green Card Applications Face Increasing Delays

Applicants seeking adjustment of status through the I-485 form also experienced mounting challenges. The number of pending cases under this category increased from 1,102,338 in December to 1,124,021 in January, reflecting a 2% rise.

Processing times varied depending on the type of green card application. Across different subcategories, such as family-based, employment-based, and asylum-based adjustments, the average processing time climbed to 12.2 months, up from 11.8 months. However, Cuban Adjustment Act applications saw some improvement, with processing times dropping to 8.3 months.

Efforts to accelerate case processing led to a 14.3% rise in approvals, reaching 65,107 in January. Despite this, the backlog continued to grow as 92,424 new applications were submitted during the month.

One notable development was a slight decline in long-pending cases—those delayed for over six months—which dropped to 681,771. While this offers a glimmer of hope, overall backlogs remain a significant problem for green card applicants.

Naturalization Processing Slows Amid High Demand

For immigrants applying for U.S. citizenship through the N-400 naturalization form, the situation presented a mixed picture. The average processing time remains the fastest among major immigration forms at 6.4 months, but this marks an increase from 6.1 months in December.

At the same time, the backlog of naturalization cases grew from 535,601 in December to 540,820 in January. This was driven by a surge in applications, which rose by 16.4% to 87,174. Approvals also increased, reaching 74,957, but they were insufficient to counterbalance the influx of new cases.

Long-pending naturalization applications—those delayed for over six months—jumped by 6.8%, reaching 127,193. These figures suggest that while the naturalization process remainsrelatively efficient, it is also under increasing pressure as more immigrants seek U.S. citizenship.

The Expanding USCIS Backlog

USCIS continues to struggle with rising caseloads across multiple immigration categories. The overall backlog for major immigration forms grew from 5.56 million in December 2024 to 5.67 million in January 2025.

A significant portion of this backlog comes from employment authorization applications (I-765), which alone account for over 1.2 million pending cases. The continued increase in processing times has left many applicants in limbo, affecting their ability to work and support themselves while waiting for USCIS decisions.

Advocates Call for Policy Changes

As the backlog grows, immigration advocates are calling for systemic changes to improve efficiency and reduce wait times. Many argue that USCIS needs additional resources, staffing, and policy adjustments to handle the increasing volume of applications effectively.

Advocates stress that prolonged processing times are not just bureaucratic hurdles but have real-life consequences for immigrants. Delays in family petitions mean extended separations for loved ones, while green card and work permit backlogs can disrupt careers and financial stability.

Impact on Families and Communities

For families waiting on I-130 approvals, the emotional toll of separation continues to mount. Many applicants face years of uncertainty, unable to plan their futures due to unpredictable wait times. Parents are forced to live apart from their children, and spouses remain separated by borders without a clear timeline for reunification.

For green card applicants, processing delays mean prolonged uncertainty regarding their legal status. Those seeking permanent residency through employment-based applications often experience career disruptions, as delays in work authorization prevent them from advancing in their fields.

Similarly, immigrants seeking naturalization must navigate longer processing times, delaying their ability to vote, obtain U.S. passports, and access other benefits of citizenship.

Challenges in Addressing the Backlog

USCIS has acknowledged the backlog issue and has implemented various measures to improve processing speeds. However, the sheer volume of applications, combined with staffing limitations and complex adjudication requirements, makes it difficult to achieve significant reductions in wait times.

Efforts such as streamlining forms, increasing electronic processing, and expanding USCIS staffing have had limited success in reversing the backlog trend. The demand for immigration benefits continues to outpace the agency’s capacity to process cases efficiently.

Calls for Congressional Action

Some immigration experts believe that congressional action is necessary to address the backlog crisis. Potential solutions include increased funding for USCIS, policy changes to expedite certain categories of applications, and broader immigration reform to modernize the system.

Several lawmakers have proposed measures to improve USCIS processing times, such as hiring additional adjudicators and expanding digital services to reduce paperwork bottlenecks. However, immigration reform remains a politically sensitive issue, and progress has been slow.

Looking Ahead

As USCIS continues to grapple with rising caseloads, applicants seeking family reunification, green cards, and citizenship face prolonged uncertainty. While some measures have improved processing speeds for specific categories, overall delays remain a major challenge.

For many immigrants, the growing backlog represents more than just administrative inefficiencies—it impacts their families, careers, and future aspirations. Advocates continue to push for policy changes to reduce wait times and create a more efficient immigration system.

Until significant reforms are enacted, millions of applicants will remain stuck in a system struggling to keep up with demand, facing unpredictable delays that shape their lives and futures.

Indian Green Card Holders Face Increased Scrutiny Amid Stricter US Immigration Policies

The US Department of State recently reaffirmed its commitment to stringent immigration enforcement through an official post on its ‘X’ account, emphasizing that visa screening remains an ongoing process even after issuance. The department stressed that visa holders are continuously monitored to ensure adherence to US laws and immigration regulations. Those found in violation risk having their visas revoked and facing deportation.

This heightened scrutiny has disproportionately impacted Indian Green Card holders, particularly elderly individuals who frequently spend extended periods in India during the winter months. Reports suggest that US Customs and Border Protection (CBP) officers have been targeting such individuals at airports, pressuring them to sign Form I-407, a document that voluntarily relinquishes their permanent residency. Allegedly, those who refuse to comply have faced threats of detention or deportation.

Enforcement Under the Trump Administration

The crackdown follows a series of executive orders on immigration issued by President Donald Trump after returning to the White House. Vice President JD Vance has reinforced this strict approach, asserting in a Fox News interview that holding a Green Card does not grant an individual indefinite residency in the US. He stated that even if he personally had a favorable opinion of a Green Card holder, it would not change the fact that permanent residency is not an absolute guarantee.

A Green Card, also known as a Permanent Resident Card, grants an individual the right to live and work in the US. However, the latest enforcement actions suggest that stricter conditions are being imposed on those failing to meet residency requirements. These changes have left many Indian Green Card holders uncertain about their future status in the country.

Increased Monitoring of Green Card Holders

The State Department has reiterated its tough stance on immigration compliance, warning that even those who already possess visas or Green Cards remain under continuous scrutiny. Officials have underscored that any violation of US laws or immigration policies could result in the revocation of residency and deportation.

This shift in enforcement has triggered widespread concern among Indian permanent residents, especially elderly individuals who frequently travel between India and the US. Reports indicate that CBP officers have intensified efforts to pressure returning Green Card holders to relinquish their status. Many travelers who resisted signing Form I-407 have allegedly faced coercive tactics, including threats of detention or forced removal, creating a climate of fear among Indian immigrants.

A Broader Immigration Crackdown

The intensified enforcement is part of a broader effort by the Trump administration to tighten immigration controls. Within weeks of reassuming office, President Trump signed multiple executive orders aimed at restricting immigration, extending policies from his first term. Vice President Vance has reiterated that permanent residents should not assume an indefinite right to remain in the US. His remarks have added to growing concerns that even lawful immigrants must now tread cautiously to maintain their status.

This escalation coincides with a broader trend of rising anti-immigration sentiment in Washington, where hardline conservatives are pushing for stricter policies. Proponents argue that tougher immigration laws are necessary for economic and national security reasons, while critics warn that such measures disproportionately target legal immigrants, including Indian professionals and their families.

Targeting Elderly Indian Green Card Holders

Although the new policies apply to all Green Card holders, elderly Indian immigrants appear to be disproportionately affected. Many in this demographic divide their time between the US and India, often spending winter months in their home country before returning. However, immigration officials have started interpreting extended stays abroad as a sign that these individuals no longer intend to reside permanently in the US.

Previously, Green Card holders who remained outside the country for more than six months risked additional scrutiny upon their return. Now, reports suggest that even those traveling for shorter periods have encountered difficulties. Several elderly Indian immigrants have claimed that CBP officers aggressively encouraged them to sign Form I-407, warning that failure to comply could result in immediate detention or deportation.

For many, this practice has created an unsettling dilemma—choosing between visiting their homeland and preserving their US residency. Individuals who have lived in the country for decades and contributed to society now face an unexpected challenge: maintaining ties to their birth country could lead to the loss of their Green Card.

Concerns Over Legal Overreach

Immigration attorneys have raised alarms over what they perceive as an overreach by CBP officers. While the law allows Green Card holders to spend limited time outside the US, recent enforcement trends suggest an unofficial policy shift aimed at compelling individuals to surrender their residency.

Legal experts emphasize that officers cannot force anyone to sign Form I-407. However, many elderly immigrants, unfamiliar with US immigration law and possibly limited in English proficiency, feel powerless in the face of official threats. Several advocacy organizations have urged Green Card holders to assert their rights, advising those pressured at the border to refuse to sign the form and request legal representation instead.

Despite these recommendations, many travelers remain vulnerable. Faced with aggressive questioning and threats, elderly immigrants are often left with little recourse, leading to an increase in reported cases of involuntary Green Card relinquishment.

A Chilling Effect on Indian Immigration

The intensified scrutiny has had a profound impact on the Indian American community, sending shockwaves through the diaspora. Many Green Card holders who previously planned to apply for US citizenship are now expediting the process, fearing that permanent residency no longer provides the security they once assumed. Others are reconsidering their long-term future in the US, questioning whether they will ever be fully accepted in the country.

India has historically been one of the largest sources of legal immigrants to the US, with many arriving on employment-based visas before transitioning to permanent residency. However, the uncertainty surrounding Green Card holders has cast a shadow over this pipeline. Prospective immigrants now face the reality that even achieving permanent residency does not guarantee stability in an increasingly restrictive immigration climate.

Political and Economic Consequences

The enforcement measures targeting Indian Green Card holders could have significant political and economic implications. The Indian American community, a key voting bloc, has historically played a crucial role in elections, particularly in swing states such as Georgia and Pennsylvania. If the perception grows that the Republican administration is actively targeting Indian immigrants, it could influence voter behavior in upcoming elections.

From an economic standpoint, Indian professionals have long been essential to the US technology and healthcare sectors. Many American companies depend on skilled workers from India, and increased immigration restrictions could deter talent from pursuing opportunities in the US. This, in turn, could impact innovation, economic growth, and the ability of industries already experiencing labor shortages to attract skilled professionals.

Uncertain Future for Green Card Holders

As US immigration enforcement tightens, the fate of many Indian Green Card holders remains uncertain. While some will choose to fight for their residency rights, others may opt to leave rather than endure the stress and uncertainty of navigating an increasingly restrictive system.

For now, the message from the US government is clear: Green Card holders must remain vigilant, fully informed of their legal rights, and prepared for heightened scrutiny. As immigration policies continue to evolve under the Trump administration, many fear this is only the beginning of a more challenging era for permanent residents.

With the future of US immigration policies hanging in the balance, Indian Green Card holders find themselves at a crossroads—facing the difficult choice of continuing their lives in the US under heightened surveillance or seeking stability elsewhere.

US Green Card Holders Facing Increased Scrutiny at Ports of Entry

Immigration attorneys are reporting a rise in the number of green card holders, including Indian nationals, being subjected to secondary inspections and even overnight detentions at U.S. airports by Customs and Border Protection (CBP) officers. In some instances, individuals are being pressured to voluntarily relinquish their green cards. Among those most vulnerable are elderly Indian immigrants who reside with their children in the United States but spend the winter months in India.

Legal experts emphasize a crucial piece of advice: never surrender a green card. Holders of this status have the right to present their case before an immigration judge.

Lawyers Warn Against Voluntarily Surrendering Green Cards

Under the Immigration and Nationality Act (INA), lawful permanent residents (LPRs), commonly known as green card holders, who remain outside the U.S. for more than 180 daysare considered to be seeking “re-admission” and are therefore subject to grounds of inadmissibility. Generally, concerns about the abandonment of green card status arise when a holder remains outside the U.S. for over a year. However, even shorter absences—such as seasonal stays in India—are now drawing heightened scrutiny.

Ashwin Sharma, an immigration attorney based in Florida, shared his experience with such cases. “I have personally handled cases recently where the CBP has targeted elderly Indian green card holders, particularly grandparents who happen to have spent a bit longer outside the U.S., and pressured them to sign Form I-407 to ‘voluntarily’ surrender their lawful permanent resident status (green card). And the moment they have tried to push back, they have been met with threats of detention or ‘removal’ by the CBP officers who have been emboldened by Trump to see themselves as judge, jury, and executioner,” he stated.

Seattle-based immigration attorney Kripa Upadhyay underscored the importance of resisting pressure to surrender the green card. “Generally, an individual’s green card cannot be revoked by the border unless the person ‘voluntarily’ surrenders (by signing Form I-407). If a green card holder has spent more than 365 days out of the U.S., they are deemed to have ‘abandoned’ their residence. Even if this is the allegation, the green card holder has the right to challenge this in court, but they lose this right if they ‘voluntarily’ surrender at the airport!”

The Importance of Documentation in Proving Permanent Residence

Snehal Batra, managing attorney at NPZ Law Group, emphasized that only an immigration judge has the authority to revoke a green card. “Only an immigration judge can take away a green card, so individuals should not sign this form. Unfortunately, people do not realize this because they are afraid, confused, or do not understand what they are signing due to language barriers. This is a particular problem for our elderly green card holders who spend winter months in India and may not have sufficient evidence to prove maintenance of permanent resident status. Through documentation such as ownership of property, tax returns, and employment, one can overcome a presumption of abandonment,” she explained.

Batra cited an example of a green card holder who faced secondary inspection because he had spent significant time in India since acquiring his lawful permanent resident status over six years ago. Although he never exceeded the six-month (180-day) absence threshold, CBP officers scrutinized his travel history, determining that he returned to the U.S. primarily to retain his green card status rather than to live permanently in the country. “He was lucky this time and was admitted into the country but warned by CBP to give up his green card if he was not living in the U.S. on a permanent basis,” she noted.

Misconceptions About Green Card Maintenance

Rajiv S. Khanna, an immigration attorney based in Arlington, issued a word of caution to those who believe that periodic visits to the U.S. are enough to retain their green card. “One of the common scenarios that I have provided consultations on is when green card holders are not living in the U.S. They may visit every few months and consider that to be sufficient. That is legally incorrect. Maintaining a green card requires establishing and maintaining a permanent home in the U.S. Anything short of that can be grounds for ‘lifting the green card’ for abandonment,” he warned.

Jesse Bless, another immigration attorney, echoed this sentiment. “Lawful permanent residents who are outside the U.S. for more than a year (without a re-entry permit) are getting a notice to appear in removal proceedings,” he said.

Increased Enforcement Under the Trump Administration

Greg Siskin, co-founder of the immigration law firm Siskin Susser, recalled instances during the previous Trump administration where CBP officials went to extreme lengths to encourage green card surrenders. “During the previous Trump administration, there were sky marshals who were passing forms out on planes asking people to surrender their green cards, and people were calling and texting from the planes asking what to do. People need to not surrender their cards. But they must be prepared to sit for a while in secondary inspection. It is possible a CBP officer could even detain a person overnight. But a person is entitled to a hearing in front of a judge, and most judges are not going to be happy about these cases going in front of them, so I suspect CBP will cave in if a person is adamant about not surrendering,” he explained.

Protecting Green Card Status: Steps to Take

Given the increased scrutiny faced by green card holders, particularly those who spend extended periods outside the U.S., immigration attorneys recommend taking proactive steps to demonstrate continued residency.

  1. Avoid Extended Absences: Whenever possible, green card holders should avoid remaining outside the U.S. for extended periods, particularly for more than 180 days. If travel is necessary, securing a re-entry permit before leaving can provide additional protection.
  2. Maintain U.S. Ties: Demonstrating strong ties to the U.S. can help counter claims of abandonment. This includes keeping a primary residence, filing U.S. tax returns as a resident, maintaining U.S. bank accounts, and having employment or business interests in the country.
  3. Keep Detailed Documentation: Green card holders should retain records that prove their commitment to residing in the U.S. This includes home ownership or lease agreements, utility bills, tax returns, and evidence of family ties in the country.
  4. Seek Legal Advice: If subjected to secondary inspection or pressured to surrender a green card, individuals should remain firm and request legal counsel. Signing Form I-407 voluntarily waives the right to a hearing before an immigration judge, a step that could be difficult to reverse later.
  5. Understand the Risks: Those who frequently travel abroad should be aware that merely returning to the U.S. at regular intervals is insufficient to maintain green card status. A pattern of long absences may prompt CBP officers to question residency intentions.

Conclusion

The growing number of green card holders, especially elderly Indian immigrants, facing scrutiny at U.S. ports of entry highlights the need for vigilance. With reports of CBP officers pressuring individuals to surrender their green cards, immigration attorneys stress that lawful permanent residents must not sign Form I-407 without fully understanding the consequences.

As immigration policies continue to be enforced strictly, it is crucial for green card holders to stay informed, document their residency, and seek legal assistance when necessary. In cases of secondary inspection or threats of removal, asserting the right to a hearing before an immigration judge can make a significant difference in protecting one’s lawful permanent resident status.

Trump Administration Takes Birthright Citizenship Fight to Supreme Court

The Trump administration is escalating its legal battle to overturn birthright citizenship by bringing the matter before the U.S. Supreme Court. So far, every court that has reviewed Trump’s executive order—issued on his first day in office—has struck it down. Despite these setbacks, Trump remains determined to press forward.

The former president’s claim that birthright citizenship is unconstitutional is widely regarded as an extreme position, given that the Supreme Court ruled against such an argument 127 years ago, and that precedent has remained unchallenged ever since.

The 14th Amendment to the U.S. Constitution clearly states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” However, Trump has repeatedly asserted that not all children born on U.S. soil automatically receive citizenship.

So far, three federal judges across different states have blocked Trump’s executive order attempting to nullify birthright citizenship. Furthermore, three separate appeals courts have refused to lift those rulings. Judge John Coughenour, who was appointed by President Reagan and serves in Washington state, was the first to strike down Trump’s executive order, describing it as “blatantly unconstitutional.”

Nevertheless, on Thursday, the Trump administration submitted three nearly identical petitions to the Supreme Court, seeking to limit the reach of lower court rulings. These nationwide injunctions currently prevent the administration from implementing its new policy on birthright citizenship. By narrowing these injunctions, the administration aims to begin planning for the policy’s potential enforcement.

Stephen Yale-Loehr, a retired Cornell University immigration law professor and co-author of a widely used legal treatise on immigration, believes the Court might be open to granting this temporary limitation. However, he warned, “I think that would cause chaos and confusion as to who was included in the court rulings and who is potentially subject to the birthright citizenship ban if the case goes in favor of the Trump administration on the merits.”

Interestingly, the Trump administration’s petition to the Supreme Court devotes more attention to challenging the ability of lower court judges to issue nationwide injunctions than to the question of birthright citizenship itself. This approach may stem from the fact that certain Supreme Court justices have previously voiced frustration over the broad use of such nationwide rulings. Given the legal difficulties of overturning birthright citizenship, the administration may believe it has a better chance of success by attacking the legitimacy of nationwide injunctions instead.

Ilya Somin, a professor at Antonin Scalia Law School, commented on this legal strategy, stating, “At the very least, they have an indication that they have a better chance on the injunction question than on the [constitutional question] of birthright citizenship.”

However, Republican-led states have frequently relied on nationwide injunctions when challenging policies introduced by the Biden and Obama administrations, yet the Supreme Court did not intervene in those cases. This raises questions about whether the Court would be willing to do so now in response to the Trump administration’s request.

Professor Yale-Loehr suggested that a middle-ground outcome might be likely, allowing the Trump administration to make progress on its efforts to dismantle birthright citizenship without fully achieving its objectives.

“The Supreme Court may well limit the injunctions partially, maybe not to the extent that the Trump Administration wants, but [to the extent] that will allow the Trump administration to claim a political victory,” he explained.

Before making any decision, the Supreme Court justices will first request a response from the opposing side.

Trump Expected to Invoke Wartime Law for Mass Deportations

As early as Friday, former President Donald Trump is anticipated to invoke the Alien Enemies Act—a wartime statute that grants the president the authority to detain or deport natives and citizens of an enemy nation—according to two U.S. officials familiar with the matter. This move would be part of broader efforts to implement mass deportations.

The Department of Defense is not expected to be involved in the execution of this authority, which may allow for the deportation of certain migrants without a hearing.

Discussions regarding the invocation of this act have taken place within the administration, according to multiple sources. Trump had previously indicated during his campaign that he intended to use this law.

The Alien Enemies Act has not been enforced since World War II when it was used to justify the detention of Japanese immigrants who had not obtained U.S. citizenship. However, the larger internment of Japanese Americans was conducted under executive orders issued by President Franklin D. Roosevelt rather than the Alien Enemies Act, as the law does not apply to U.S. citizens.

Funding Freeze Threatens Immigrant Support Services, Leaving Hundreds in Limbo

The Coalition for Humane Immigrant Rights in Los Angeles (CHIRLA) is among several organizations dedicated to assisting lawful permanent residents in obtaining U.S. citizenship.

However, those essential services were put at risk last month when CHIRLA received a notification from U.S. Citizenship and Immigration Services (USCIS) that their congressionally approved funding had been suspended.

This funding freeze disrupted programs that provide civics instruction, English language classes, and citizenship interview preparation for immigrants. More than a hundred organizations have faced similar interruptions, with no indication of when the funding might be restored.

“It’s not fair,” said Karla Aguayo, CHIRLA’s director of legal services, in an interview with NBC News on Friday.

The notification arrived via email on February 4 and contained no more than five sentences. It stated: “Effective immediately, your grant from USCIS is frozen in accordance with the pause in activities,” generally referencing a January 28 memo from the Department of Homeland Security (DHS) but providing no further details. The email continued: “Payments are not available at this time. We recognize this will have an impact on your organization. We are unable to provide a timeline on this freeze.”

Since receiving that email, CHIRLA has not had any further communication from USCIS, according to Aguayo.

On Friday, 35 Democratic members of Congress sent a letter to USCIS Acting Director Kika Scott and DHS Secretary Kristi Noem demanding answers about the funding freeze.

“There has been no indication, evidence or even outright allegation that grantees have failed to meet their commitments or contractual obligations in good faith — raising serious concerns over the justification for disrupting their ability to provide crucial services,” the letter, obtained first by NBC News, stated.

Lawmakers warned that if the USCIS funding is not reinstated, it will erase progress made in reducing the backlog of naturalization applications in recent years. The letter, led by Rep. Jimmy Gomez, D-Calif., whose parents emigrated from Mexico, also cautioned that an increase in backlogs could significantly extend the time required to process citizenship applications.

When asked about the issue, USCIS responded via email, saying the agency had “nothing further to add on this matter” beyond what was outlined in the memo. The memo cited “concerns that these grants may not be an efficient use of government resources” as the rationale behind the freeze. DHS has not responded to requests for comment.

As a grantee of the Citizenship and Assimilation Grant Program, CHIRLA had been set to receive $450,000 in federal funding from USCIS from October 2023 through September 2024. The funding was intended to support hundreds of green card holders on their path to citizenship.

“We want to create as many citizens as we can,” Aguayo emphasized.

With the funding on hold, CHIRLA is now scrambling to secure alternative financial resources to continue assisting immigrants with their citizenship applications. “We’re not waiting because it’s already been over a month, and we haven’t heard anything” from USCIS, Aguayo stated.

She stressed that the organization could not suddenly abandon its students due to the funding freeze. “We can’t now abruptly pass on this inconvenience to the students. We can’t just say, ‘Oh, sorry, no more funding. Today is the last day of class,’” she said.

The lawmakers’ letter defended the grant program, arguing that it has enhanced efficiency by “equipping eligible applicants with the tools to navigate the naturalization process more effectively — saving USCIS valuable time and resources otherwise spent resolving errors, issuing requests for evidence, or reprocessing applications.”

For lawful permanent residents, also known as green card holders, who were hoping to become U.S. citizens this year, the situation may feel discouraging, Aguayo acknowledged.

Despite the uncertainty, she encouraged eligible immigrants to proceed with their applications. “We always encourage people to apply despite the circumstances,” she said.

India Revises Passport Rules: Birth Certificate Now Mandatory for New Applicants

In a significant policy shift, the Indian government has updated the passport application process, making birth certificates the sole acceptable proof of date of birth for individuals born on or after October 1, 2023.

A notification issued by the Ministry of External Affairs (MEA) on February 24 outlined amendments to the Passport Rules, 1980. These changes will be implemented once they are officially published in the Gazette. The primary goal of this modification is to standardize documentation and ensure consistency in verifying applicants’ ages.

Accepted proof of date of birth

For individuals born on or after October 1, 2023, the Passports (Amendment) Rules, 2025, stipulate that only birth certificates will be accepted as proof of date of birth. The document must be issued by one of the following authorities:

  • The Registrar of Births and Deaths
  • The Municipal Corporation
  • Any authority authorized under the Registration of Births and Deaths Act, 1969

This change is intended to eliminate inconsistencies in verification and establish a more reliable system.

For applicants born before October 1, 2023, the government will continue to accept a variety of documents to confirm the date of birth, including:

  • Birth certificates issued by the Registrar of Births and Deaths or a Municipal Corporation
  • Educational certificates, such as transfer, school leaving, or matriculation certificates
  • PAN cards issued by the Income Tax Department
  • Service records from government employment, including service extracts or pay pension orders
  • Driving licenses issued by state transport authorities
  • Election photo identity cards issued by the Election Commission of India
  • Life insurance policy bonds from public sector insurance companies

This flexibility ensures that individuals from different backgrounds have multiple options to verify their date of birth when applying for a passport.

Expansion of Passport Seva Kendras

In addition to the changes in documentation requirements, the government has announced a significant expansion of Post Office Passport Seva Kendras (POPSKs). Over the next five years, the number of these centers will increase from the existing 442 to 600. This expansion is expected to improve accessibility and streamline passport services across the country.

To facilitate this, the MEA and the Department of Posts have renewed their Memorandum of Understanding (MoU) for another five years. The continued operation and growth of these centers are intended to enhance service delivery, particularly for residents in remote and rural areas.

Other key changes in passport rules

Residential address no longer printed

One of the notable modifications involves the removal of residential addresses from the last page of passports. Instead of printed details, immigration officials will now access applicants’ residential information by scanning a barcode. This measure is expected to enhance privacy and security for passport holders.

Introduction of colour-coded passports

A new colour-coded system has been introduced for different categories of passport holders:

  • Red passports will be issued to diplomatic passport holders
  • White passports will be designated for government officials
  • Blue passports will continue to be issued to regular citizens

This system is aimed at simplifying passport identification and improving categorization.

Parents’ names no longer mandatory

In a move to accommodate children of single parents or individuals from estranged families, the government has decided to remove parents’ names from the last page of passports. This change is meant to be inclusive and considerate of diverse family structures.

Reasons behind the amendments

Officials cited by PTI have indicated that these revisions were long overdue, primarily because birth certificates were not widely available in the past, especially in rural areas. However, with the stricter enforcement of the Registration of Births and Deaths Act, 1969, birth certificates have now become a more standardized and accessible document. As a result, they are now considered the most reliable proof of date of birth.

Impact on passport applicants

These amendments reflect the government’s commitment to ensuring accuracy and uniformity in the passport issuance process. By making birth certificates mandatory for future generations, authorities aim to minimize discrepancies and establish a more reliable system of personal identification.

Applicants are encouraged to ensure they have the necessary documents based on their date of birth to avoid delays in the passport application process.

For further details on these updates, applicants can visit the official Passport Seva website.

Suja Thomas is appointed to Board of Trustees and Vice Chair of Board of Governors of CGFNS International

Suja Thomas has been elected to the Board of Trustees of CGFNS International, Inc. CGFNS International, the Philadelphia-based non-profit organization that has been serving global nurses and allied healthcare workers with credentials evaluation and career mobility since 1977.  Nurses and several other healthcare professionals from India and other countries who want to work in the United States need to first get their academic and professional education verified and validated by CGFNS for their eligibility to take licensing examinations.  US Department of Homeland Security has given authorization to CGFNS to conduct Visa Screen for Nurses and allied healthcare professionals before they apply for employment- based immigration.   Suja, who had been a member of the board of governors of CGFNS Alliance for Ethical International Recruitment Practices, a division of CGFNS International in the last two years has also taken the role as the vice chair of the board.  The appointment to the Board of Trustees is for four years and two years for the vice chair.

Suja Thomas is the Clinical Lead and Nursing Administrator at Samuel Stratton VA Medical Center in Albany, New York and is the 2024 recipient of Kerala Center Award for Nursing.  She was the president of National Association of Indian Nurses of America (NAINA) for the last term and is currently serving NAINA as the chair of the advisory board.  Suja is also an international faculty member at Manipal Academy of Higher Education in India where she inspires and mentors the next generation of nurses.  A Board-Certified Adult Gerontology Primary Care Nurse Practitioner and a Certified Wound, Ostomy, and Continence Nurse, Suja is someone who excelled in leadership and management, known for combining compassionate approach and clinical expertise and is a strong advocate of delivering high standard nursing care to patients.   Her visionary leadership and transformative strategies have earned her numerous accolades, including the Transformational Leadership Award, the Robert Scholar Award for Clinical Excellence, and the Quantum Leadership Award.  She was also honored with the Diversity Award by Albany Stratton VA Medical Center.  While serving as the Clinical Lead and Nursing Administrator and CGFNS leadership, Suja is also pursuing her PhD to enhance her expertise and leadership abilities.

“Nurses from more than hundred countries applied for Visa Screen certification in 2024.”  Suja emphasized: “the trend confirms that the US. Healthcare systems continue to depend on nurse immigrants.  While nurses are challenged with high level of stress, staff shortages, high patient ratios, risk of infections and injury, aging of baby-booming generation, accelerating rate of registered nurse retirements, and ongoing talk and uncertainty of health care reform, we cannot downplay the importance of elevating standard of nursing care delivery.  CGFNS ensures that the nurses joining the US nursing force, keep up with the demands, face the challenges and quality of care.”

CGFNS also partners with National Nursing Assessment Services of Canada and Nursing Council of New Zealand to verify credentials for nurses who want to work in those countries.  Suja noted that CGFNS International is in the process of rebranding as TruMerit.

Americans Divided on Birthright Citizenship, New Survey Finds

A recent YouGov survey reveals that Americans are largely split on the issue of birthright citizenship, with differing opinions on whether all children born in the U.S. should automatically be granted citizenship.

According to the survey, released on Friday, 51 percent of respondents support the idea that “all children born in the U.S. should automatically become citizens.” Meanwhile, 39 percent believe that “children born in the U.S. should automatically become citizens only if their parents are citizens,” and another 9 percent remain uncertain.

The findings highlight a slight partisan divide on the issue. Among those who believe all children born in the U.S. should be granted citizenship, 76 percent are Democrats, 54 percent are independents, and 26 percent are Republicans. On the other hand, 68 percent of Republicans support limiting birthright citizenship only to children whose parents are citizens, compared to 33 percent of independents and 16 percent of Democrats.

Generational differences also play a role in shaping opinions on birthright citizenship. Younger Americans are generally more supportive of granting citizenship to all children born in the country. Among adults under the age of 30, 71 percent favor birthright citizenship for all children, while 20 percent believe it should be granted only if their parents are citizens. The support drops among those aged 30 to 44, with 53 percent supporting birthright citizenship for all children and 36 percent favoring it only for children of citizens.

The trend continues with older age groups. Among those between 45 and 64 years old, only 38 percent support birthright citizenship for all children, while a majority—52 percent—believe it should be reserved for children of U.S. citizens. Among seniors aged 65 and older, opinions shift slightly, with 51 percent supporting birthright citizenship for all children born in the U.S., while 43 percent believe it should apply only to children of citizens.

The debate over birthright citizenship has been a contentious issue in U.S. politics. During his presidency, Donald Trump issued an executive order restricting birthright citizenship for children born in the U.S. to noncitizen parents. The move sparked concerns from both sides of the political spectrum and led to multiple lawsuits. Several federal judges blocked the executive order, preventing it from being implemented.

More recently, an appeals court rejected the Trump administration’s request to reinstate parts of the executive order limiting birthright citizenship.

The 14th Amendment to the U.S. Constitution, ratified in 1868, states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Despite this, some Republican lawmakers argue that the amendment has been misinterpreted and exploited in ways its original framers never intended. They believe the language should be revised to clarify birthright citizenship policies.

The survey included responses from 1,124 U.S. adult citizens and was conducted between January 27 and February 2, 2025. The margin of error for the survey is 4.1 percentage points.

USCIS Proposes Alien Registration Requirement Under Executive Order

On February 25, 2025, the United States Citizenship and Immigration Services (USCIS) introduced a proposed alien registration requirement, mandating many foreign nationals in the United States to complete an online registration and undergo fingerprinting. Individuals aged 18 and above will be required to carry proof of registration at all times.

This directive stems from President Trump’s controversial executive order, “Protecting the American People Against Invasion,” issued on January 20, 2025. Section 7 of this order, titled “Identification of Unregistered Illegal Aliens,” mandates compliance with a 1952 statute requiring the registration and fingerprinting of certain unregistered foreign nationals.

According to USCIS, “No alien will have an excuse for failure to comply with this law.” The agency further warned, “Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”

Many foreign nationals in the U.S. are already considered “registered” because they were inspected upon entry, applied for immigration benefits, or have been placed in removal proceedings. However, the new requirement will apply to specific groups who remain in the country for 30 days or longer.

Individuals subject to this requirement include those who were not inspected and lawfully admitted at entry, visitors from Canada who entered by land without inspection, and certain foreign nationals under Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or similar programs not listed under 8 C.F.R. § 264.1(a) who lack an employment authorization document (EAD).

Registration must be completed within 30 days for aliens aged 14 or older who have not been previously registered. Parents or legal guardians must register children under 14 who remain in the U.S. for more than 30 days. Additionally, any alien turning 14 in the U.S. must register within 30 days of their birthday, regardless of prior registration status.

Certain foreign nationals are exempt from this requirement, including lawful permanent residents, those paroled into the U.S. under INA 212(d)(5), nonimmigrants with Form I-94 or I-94W (even if expired), those issued immigrant or nonimmigrant visas before arrival, individuals placed in removal proceedings, and those holding an EAD. USCIS notes that DACA and TPS recipients with EADs likely qualify as registered and are therefore exempt. Additionally, applicants for lawful permanent residence who filed Forms I-485, I-687, I-691, I-698, or I-700 (even if denied) and holders of Border Crossing Cards are also exempt.

All foreign nationals over 18 must carry proof of registration at all times. USCIS stated that DHS would “soon announce” the required form and registration process. Foreign nationals subject to this requirement are advised to create a USCIS Online Account.

This policy is expected to increase ICE arrests and removal proceedings. While creating a USCIS Online Account is not currently mandated, affected individuals may consider delaying registration until further details emerge. Foreign nationals aged 18 or older should ensure they carry proof of legal status at all times.

The registration requirement is likely to face legal challenges, and ongoing updates regarding its enforceability are expected.

Trump Proposes ‘Gold Card’ Visa for Foreign Investors Seeking US Residency

US President Donald Trump on Tuesday suggested launching a new “gold card” visa initiative aimed at foreigners willing to invest in the United States and generate employment opportunities.

The proposed “gold card” visa would serve as an alternative to the existing EB-5 visa program, which has been a popular route for High Net-worth Individuals (HNIs) from India seeking US residency and eventual citizenship.

Further details about Trump’s “gold card” visa initiative are still awaited. Meanwhile, it remains unclear whether this visa would provide a direct path to US citizenship for foreign investors.

What is the “Gold Card” Visa?

The “gold card” program is designed to grant residency to foreign investors who pay a $5 million fee for the card. It would also offer green card benefits, such as US permanent residency and authorization to work in the country.

While unveiling the program, Trump stated, “We’re going to be putting a price on that card of about $5 million, and that’s going to give you green card privileges.”

Will the “Gold Card” Visa Lead to US Citizenship?

Although the “gold card” visa does not immediately grant US citizenship, it provides a pathway for investors to eventually obtain American citizenship.

Trump emphasized that the program would extend green card benefits and serve as a “route to American citizenship” for affluent individuals. This means that “gold card” holders would initially become permanent US residents, making them eligible for citizenship in the future.

According to US Citizenship and Immigration Services, a person who has maintained US permanent resident status for five years can apply for American citizenship through the naturalization process.

What is the EB-5 Immigrant Investor Visa Program?

The newly proposed “gold card” initiative is expected to replace the EB-5 immigrant investor visa program. The existing EB-5 program enables foreign investors to secure US residency by investing a specified amount—ranging between $800,000 and $1,050,000—into US businesses.

However, the EB-5 visa program has faced scrutiny due to allegations of fraud and misuse.

Commerce Secretary Howard Lutnick addressed these concerns on Tuesday, stating, “The EB-5 programme … it was full of nonsense, make-believe and fraud, and it was a way to get a green card that was low price.”

Trump Proposes ‘Gold Card’ Visa for Foreign Investors Seeking US Residency

US President Donald Trump on Tuesday suggested launching a new “gold card” visa initiative aimed at foreigners willing to invest in the United States and generate employment opportunities.

The proposed “gold card” visa would serve as an alternative to the existing EB-5 visa program, which has been a popular route for High Net-worth Individuals (HNIs) from India seeking US residency and eventual citizenship.

Further details about Trump’s “gold card” visa initiative are still awaited. Meanwhile, it remains unclear whether this visa would provide a direct path to US citizenship for foreign investors.

What is the “Gold Card” Visa?

The “gold card” program is designed to grant residency to foreign investors who pay a $5 million fee for the card. It would also offer green card benefits, such as US permanent residency and authorization to work in the country.

While unveiling the program, Trump stated, “We’re going to be putting a price on that card of about $5 million, and that’s going to give you green card privileges.”

Will the “Gold Card” Visa Lead to US Citizenship?

Although the “gold card” visa does not immediately grant US citizenship, it provides a pathway for investors to eventually obtain American citizenship.

Trump emphasized that the program would extend green card benefits and serve as a “route to American citizenship” for affluent individuals. This means that “gold card” holders would initially become permanent US residents, making them eligible for citizenship in the future.

According to US Citizenship and Immigration Services, a person who has maintained US permanent resident status for five years can apply for American citizenship through the naturalization process.

What is the EB-5 Immigrant Investor Visa Program?

The newly proposed “gold card” initiative is expected to replace the EB-5 immigrant investor visa program. The existing EB-5 program enables foreign investors to secure US residency by investing a specified amount—ranging between $800,000 and $1,050,000—into US businesses.

However, the EB-5 visa program has faced scrutiny due to allegations of fraud and misuse.

Commerce Secretary Howard Lutnick addressed these concerns on Tuesday, stating, “The EB-5 programme … it was full of nonsense, make-believe and fraud, and it was a way to get a green card that was low price.”

US Visa Waiver Program 2025: Romania Joins as New Entrant, Policy Updates Announced

The U.S. Department of State has officially announced the 2025 list of countries eligible for the U.S. Visa Waiver Program (VWP), opening up greater travel opportunities for international visitors. This latest update enhances accessibility for millions of travelers by enabling visa-free entry to the United States for business, tourism, and transit purposes.

The Visa Waiver Program allows citizens of qualifying nations to visit the United States for up to 90 days without requiring a visa. Rather than undergoing the traditional visa process, eligible travelers can instead apply for an Electronic System for Travel Authorization (ESTA) before departure.

New Additions to the 2025 US Visa Waiver Program

The 2025 Visa Waiver Program now includes a total of 40 countries, with Romania joining as the newest participant. Meanwhile, Taiwan and the United Kingdom remain eligible, but under specific conditions.

Complete List of Countries in the 2025 US Visa Waiver Program

The following is an updated alphabetical list of countries whose citizens are eligible for visa-free travel to the U.S. under the VWP:

Country Country Country
Andorra Greece Norway
Australia Hungary Poland
Austria Iceland Portugal
Belgium Ireland San Marino
Brunei Israel Singapore
Chile Italy Slovakia
Croatia Japan Slovenia
Czech Republic Latvia South Korea
Denmark Liechtenstein Spain
Estonia Lithuania Sweden
Finland Luxembourg Switzerland
France Malta Taiwan*
Germany Monaco United Kingdom*
Netherlands New Zealand Romania (New Entry!)
Qatar

 

(*Taiwan requires a personal identification number; the United Kingdom requires the right of abode.)

Key Changes in 2025

While most of the VWP list remains the same, the inclusion of Romania represents a notable change. The U.S. government has also strengthened security measures, placing greater emphasis on countries with strong diplomatic ties and robust border security protocols.

Despite Romania’s inclusion in the program, it, along with Taiwan and the United Kingdom, is not covered under the U.S. visa and interview waiver program for 2025. This exclusion has drawn concern among travelers, with officials pointing to updates in security protocols and reciprocity agreements as primary reasons for the decision.

Why the Visa Waiver Program Matters

The VWP plays a crucial role in facilitating smoother travel for millions of visitors each year. Some of its key benefits include:

  • Faster Entry – Eliminates the need for visa interviews and lengthy processing times.
  • Simplified Travel – Travelers can apply for an ESTA, book their flights, and visit the U.S. without the usual visa-related hassles.
  • Economic Contribution – According to the U.S. Travel Association, the VWP enables over 20 million visits annually, generating billions of dollars in economic activity.

How to Apply for Visa-Free Travel in 2025

For those seeking to travel under the Visa Waiver Program, the following conditions must be met:

  • A valid passport from a VWP country is required.
  • Travelers must apply for an ESTA online before departure.
  • There must be no history of visa denials or past immigration violations.

For official ESTA applications, travelers should refer to the U.S. Department of State’s website.

Updated Interview Waiver Policy for 2025

Alongside the VWP updates, the U.S. Department of State has revised its Interview Waiver Policy for nonimmigrant visa applicants.

Who Qualifies for a Visa Interview Waiver?

Under the updated policy, consular officers now have the authority to waive in-person interviews for specific applicants, including:

  • Holders of diplomatic and official visas (A-1, A-2, C-3, G-1 to G-4, NATO-1 to NATO-6, and TECRO E-1).
  • Those renewing their visas within 12 months of expiration (previously, this period was 48 months).
  • Applicants filing from their country of nationality or residence.
  • Individuals with no prior visa refusals or ineligibilities.

One major change under this policy is that first-time visa applicants and those whose visas expired more than 12 months ago will now need to attend an in-person interview. Previously, visa renewals could be processed without an interview if the visa had expired within 48 months.

Final Thoughts

The 2025 updates to the US Visa Waiver Program promise a more efficient travel experience for citizens of participating countries. However, travelers should remain informed about any shifts in policy, particularly regarding the interview waiver program.

With the simplified ESTA process, visa-free travelers can look forward to a streamlined entry into the United States.

Foreign-Born Workers Driving U.S. Job Growth Amid Demographic Challenges

Over the past five years, the U.S. labor market has seen a net gain of 5.4 million jobs, according to the U.S. Bureau of Labor Statistics’ household survey. The establishment survey reports an even larger increase of seven million jobs. While differences exist between the household (Current Population Survey) and establishment (Current Employment Statistics) surveys, the household survey is used here because it provides the necessary demographic details for analyzing workers. Among the 5.4 million new jobs, nearly all net gains were attributed to foreign-born workers, who accounted for 4.7 million of them. Meanwhile, the number of native-born workers in the U.S. has grown by only around 650,000 since early 2020.

This raises the question: Are foreign-born workers actually “taking jobs” from native-born Americans? The answer is no, and understanding why requires examining the broader labor force trends among native-born workers.

One key factor to consider is that while the absolute number of native-born workers has declined, the percentage of native-born Americans of prime working age (25–54) has slightly increased over the past five years. Using a 12-month average, the prime-age employment rate for native-born workers was 80.7 percent in January 2020, rising to 81.5 percent by January 2025. Foreign-born workers also experienced an increase over the same period, from 77.1 percent to 78.1 percent. Both figures are now at their highest recorded levels since data collection began in 2007.

These employment trends may appear contradictory given that all net job gains have gone to foreign-born workers, but they are actually consistent. The number of native-born Americans in their prime working years has remained largely unchanged since around 2013, as noted by Cato Institute’s Scott Lincicome. This issue is expected to intensify, as the U.S. birth rate has been on a steady decline since 2007—exactly 18 years ago. This demographic trend means that the number of native-born Americans entering the labor force will continue to shrink in the coming years. In fact, the U.S. fertility rate (births per woman) in 2023 was nearly 25 percent lower than in 2007.

Efforts to boost fertility rates through government policies have largely proven to be costly and ineffective. However, some analysts suggest that reforms could help. Vanessa Brown Calder and Chelsea Follett have compiled a list of policy recommendations aimed at increasing birth rates, many of which involve reducing government interventions. Nevertheless, absent major reforms, it is unlikely that the native-born working-age population will grow significantly in the near future. Even if birth rates were to rise immediately, it would take 18 years for these new workers to enter the labor force and decades for the impact to become substantial.

In contrast, the number of foreign-born individuals in the prime working-age group has been increasing. While the native-born prime working-age population has remained stagnant since 2013, the foreign-born equivalent has grown by nearly five million over the same period. These figures come from the Current Population Survey, which is conducted jointly by the U.S. Bureau of Labor Statistics and the U.S. Census Bureau. Like any survey, it has limitations, particularly in identifying certain demographic groups such as immigrants. However, it remains the most reliable data source available for these estimates, as it is the same survey used to measure unemployment and other labor market indicators. With the scheduled benchmark update in January 2025, the Census Bureau’s population estimates should improve the accuracy of these data.

Without continued immigration, the U.S. faces serious demographic challenges. Predicting the future is difficult, but based on Census Bureau population projections, William Frey of the Brookings Institution estimates that the ratio of workers to retirees will decline significantly under any scenario. The most extreme case—a “zero immigration” scenario—suggests that the current ratio of 3.6 workers per retiree could plummet to just 1.4 by 2100. Even under a “high immigration” scenario, the ratio would still decline to approximately 2 workers per retiree. The economic and fiscal differences between these two scenarios could be enormous.

Maintaining a healthy worker-to-retiree ratio—sometimes called the old-age dependency ratio—is essential for the long-term stability of the U.S. economy. As the population ages, retirees will require substantial healthcare services, creating demand for more healthcare workers. Many retirees also hold significant wealth and will want to spend it on industries such as travel and tourism. Beyond these sectors, many industries that are not currently foreseeable will also require new, younger workers to sustain future economic growth.

While it is true that most new jobs in the U.S. economy have gone to foreign-born workers, this does not mean that these workers are displacing native-born Americans. Instead, it highlights the increasing need for immigration to address demographic challenges. Restrictive immigration policies could exacerbate the labor shortages that arise from an aging population. Without a steady flow of new workers, the U.S. would need to rely on massive advancements in automation and productivity across various industries. Achieving such improvements would require fewer regulatory burdens and lower taxes to encourage innovation.

Ultimately, the data suggest that immigration plays a vital role in supporting the U.S. labor market. As birth rates decline and the native-born working-age population stagnates, foreign-born workers have become increasingly essential to maintaining economic stability. Looking ahead, policies that promote a more open approach to immigration will be crucial in ensuring that the U.S. workforce remains robust enough to support retirees, drive economic growth, and sustain critical industries.

H-1B Visa Program Faces Scrutiny Over Alleged Abuse and Policy Concerns

The H-1B visa program is facing criticism from policy experts who argue that it is being misused to hire foreign workers at the expense of American employees. Estimates suggest that over 700,000 H-1B visa holders currently reside in the United States, accompanied by approximately 500,000 dependents. Together, they contribute more than $85 billion annually to the U.S. economy.

This visa category is designed as a temporary program that permits American businesses to hire highly educated foreign professionals for “specialty occupations” requiring at least a bachelor’s degree or its equivalent. Fields such as mathematics, engineering, technology, and medical sciences qualify for H-1B visas.

Policy expert Jessica Vaughan has presented a report to Congress advocating for stricter regulations on temporary work visas. She believes that such programs distort the labor market and lead to the displacement of American workers. Vaughan contends that immigration agencies must allocate more resources to enforcing existing regulations and tackling fraud. According to her, “Not only do they contribute to more illegal immigrants with high overstay rates, but they can also create security risks.”

Vaughan further argues that the United States does not suffer from a labor shortage, whether in skilled professions or lower-wage jobs. “There are millions of Americans of working age who have dropped out of the labor market,” she states.

Even within the STEM sector, Vaughan points out that more than two million U.S. degree-holders in STEM fields are either unemployed or not working in STEM-related jobs, which represents about one-sixth of the total workforce in these areas. She asserts that beyond enforcement efforts, Congress should reform visa programs to prioritize opportunities for American workers.

A key recommendation from Vaughan’s report is that staffing companies should not be permitted to sponsor foreign visa workers. She argues that these companies follow a business model designed to replace American workers with foreign employees who accept lower wages. Vaughan also highlights concerns over illegal hiring practices, including charging workers unlawful recruitment fees and exploiting them—issues prevalent in both high-skilled and low-wage industries.

Another recommendation is holding all employers accountable for high overstay rates among sponsored workers.

Regarding H-1B visas specifically, Vaughan proposes limiting their duration to an initial two-year period, with a possible extension up to four years. She opposes automatic extensions based on pending green card applications.

She also suggests capping the total number of H-1B visas at 75,000 or fewer, including those granted in the nonprofit and research sectors, which currently have no numerical limit. If demand exceeds supply, Vaughan recommends allocating visas to the highest-paying employers as a proxy for selecting the most skilled workers.

Jessica M. Vaughan serves as the Director of Policy Studies for the Center for Immigration Studies, a Washington, D.C.-based research institute that analyzes immigration’s impact on American society and advises policymakers on immigration-related issues.

Beyond the H-1B program, Vaughan also addresses the H-2A and H-2B visa categories, which allow foreign workers to take temporary jobs in the U.S. She suggests that federal agencies should only be allowed to request visa workers under very limited conditions.

For the H-2A visa, which is designated for agricultural labor, Vaughan calls on Congress to redefine “agricultural work” to exclude food processing jobs. Additionally, she proposes requiring H-2A workers to spend at least 180 days each year in their home country before becoming eligible to return. She also recommends barring dependent family members from receiving visas, arguing that such measures would reinforce the program’s temporary nature.

As for the H-2B visa, which is intended for seasonal or temporary unskilled labor, Vaughan advocates for either eliminating it entirely or significantly reducing its scale. She proposes restricting the visa’s duration to less than a year and allowing renewal only after the worker has returned to their home country for at least 180 days.

Experts Highlight Challenges Migrants Face Under Trump-Era Policies

The policies enacted during the Trump administration have introduced new obstacles for migrants and those assisting them, according to a panel of experts at a Johns Hopkins University event on February 6. The discussion coincided with the launch of the new Critical Diaspora Studies undergraduate major at the Chloe Center.

Hosted by the Chloe Center for the Critical Study of Racism, Immigration, and Colonialism, the event, titled From the Borderlands to Baltimore: Meeting the Challenges for Refugees Today, was organized in collaboration with the Center for Social Concern and the Program in Latin American, Caribbean, and Latinx Studies. The panel examined the impact of shifting policies on migrant communities and the professionals supporting them.

The discussion featured Susana Gastelum from SAMU First Response, Yaneldis Boullon from Esperanza Center Health Services, and immigration lawyer Fatmata Barrie of Barrie Law Center.

Gastelum, who previously worked at a now-closed migrant shelter in Tucson, Arizona, described how policy changes have affected not only migrants but also local businesses that depended on them.

“We were employing food companies, janitorial companies, transportation. And now all these people have been laid off,” she said.

She further explained that asylum restrictions had left many individuals stranded in small border towns, uncertain about their future due to the cancellation of scheduled appointments with U.S. authorities.

The panelists also addressed how policy changes have instilled fear among undocumented migrants and asylum seekers. Boullon pointed out that many migrants now avoid essential services such as hospitals and schools because of the potential risk of encountering immigration enforcement.

“The reality is that depending on the county in Maryland that one lives in, one might be more at risk of being questioned,” Boullon said. She noted that deportations have historically been a government practice but are now being used to create fear among immigrant communities.

Barrie, an immigration attorney, spoke about the psychological burden these policies place on migrants and the role that legal professionals play in guiding them through the complex system.

“They say an attorney is a counselor, and I am doing a lot of the counselor part—having to calm people down and have them understand that the images they see online are purposeful,” she said. “We’ve always had removals and deportations. It’s nothing new, but the images are purposeful. It’s there to imprint people’s minds and psyches to be frozen with fear.”

Despite these challenges, the demand for services in Baltimore remains high, according to Boullon. The Esperanza Center continues to provide critical support to migrants in the city.

The panel also addressed the emotional toll faced by professionals working in high-stress environments. Gastelum shared that her motivation comes from wanting to create a better world for her child and for other mothers, while Boullon highlighted the importance of celebrating and supporting her community.

Myriam Amosu, a senior who attended the event, expressed gratitude for the panelists’ perspectives.

“If it’s stressful for us just hearing about it, you can’t imagine how much it must be for them, actually being there and trying to help as many people as possible,” she told The News-Letter.

The discussion also placed these issues in a broader global framework. Barrie argued that both past and present neocolonial systems have contributed to forced migration, making it essential to understand migration through a historical lens.

Following the event, The News-Letter interviewed Christopher Amanat, a first-year student majoring in History and Critical Diaspora Studies, who played a role in organizing the panel. Amanat, who had previously worked with Gastelum in a migrant shelter, expressed his desire to raise awareness about the difficulties faced by those working in immigration under the current administration.

“If you are an immigrant yourself, or if you have family who are immigrants, or if you have a family member who is undocumented, and you feel afraid and you feel alone, know there are people fighting for you,” he said. “I am fighting for you. We can only make a change together.”

US Tightens Visa Interview Waiver Rules, Impacting Indian Applicants

Indian travelers renewing U.S. visas now face a new challenge as the U.S. Department of State has abruptly shortened the eligibility window for visa interview waivers (dropbox) from 48 months to just 12 months. This sudden change complicates the renewal process for thousands of Indian applicants.

The revised policy, which takes immediate effect, affects nonimmigrant visa holders such as H-1B and B1/B2 applicants. These individuals previously benefited from more flexible rules introduced during the COVID-19 pandemic to ease consular backlogs.

Now, only applicants renewing a visa in the same nonimmigrant classification that expired within the past 12 months will qualify for dropbox processing, according to The National Law Review.

Though there has been no official government announcement, Visa Application Centers (VACs) have already begun turning away applicants who no longer meet the updated criteria.

Previously, the dropbox process was available for visa renewals if the prior visa had expired within the past 48 months—a policy designed to address pandemic-related delays. With the sudden rollback, many travelers will now be required to attend in-person interviews, adding further strain to an already overburdened system.

Impact on Indian Visa Holders

This change significantly affects holders of H-1B, L-1, O-1, and other nonimmigrant visas, many of whom now face:

  • Increased demand for in-person appointments at U.S. consulates.
  • Longer wait times for visa interviews, especially in high-demand locations.
  • Possible travel disruptions for business travelers and professionals requiring swift renewals.

Reason Behind the Policy Shift

The U.S. is experiencing record-high visa demand. Despite ongoing challenges, 1.76 million Indians traveled to the U.S. in 2023, according to the U.S. Department of State.

In 2022, B1/B2 visa appointment wait times in India had exceeded 999 days, prompting the 48-month dropbox extension to help reduce the backlog. However, these long delays persist, with current wait times for visa interviews still exceeding a year in major Indian cities:

  • Delhi & Mumbai: Over 440 days
  • Chennai: 436 days
  • Hyderabad: 429 days
  • Kolkata: 415 days

What Applicants Can Do

Given the sudden rule change, applicants should take the following steps:

  • Confirm Eligibility: If your visa expired more than 12 months ago or you are applying in a different category, you will need to schedule an in-person interview.
  • Plan for Delays: With long wait times and the new policy expected to create further backlogs, travelers should prepare for extended processing times.
  • Consider Premium Processing: Those renewing H-1B visas may benefit from premium processing to minimize travel disruptions.

The rollback comes at a time when Indian visa applicants are already grappling with lengthy wait times. With increased demand and a limited number of interview slots, securing timely visa renewals is set to become even more challenging.

UAE Introduces Blue Visa to Recognize Environmental Leaders with 10-Year Residency

The United Arab Emirates (UAE) has rolled out the first phase of its Blue Visa, a long-term residency initiative aimed at honoring individuals who have made outstanding contributions to environmental protection and sustainability.

This newly introduced 10-year visa underscores the country’s commitment to sustainability efforts, providing exclusive advantages to global environmental leaders.

Understanding the Blue Visa

The UAE Blue Visa is a 10-year residency permit granted to individuals who have shown exceptional dedication to environmental conservation. This initiative is designed to acknowledge and support thought leaders, innovators, and advocates working towards global sustainability, both within the UAE and internationally.

This visa was officially unveiled at the World Governments Summit 2025 and serves as an extension of the UAE’s existing Golden and Green Visas, which are targeted at investors, entrepreneurs, and skilled professionals. The introduction of the Blue Visa aligns with the nation’s broader sustainability goals, which have been a primary focus throughout 2024.

Eligibility for the Blue Visa

The UAE’s Blue Visa is available to a diverse group of individuals who have actively contributed to environmental preservation. Those eligible for this residency program include:

  • Members of international organizations
  • Representatives of global companies
  • Individuals affiliated with environmental associations and non-governmental organizations (NGOs)
  • Recipients of international awards in environmental fields
  • Notable activists and researchers focused on environmental work
  • UAE citizens and residents advocating for environmental protection

By adopting an inclusive approach, the UAE ensures that individuals from various backgrounds and expertise levels are recognized for their contributions to sustainability.

Advantages of the UAE Blue Visa

In addition to offering long-term residency, the Blue Visa provides a host of benefits aimed at fostering environmental progress:

  • A 10-year residency permit in the UAE
  • Opportunities to collaborate on sustainability-driven projects
  • Access to financial resources and environmental funding
  • Recognition for contributions to environmental conservation
  • Potential nominations for additional grants and awards

These incentives are intended to empower visa holders to further their environmental efforts and enhance their global impact.

Application Process for the UAE Blue Visa

Individuals interested in applying for the Blue Visa can do so through the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP). The application process includes two primary routes:

  1. Direct Application: Individuals may submit their applications through the ICP’s official website or mobile application.
  2. Nomination Process: Government agencies focused on sustainability can nominate individuals based on their environmental contributions.

The initial phase of this program involves electronic approvals, with applications being assessed in accordance with ICP-approved procedures.

UAE’s Broader Long-Term Residency Initiatives

Over recent years, the UAE has launched several long-term residency programs to attract skilled professionals and investors. These include:

  • Golden Visa (10 years): Offered to investors, entrepreneurs, scientists, outstanding students, and humanitarian pioneers.
  • Green Visa (5 years): Designed for skilled professionals, freelancers, investors, and entrepreneurs.

With the introduction of the Blue Visa, the UAE expands its long-term residency programs to specifically recognize individuals committed to environmental change.

Conclusion

The UAE’s Blue Visa marks a significant step toward fostering global environmental cooperation by honoring individuals dedicated to sustainability. By offering a long-term residency along with numerous benefits, the UAE aims to attract the most talented minds in climate action and conservation.

For eligible individuals, this visa presents a unique opportunity to participate in meaningful environmental projects while enjoying long-term residency in one of the world’s most dynamic nations.

Work Visa Salary Requirements in 2025: What You Need to Know

Securing a work visa in 2025 involves more than just having the right skills and experience—your salary is now a crucial factor. Many countries have updated their minimum salary thresholds, making it essential for prospective workers to stay informed before applying.

From Australia’s increased Temporary Skilled Migration Income Threshold (TSMIT) to the United Kingdom’s significantly higher Skilled Worker Visa salary requirement, understanding these changes is key to planning your next career move abroad. Below is a country-specific breakdown of the latest salary requirements.

Salary Thresholds for Work Visas in 2025

Australia

Australia has revised its visa salary requirements. Starting from July 1, 2024, the TSMIT for employer-sponsored visa programs rose to AUD 70,000 from the previous AUD 53,900. This increase applies to various employer-sponsored visas, including the Temporary Skill Shortage (TSS) Visa.

Canada

Canada’s approach remains flexible, depending on the visa category. The Temporary Foreign Worker Program requires that the offered wage matches or exceeds the median wage for that particular occupation in the region where the applicant will be employed. For instance, as of January 2025, Ontario’s minimum wage was $17.20 per hour, while Quebec’s was $15.75 per hour.

However, the Express Entry program does not impose a strict salary cut-off. Instead, a job offer and salary are assessed as part of the overall immigration application, considering additional factors such as work experience, education, and language proficiency.

Germany

Germany has updated its salary thresholds for the EU Blue Card in 2025. The minimum salary requirement is now set at €48,300 annually for non-shortage occupations and €43,759.80 for shortage occupations, an increase from the previous €45,300 and €41,041.80, respectively.

For the general work visa, there is no specific salary threshold. However, the offered wage must align with collective bargaining agreements or at least meet the national minimum wage to be considered valid.

Japan

Japan continues to follow a points-based system for its Highly Skilled Professional Visa, where annual income plays a significant role in the overall evaluation. Higher earnings improve the applicant’s chances of securing the visa.

For a traditional Japan Work Visa, there is no fixed salary requirement. However, the pay offered must be comparable to what a Japanese worker in a similar role would earn.

Singapore

Singapore has raised its salary requirements for work visas. Since September 1, 2023, the minimum qualifying salary for new Employment Pass (EP) applications has been set at SGD 5,000, with a higher threshold for older applicants. In the financial services sector, the minimum salary requirement is SGD 5,500.

Additionally, the minimum qualifying salary for S Pass applicants increased to SGD 3,150 in 2023 and will further rise to SGD 3,300 on September 1, 2025.

Sweden

Sweden has adjusted its work permit requirements in line with rising wages. The median salary in the country has increased to 35,600 kronor per month, with a new minimum threshold of 28,480 kronor per month for work permit applications. These new thresholds apply to all fresh applications and renewal requests submitted after the enforcement date.

Prospective workers aiming to relocate to Sweden must ensure their offered salary meets these revised benchmarks to avoid delays or rejection.

Switzerland

Switzerland does not enforce a fixed minimum salary for work visas. Instead, the offered wage must align with what Swiss employees typically earn in comparable positions. Additionally, it should be sufficient to support the applicant and any dependents they plan to bring along.

United Arab Emirates (UAE)

The UAE does not implement a nationwide salary requirement for work visas. However, employers must ensure that their offered salary complies with the Ministry of Human Resources and Emiratisation’s fair compensation standards. The salary should also be adequate for applicants to sustain themselves and their families.

United Kingdom

The UK has implemented a substantial increase in its Skilled Worker Visa salary thresholds. As of April 2024, the minimum salary requirement surged to £38,700 per year, up from £26,200.

There are some exceptions, particularly for healthcare and social care roles, where the threshold is set at £29,000. Moreover, applicants with a PhD relevant to their job or those applying for positions listed under shortage occupations may qualify for reduced salary requirements.

United States

In the United States, work visa salary requirements vary depending on the visa category and job location.

For an H-1B visa, the offered salary must meet the “prevailing wage” criteria, meaning it should either match the average wage paid to workers in a similar role within the same region or be equal to the national average for that occupation—whichever is higher.

For individuals applying for an O-1 visa, which is designed for those with extraordinary abilities, there is no strict salary threshold. However, applicants must provide sufficient evidence of their exceptional achievements and industry recognition.

Beyond Salary: Additional Considerations

While meeting the salary threshold is a critical requirement, other factors also influence work visa approvals, including:

Job Offer – A legitimate employment offer from a licensed employer is essential for visa eligibility in most countries.

Experience and Qualifications – Relevant work experience and specialized skills can strengthen an applicant’s visa application.

Educational Background – Some countries enforce educational prerequisites for specific professions, requiring applicants to hold certain degrees or certifications.

With countries tightening their work visa policies and raising salary thresholds, staying updated on these requirements is crucial for professionals considering international job opportunities in 2025.

Indian Embassy to Open 14 New Consular Service Centers in UAE

In a significant move to improve consular services, the Indian Embassy has announced the launch of 14 new service centers under the Indian Consular Application Centre (ICAC) in the UAE.

These centers, set to open in the second quarter of this year, will be spread across the UAE, making consular services more accessible to Indian expatriates. As per the Request for Proposal (RFP) for the Outsourcing of CPV Services at the Embassy of India in Abu Dhabi and the Consulate General of India in Dubai, released on January 31, these centers will be strategically located to enhance accessibility. The proposed ICAC branches will be established in the following areas: Abu Dhabi (Al Khalidiya, Al Reem, Musaffah, Al Ain, Ghayathi), Dubai (Bur Dubai, JLT/Marina), Sharjah (Al Majaz), Ajman (Al Jurf), Fujairah, Umm Al Quwain, Khor Fakkan (Corniche, Subaru), Kalba, and Ras Al Khaimah (Nakheel, Khuzam, Mareed).

The proposal outlines, “14 Indian Consular Application Centres (ICACs) for CPV Services as specified in Section 1(A) (xi) of Chapter VII under the jurisdiction of Mission/Post in Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah, Umm Al Quwain, Khor Fakkan, Kalba and Ras Al Khaimah in well-connected commercial complexes with ample parking facilities for applicants, in prime locations.”

To operate these centers, the embassy has issued a tender to identify service providers for the ICAC. This initiative is designed to integrate all consular services into a single system, benefiting approximately four million Indian nationals residing in the UAE, in addition to foreign nationals applying for Indian visas.

At present, the Indian Embassy relies on BLS International for passport and visa applications, while IVS Global handles document attestation. Some services are directly overseen by the Indian Embassy and the Consulate General in Dubai. The introduction of ICAC aims to streamline these services, bringing them under one unified, efficient system.

The primary goal of the ICAC initiative is to enhance service quality by improving operational efficiency and ensuring greater transparency. Some of the key features of this proposed system include:

  • A new online portal for scheduling appointments
  • Faster appointment slots available within five days
  • Reduced processing time of 30 minutes per application

As stated in the Request for Proposal (RFP), service providers that fail to meet the required efficiency standards may face financial penalties. Between January 2022 and December 2024, Indian embassies processed over 1.58 million transactions, handling an average of 1,760 applications daily.

The ICAC project was initially planned for launch in January 2024 following a tender issued in 2023. However, due to technical difficulties, the rollout was delayed.

With this latest announcement, Indian nationals in the UAE can look forward to improved access to consular services through this new, centralized system.

USCIS Announces FY 2026 H-1B Cap Registration Period and Process Enhancements

The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year 2026 H-1B cap will begin at noon Eastern on March 7, 2025, and will conclude at noon Eastern on March 24, 2025. During this timeframe, prospective petitioners and their representatives must electronically register each beneficiary through a USCIS online account and submit the necessary registration fee.

To participate in the selection process, those seeking H-1B visas must complete the online registration using a USCIS account and pay a registration fee of $215 for each submission. This fee applies to every individual beneficiary registered under the program.

Employers who intend to file H-1B petitions but do not have a USCIS online account must establish an organizational account before proceeding. For employers who previously held an H-1B registrant account for the FY 2021 through FY 2024 registration periods but did not use it for FY 2025, their existing accounts will be automatically converted into organizational accounts upon their next login. First-time registrants can create an account at any time. Additional information, including instructional videos, can be found on the Organizational Accounts Frequently Asked Questions page, which will be updated with FY 2026 registration details before the opening of the registration period.

Legal representatives are permitted to add clients to their accounts at any time. However, both representatives and registrants must wait until March 7, 2025, to enter beneficiary details and submit the registration with the applicable fee. The selection process takes place after the registration period ends, meaning there is no need to register on the first day of the window.

For FY 2026, USCIS will continue using the beneficiary-centric selection process that was implemented in FY 2025. Under this system, selections are made based on unique beneficiaries rather than individual registrations. If USCIS receives a sufficient number of registrations for unique beneficiaries by March 24, it will conduct a random selection process and notify users of their selection status through their USCIS online accounts. If the number of unique beneficiary registrations falls short, all properly submitted registrations during the initial period will be selected. By March 31, USCIS plans to inform prospective petitioners and representatives if at least one of their registrations has been selected.

The U.S. Department of the Treasury has approved a temporary increase in the daily credit card transaction limit to accommodate the anticipated volume of H-1B registrations. The limit, which was previously set at $24,999.99 per day, has been raised to $99,999.99 per day for the FY 2026 H-1B cap season. This change addresses past issues where daily credit card limits were exceeded due to high registration volumes. Payments exceeding $99,999.99 may be made through Automated Clearing House (ACH) transfers, though users are advised to check with their banks to remove any potential ACH transaction blocks beforehand. USCIS will provide additional guidance regarding payment procedures before the registration period begins.

To be eligible to file an H-1B cap-subject petition—including petitions for beneficiaries eligible for the advanced degree exemption—petitioners must ensure that the beneficiary named in their petition was selected during the H-1B registration process. Further details about the electronic registration process are available on the H-1B Electronic Registration Process page.

Organizational Account Enhancements for FY 2026

For the FY 2026 H-1B filing season, USCIS has introduced several improvements to organizational and representative accounts to streamline the registration and petitioning process. These enhancements include:

  • Paralegals can work with multiple legal representatives: Paralegals will now be able to accept invitations from multiple legal representative accounts. This update enables them to assist different attorneys in preparing H-1B registrations, Form I-129 H-1B petitions, and Form I-907 requests for premium processing using a single paralegal account.
  • Simplified process for adding paralegals to company client accounts: Legal representatives will now have an easier way to add paralegals to assist with H-1B filings for company clients.
  • Pre-population of Form I-129 fields: Certain fields in Form I-129 will be automatically pre-filled based on selected H-1B registrations, reducing data entry errors and improving efficiency.
  • Spreadsheet upload functionality for beneficiary data: Employers and legal representatives will have the option to prepare an H-1B beneficiary data spreadsheet and upload it to pre-populate registration information, further streamlining the process.

These system improvements are scheduled to go live before the initial registration period opens in March 2025, ensuring that prospective petitioners and legal representatives can take full advantage of the enhanced features.

US Military Aircraft Deports Illegal Indian Immigrants Amid Social Media Outrage

A United States military aircraft transporting illegal Indian immigrants arrived in Amritsar this afternoon, marking the first deportation of its kind since Donald Trump’s second term began. The aircraft, operated by the US Air Force, departed from San Antonio, Texas, and landed at Shri Guru Ramdas Ji International Airport in Punjab’s Amritsar.

Shortly after reports of the deportation emerged, images purportedly depicting the Indian immigrants in handcuffs began circulating on social media. These pictures fueled widespread outrage, as they appeared to show detainees in restraints, including handcuffs and ankle chains. Some images depicted men with their hands cuffed behind their backs, their faces obscured by masks, while others showed individuals sitting with their ankles chained together.

Social media users reacted strongly to these images. One user on X expressed shock, stating, “Handcuffed and chained by the legs, Indians are returning to Amrit Kaal. I have never seen this sight ever!” Another post condemned the perceived treatment of the deportees, saying, “Indians clearly are treated here like prisoners while they are not only handcuffed but also leg cuffed while they are being deported from USA by Trump.”

Clarification on Viral Images

However, a fact-check by HT.com using reverse image search revealed that these images were not related to the Indian immigrants deported from Texas to Amritsar today. Instead, the pictures actually depicted migrants deported from the United States to Guatemala on January 30.

The photograph showing men sitting with their ankles chained was originally published by the Associated Press (AP) five days ago. The AP caption for the image read, “U.S. Air Force jet with migrants bound at their wrists and ankles departed Texas for Guatemala on Thursday, carrying 80 deportees in another deportation flight that reflects a growing role for the armed forces in helping enforce immigration laws.”

Additionally, AP reported that “The Trump administration has used military aircraft to deport people to Guatemala, Ecuador, and Colombia, a departure from U.S.” This indicates that the images making rounds on social media were misattributed to the recent Indian deportation case.

UK to Revamp Global Talent Visa in 2025: Key Changes and Application Process

The United Kingdom is poised to make major changes to its work visa system in 2025, introducing significant updates to the Global Talent Visa. This self-sponsored visa provides a unique opportunity for highly skilled professionals to live and work in the UK without requiring employer sponsorship.

For experts in fields such as technology, science, arts, and academia, the Global Talent Visa could serve as a gateway to the UK’s competitive job market. Below is an overview of the Global Talent Visa, the latest policy changes, eligibility criteria, and the application process.

Understanding the UK Global Talent Visa

The Global Talent Visa is designed for individuals with exceptional talent in key sectors, allowing them to work in the UK without being tied to a specific employer. Unlike the Skilled Worker Visa, which mandates a job offer, this visa grants professionals the flexibility to switch jobs, operate independently, or establish a business in the UK.

This visa is particularly aimed at professionals working in:

  • Technology and digital innovation, including artificial intelligence, cybersecurity, and software development
  • Engineering and advanced manufacturing
  • Science and research
  • Arts and culture, such as filmmaking, music, design, and architecture
  • Academia and higher education

To qualify, applicants must demonstrate exceptional talent or promise in their respective fields and secure an endorsement from a recognized UK organization.

Updated Eligibility Criteria for the Global Talent Visa (2025)

To obtain a Global Talent Visa, applicants must meet the following criteria:

  1. Endorsement from an Approved UK Body

Applicants must secure an endorsement from one of the following official organizations:

  1. Tech Nation for professionals in digital technology
  2. Arts Council England for artists, musicians, and designers
  3. Royal Academy of Engineering for engineers
  4. British Academy, Royal Society, or UK Research and Innovation (UKRI) for scientists and researchers
  1. Proof of Exceptional Talent or Promise

Candidates must demonstrate their accomplishments through:

  1. Awards, patents, or published research
  2. Media recognition and industry impact
  3. Contributions to major projects, startups, or established companies
  1. No Job Offer Required but Clear Work Intentions Needed

Although a job offer is not necessary, applicants must outline their professional objectives in the UK, such as freelancing, launching startups, or collaborating with local businesses.

  1. No Minimum Salary Requirement and No Employer Sponsorship Needed

Unlike the Skilled Worker Visa, there is no salary threshold. Applicants are free to work on multiple projects, freelance, or start businesses.

  1. English Proficiency and Security Clearance

Some applicants may need to demonstrate basic English proficiency. Security and background checks are mandatory for approval.

Application Process for the UK Global Talent Visa in 2025

The Global Talent Visa application process consists of two main stages:

Stage 1: Endorsement Application

  • Select the appropriate endorsing body (e.g., Tech Nation, Arts Council, UKRI).
  • Submit a portfolio showcasing expertise and achievements.
  • Pay the endorsement application fee of £524 (updated for 2025).
  • Await approval, which can take between 2 to 8 weeks. AI and cybersecurity professionals may be eligible for a fast-track option.

Stage 2: Visa Application

  • Apply online via the UK Home Office portal.
  • Pay the visa application fee of £192 (updated for 2025).
  • Cover the NHS Immigration Health Surcharge (IHS).
  • Submit biometric data, including fingerprints and photos, at a visa center.

Updated Fees for the UK Global Talent Visa (2025)

Fee Type Amount
Endorsement Application Fee £524
Visa Application Fee £192
Total Cost per Applicant £716
NHS Immigration Health Surcharge £1,035 per year (per person)

Applicants with dependents, such as partners or children, will need to pay an additional £716 per person.

Visa Processing Time

After submitting an application, identity verification, and required documents, applicants typically receive a decision within:

  • Three weeks if applying from outside the UK
  • Eight weeks if applying from within the UK

Key Changes to the UK Global Talent Visa in 2025

The UK government has introduced several updates to streamline applications, enhance security, and refine eligibility standards. Below are the major policy changes for 2025:

  1. Mandatory Electronic Travel Authorization (ETA)
    1. Starting in 2025, all Global Talent Visa applicants must obtain an ETA before entering the UK.
    2. The ETA system will enhance security screening and ensure applicants meet eligibility requirements before travel.
  2. Stricter Endorsement Criteria
    1. Endorsing bodies such as Tech Nation, Arts Council England, and the Royal Academy of Engineering will impose more rigorous requirements.
    2. Greater emphasis will be placed on internationally recognized awards, patents, and high-impact research.
  3. Fast-Track Processing for AI and Cybersecurity Professionals
    1. Due to the increasing demand for tech talent, applicants specializing in AI and cybersecurity will have their applications processed within three weeks instead of the usual eight weeks.
    2. This priority track aims to attract top global professionals in cutting-edge technological fields.
  4. Increase in Visa Fees and NHS Health Surcharge
    1. Visa fees will rise by 10% to reflect increased processing costs.
    2. The NHS Immigration Health Surcharge has also increased, requiring a higher upfront payment for healthcare access.

These updates reinforce the UK’s commitment to attracting top-tier talent while maintaining a structured and competitive visa application process.

Why Consider the UK Global Talent Visa?

The UK Global Talent Visa remains a top choice for professionals seeking flexibility, independence, and career growth in one of the world’s leading economies. The main benefits include:

  • No employer sponsorship required, allowing applicants to work freely.
  • No salary threshold, giving professionals greater control over their income.
  • Fast-track processing for AI and cybersecurity applicants, reducing waiting periods.
  • Pathway to permanent residency, with the potential for UK settlement after three to five years.

With competition expected to increase under the revised 2025 regulations, applicants should ensure their applications are well-prepared, with substantial proof of expertise and a clear professional roadmap.

Final Thoughts

For highly skilled professionals looking to build a future in the UK, the Global Talent Visa presents a valuable opportunity. However, with stricter eligibility requirements and rising fees in 2025, thorough preparation is essential to maximize the chances of approval.

Prospective applicants should begin by securing an endorsement, planning their career path in the UK, and ensuring they meet all eligibility criteria. With the right approach, this visa can serve as a stepping stone to a thriving professional career in the UK.

For further details on eligibility and the application process, visit the official UK Government website: UK Global Talent Visa.

Trump’s Policy Shift on Immigration Arrests Raises Concerns for Schools and Families

President Donald Trump has rescinded a long-standing policy that prohibited federal agents from conducting immigration arrests at sensitive locations such as schools, hospitals, and churches. This change has created widespread apprehension among immigrant families and educational institutions, prompting schools to take measures to prepare for potential scenarios arising from the policy shift.

According to the Migration Policy Institute, approximately 733,000 school-aged children in the United States are living without legal status. This vulnerable group faces increased uncertainty and fear, with schools now at the forefront of addressing these challenges.

Kalyn Belsha, a Chalkbeat reporter, highlights the proactive steps schools are taking in response to this policy change. “They’re preparing for the possibility that things could be happening outside the school while families are dropping their children off or potentially waiting at their bus stop,” Belsha explains. “But then also, what would they do if an agent actually knocked on the door and said, ‘I would like to come in potentially to talk to a staff member or a parent or a child?’”

This fear is not hypothetical. In some cities, parents have already started keeping their children at home out of concern for their safety.

An Incident in Chicago

When asked whether there have been instances of immigration agents appearing at schools, Belsha recounted a recent event in Chicago that underscored the confusion such incidents can cause.

“We had an incident happen in Chicago on Friday where there were some federal agents that showed up at a school asking to come in to interview an 11-year-old who had posted an anti-Trump video on TikTok,” Belsha shared. “They presented their credentials and said [they were] Department of Homeland Security. The school was confused and said, ‘No, you cannot come in.’”

It later emerged that these agents were from the Secret Service, not Immigration and Customs Enforcement (ICE). The Secret Service does not enforce immigration laws. However, the school activated its protocol to protect the student, denying entry because the agents lacked a signed warrant.

“It created all kinds of confusion,” Belsha noted. “No one really understood what was going on for hours until we finally got confirmation that it was Secret Service. I think that’s the kind of example of, even if it isn’t an ICE agent, it creates all kinds of chaos for the school and the school communities. We have not seen documented evidence yet of an agent coming in to get a student.”

Parental Fears and Their Impact

Parents’ fears are not confined to hypothetical scenarios. The fallout from workplace raids has already provided a grim preview of what might happen under the new policy.

“The more common thing we’ve seen play out has been workplace raids that have had huge ripple effects on children and schools,” Belsha explained. In some instances, children have come home to find their parents absent, leaving schools to arrange alternative care.

Teenagers in these situations often find themselves stepping into parental roles, trying to explain the upheaval to younger siblings. The strain on families is immense, with some parents being released on humanitarian parole while others face prolonged detention.

“So we’re going to have to figure out what happens now,” Belsha said. “Whether or not there are people who are released on humanitarian parole or if family members are detained for much longer periods of time.”

Early Effects in Schools

Although the policy change is still relatively new, its impact is already being felt in some communities. In New York City, for example, several migrant parents who are staying in city shelters reported keeping their children home out of fear.

“A colleague of mine spoke with several parents, and they said that they kept their kids home for several days last week,” Belsha recounted. “So I think it’s not totally widespread yet, but in certain instances, some family members have decided to keep their kids home out of fear.”

Schools Caught in the Crossfire

The implications of the policy shift extend beyond families to the schools themselves, which must now navigate a complex and emotionally charged landscape. Administrators and staff are being trained to handle potential visits from federal agents while also addressing the fears of their students and parents.

Belsha’s account underscores the confusion and challenges schools face when responding to such incidents. Even when federal agents are not immigration officials, their presence can lead to panic and disruption. Schools are grappling with how to uphold their primary mission of educating students while also ensuring their safety and well-being.

Conclusion

President Trump’s decision to end restrictions on immigration arrests at sensitive locations has introduced a new layer of fear and uncertainty for immigrant families and schools. While the long-term effects of this policy remain to be seen, early indications suggest that its impact is already reverberating through communities.

Parents, educators, and students alike are left to navigate an uncertain future, with schools emerging as both sanctuaries and battlegrounds in the broader debate over immigration enforcement. As Belsha aptly illustrates, even the mere possibility of federal agents appearing at schools is enough to create chaos, confusion, and fear—an outcome that few would argue is conducive to a productive learning environment.

Trump’s Executive Order on Birthright Citizenship Sparks Legal and Ethical Controversy

On his very first day in office, President Donald Trump signed an executive order aimed at terminating the principle of birthright citizenship in the United States. Birthright citizenship, which ensures that any individual born on U.S. soil is a citizen, is firmly rooted in the 14th Amendment to the Constitution. However, such an executive action raises serious legal and constitutional questions.

The president does not hold the authority to unilaterally revoke constitutional protections. Much like the inability to establish a national religion or extend a presidency beyond two terms, altering an amendment to the Constitution falls well beyond the scope of executive power. This move, critics argue, appears to cater to nativist factions on the far right. Despite its questionable legality, the executive order could still cause significant disruptions to millions of lives, which some suspect may be its underlying intent.

Origins of Birthright Citizenship

The principle of birthright citizenship has its roots in English common law, dating back to the 1600s. It became a fundamental element of the U.S. Constitution during the post-Civil War Reconstruction era, known as the “Second Founding.” The 13th, 14th, and 15th Amendments were introduced to address the profound social and legal injustices stemming from slavery.

The 14th Amendment was particularly significant. It was drafted as a direct response to the infamous 1857 Supreme Court decision in Dred Scott v. Sandford. That ruling declared that enslaved individuals, even those residing in free states, were not U.S. citizens and had no rights under the Constitution. The decision further inflamed tensions over slavery, contributing to the outbreak of the Civil War.

Following the war, Congress sought to eliminate the remnants of slavery and inequality through constitutional amendments. The 14th Amendment, in particular, was designed to ensure that anyone born in the United States, regardless of race or origin, would be granted citizenship. Its opening clause states unequivocally: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Legal Precedents and Limitations

History shows that even Congress cannot circumvent the 14th Amendment’s protections. About 30 years after its ratification, Congress attempted to deny citizenship to individuals born in the U.S. to Chinese parents. The Supreme Court decisively rejected this in the landmark 1898 case United States v. Wong Kim Ark, affirming that the 14th Amendment’s provisions applied to all individuals born on U.S. soil.

This clear legal precedent underscores that the president, too, lacks the authority to rewrite the Constitution through executive action. Amending the Constitution requires a rigorous process: a two-thirds majority in both the House and Senate, followed by ratification by three-quarters of the states. Such a feat is exceedingly rare, reflecting the deliberate difficulty of altering the nation’s foundational document.

Political Motivations and Potential Consequences

Despite the constitutional safeguards, the push to end birthright citizenship persists. It was a cornerstone of the Project 2025 agenda, a conservative blueprint for sweeping changes in U.S. governance. While proponents argue that such changes are necessary to address immigration challenges, critics contend that this effort is a cynical ploy to undermine the principles enshrined in the Constitution.

Even though the executive order is almost certain to face legal challenges, its immediate impact could be profound. Lawsuits have already been filed by 18 state attorneys general and several cities, aiming to block its implementation. However, the possibility remains that a lower court might temporarily allow the order to take effect.

This raises troubling questions: Would the order merely apply to future births, as claimed, or could it pave the way for more drastic measures, such as stripping existing citizens of their status? Such uncertainty could create widespread fear and instability, particularly among immigrant communities.

The Supreme Court’s Role

Ultimately, the Supreme Court will likely determine the fate of the executive order. Given the court’s conservative majority, some worry that ideological leanings could influence its decision. Yet even this court would find it difficult to dismiss over 150 years of legal precedent. As the Constitution’s language on birthright citizenship is explicit and unambiguous, any attempt to reinterpret it would require extraordinary legal contortions.

Nonetheless, the lower courts’ initial rulings could embolden the administration to pursue even more aggressive actions. While the Supreme Court may eventually strike down the order, the damage inflicted during the interim could be significant. Lives could be disrupted, families torn apart, and communities plunged into uncertainty—all as part of what critics describe as a cruel and unconstitutional maneuver.

Broader Implications

The attempt to end birthright citizenship through executive action is more than a legal controversy; it is a direct challenge to the principles of equality and justice that underpin American democracy. The 14th Amendment was crafted to ensure that no person born in the United States would be denied the rights and protections of citizenship. To undermine this guarantee not only defies constitutional law but also erodes the moral fabric of the nation.

In the words of legal experts, “The Constitution protects this path to citizenship, and only an amendment can change it.” Any attempt to bypass this process, whether through executive orders or political rhetoric, threatens to destabilize the nation’s legal and social foundations.

While the Supreme Court is expected to uphold the Constitution, the mere attempt to challenge birthright citizenship has already sown fear and division. For millions of individuals, the uncertainty surrounding their citizenship status is more than a legal matter—it is a deeply personal and existential crisis.

In summary, President Trump’s executive order targeting birthright citizenship is a stark reminder of the fragile balance between political power and constitutional authority. As legal challenges unfold, the nation must grapple with the broader implications of this controversial action and reaffirm its commitment to the principles enshrined in the 14th Amendment.

Trump’s Executive Order Targets Birthright Citizenship: Implications for Indian-American Families

President Donald Trump has introduced an executive order to limit birthright citizenship in the United States, signaling a major shift in immigration policy. The order stipulates that children born on U.S. soil will acquire citizenship only if at least one parent is a U.S. citizen, a legal permanent resident, or a member of the U.S. military. It also aims to address “birth tourism,” where foreign nationals travel to the U.S. to give birth and secure citizenship for their children.

Trump, who has consistently criticized the practice, described birthright citizenship as “ridiculous.” He stated, “We’re going to end that because it’s ridiculous,” emphasizing his broader immigration strategy to curb illegal immigration, particularly from nations like India and China, which see significant migration to the U.S.

The 14th Amendment and Current Law

Under the current interpretation of the 14th Amendment to the U.S. Constitution, anyone born on U.S. soil automatically becomes a citizen, regardless of their parents’ immigration status. This provision, established in 1868, was designed to grant citizenship to all individuals born in the U.S. The executive order seeks to reinterpret this provision, excluding children born to parents who are unlawfully present or on temporary visas.

If implemented, this change would have far-reaching consequences, particularly for the Indian-American community. According to the U.S. Census, over 4.8 million Indian-Americans reside in the U.S., with many being U.S.-born. The proposed policy would mean that children born to Indian nationals on temporary work visas, such as H-1B visas or those awaiting green cards, would no longer automatically acquire citizenship.

Impacts on Indian-American Families

The executive order poses significant challenges for Indian-American families, affecting various aspects of their lives:

  • Loss of Automatic Citizenship: Currently, children born in the U.S. to Indian parents on H-1B or other temporary visas automatically gain citizenship. Under the new policy, only those with at least one parent who is a U.S. citizen or permanent resident would qualify. This change introduces uncertainty for families relying on birthright citizenship to secure their children’s future.
  • Green Card Backlog Delays: Many Indian-Americans face prolonged delays in obtaining green cards due to an extensive backlog. Children of Indian nationals on temporary visas, who would otherwise gain citizenship by birth, would now face additional hurdles. This shift could prolong the citizenship process and exacerbate family separations.
  • Family Reunification Challenges: Family-based immigration allows U.S. citizens to sponsor their parents to join them in the country once they turn 21. Without birthright citizenship, children born to Indian immigrants would lose this avenue, complicating family reunification efforts.
  • Effect on Birth Tourism: The executive order seeks to curtail birth tourism, a practice where foreign nationals come to the U.S. specifically to give birth and secure citizenship for their children. While this policy may deter such practices, it also affects families not engaged in birth tourism but dependent on birthright citizenship for their children’s residency and future opportunities.
  • Implications for Indian Students: Indian students represent one of the largest groups of international students in the U.S., particularly in technology and engineering fields. Under the new rules, children born to these students on F-1 or other non-immigrant visas would not automatically become citizens. This adds another layer of complexity for Indian students and their families.

Legal and Social Challenges

Trump’s executive order faces significant legal hurdles. The 14th Amendment explicitly guarantees birthright citizenship, and any reinterpretation to exclude specific groups could violate the Constitution. Legal experts and immigration advocates have widely criticized the order, arguing that it undermines fundamental American values and sets a troubling precedent.

Despite these challenges, Trump’s administration remains steadfast in its goal to implement the order. The president has framed the move as a necessary step to curb illegal immigration and address abuses of the system, such as birth tourism. However, the order’s broader implications raise concerns about its impact on immigrant families and communities, particularly those already contributing significantly to U.S. society.

Impact on Indian-American Community

The Indian-American community, one of the fastest-growing immigrant populations in the U.S., faces considerable uncertainty under the proposed changes. Indian nationals on temporary work visas, like the H-1B, and those awaiting green cards are particularly vulnerable. The loss of automatic citizenship for their U.S.-born children could deter highly skilled professionals from pursuing opportunities in the U.S., ultimately affecting the nation’s economy.

Moreover, the policy risks creating long-term social and emotional challenges for families separated by immigration status. Parents and children caught in the legal and bureaucratic complexities of the U.S. immigration system may face significant stress and uncertainty about their futures.

Conclusion

President Trump’s executive order targeting birthright citizenship represents a seismic shift in U.S. immigration policy. While the move is aimed at curbing illegal immigration and addressing birth tourism, it poses significant challenges for immigrant communities, particularly Indian-Americans. The legal battle over the 14th Amendment’s interpretation is likely to shape the future of immigration policy in the U.S., with profound implications for families, communities, and the nation’s values. As the debate continues, the voices of affected families and communities will be critical in shaping the outcome of this contentious issue.

Trump’s Executive Order on Birthright Citizenship Faces First Legal Challenge in Seattle Court

President Donald Trump’s contentious executive order to end birthright citizenship is set for its first legal test on Thursday morning in a Seattle courtroom. U.S. District Judge John Coughenour, a Reagan appointee, will preside over a 10 a.m. hearing to address a request from four states seeking a temporary restraining order against the directive.

Attorneys general from Arizona, Oregon, Washington, and Illinois initiated legal action against the executive order on Tuesday. They argue the order could disenfranchise over 150,000 newborns annually, comparing its implications to the Supreme Court’s notorious Dred Scott decision. The 14th Amendment, which overturned Dred Scott, established what the plaintiffs described as a “bright-line and nearly universal rule” of citizenship by birth.

“President Trump and the federal government now seek to impose a modern version of Dred Scott. But nothing in the Constitution grants the President, federal agencies, or anyone else authority to impose conditions on the grant of citizenship to individuals born in the United States,” the states’ emergency motion stated.

Trump’s executive order, signed just hours after his inauguration, directs federal agencies to stop issuing citizenship documents to U.S.-born children of undocumented mothers or mothers in the country on temporary visas, provided the father is neither a U.S. citizen nor a permanent resident.

Critics across the nation, including attorneys general from 22 states and the District of Columbia, have labeled the order an unconstitutional move. They argue that it seeks to dismantle a long-established constitutional principle by executive fiat. States challenging the order include New Jersey, Massachusetts, California, and others, alongside the city of San Francisco.

“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” their lawsuit declared.

Illinois Attorney General Kwame Raoul expressed his dismay at Trump’s actions, stating, “That one of Donald Trump’s first actions as president should be so diametrically opposed to our values as Americans is incredibly disappointing, though not surprising. The children born in the U.S. to immigrants are entitled to the rights and privileges that go along with U.S. citizenship.”

Raoul, the proud son of Haitian immigrants, added, “Denying birthright citizenship, which dates back centuries and has been upheld twice by the U.S. Supreme Court, is not the solution. As Attorney General, I will continue to stand with my fellow attorneys general to defend the constitutional rights of all children born in this country.”

Legal challenges warn of significant consequences. An estimated 150,000 children born each year to noncitizen parents could face deportation or become stateless, losing access to essential services like health care, foster care, and disability support. Moreover, states stand to lose federal funding for programs assisting children regardless of their immigration status.

“President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” New Jersey Attorney General Matthew Platkin emphasized. “For more than 150 years, our country has followed the same basic rule: babies who are born in this country are American citizens. This isn’t just an attack on the law. It’s an attack on the very fabric of this nation.”

Platkin added, “Presidents in this country have broad power. But they are not kings.”

Experts have also voiced their concerns. Martin Redish, a professor of law and public policy at Northwestern University, pointed out that the 14th Amendment guarantees citizenship to all individuals born or naturalized in the U.S. “A president can’t just issue executive orders in the air,” Redish explained. He warned that such actions could undermine the Constitution itself, which requires a rigorous amendment process involving two-thirds of Congress and three-quarters of state legislatures.

“If you’re going to ignore section one of the 14th Amendment, all bets are off,” Redish said. “Presumably, he could take our citizenship away, yours, mine, the person next door.”

On Tuesday, nonprofit organizations in Massachusetts and New Hampshire also filed federal lawsuits against the executive order. These legal efforts aim to invalidate the order and halt any actions to implement it.

New York Attorney General Letitia James emphasized the historical significance of birthright citizenship. “The great promise of our nation is that everyone born here is a citizen of the United States, able to achieve the American dream,” she said. “This fundamental right to birthright citizenship, rooted in the 14th Amendment and born from the ashes of slavery, is a cornerstone of our nation’s commitment to justice.”

The executive order, set to take effect on February 19, has sparked anxiety among immigrant communities. In Chicago, where preparations for mass deportations are already underway, concerns have intensified.

Jose Miguel Muñoz, co-chair of the Illinois Latino Agenda, shared his perspective as the child of an immigrant family. “Everything that I’ve accomplished in my life, and all the work that I’ve done has been because of the fact that I was given the ability to be a citizen in the U.S.,” Muñoz said.

Reflecting on his mother’s sacrifices, Muñoz added, “Her top concern was, what does that mean for you, the rest of your brothers and sisters.” He expressed fears about the potential reach of the executive order, worrying it might extend beyond newborns.

“I contributed to my community. I contributed to our country. I helped others contribute in the world,” Muñoz said.

Illinois Governor J.B. Pritzker also condemned the administration’s actions. “People, vulnerable people across our country, are under attack as a result of this new administration,” he said.

Despite the challenges, Muñoz encouraged perseverance. “There will be a path, and if it’s not now, at some point, don’t lose hope,” he said.

This controversy over birthright citizenship underscores broader debates about immigration reform and the limits of presidential authority. While the legal battles begin, the executive order remains a focal point of intense national discussion, with implications for families, constitutional principles, and the fabric of American society.

Indian American Leaders React to Trump’s Inauguration as 47th President

Indian American community leaders expressed a range of reactions as Donald Trump was sworn in as the 47th president on Monday.

Some celebrated his victory, while others approached his second term with caution, urging the U.S. and India to strengthen ties and avoid policies that could harm H-1B visa holders.

Dr. Amit Desai,[Above right wearing glasses] founding director of the U.S.-India Relationship Council, hosted a celebration with friends following Trump’s inauguration. He expressed optimism, saying, “Everything will be fine now.”

Desai emphasized that Trump’s stance on immigration focused on illegal, not legal, immigrants, and noted that legal immigrants like himself contribute significantly to the nation.

“He knows immigrants bring a lot of value to this nation. Illegals are dangerous for society,” Desai said.

Desai was hopeful that Trump and Indian Prime Minister Narendra Modi would continue their strong working relationship.

“Trump and Modi have good chemistry,” Desai said, adding that both leaders would likely prioritize economic and geopolitical partnerships between the two countries.

Dr. Sampat Shivangi, a delegate at the Republican National Convention, expressed concerns over the green card backlog affecting aging children of Indian immigrants. He also noted that thousands of legal immigrants with expired visas face uncertainty. Shivangi stated he was working with senators and Congress to address these issues.

While he was unsure about future immigration policies, Shivangi predicted Trump’s second term would be more powerful than President Joe Biden’s.

“He knows the whole country is with him and got the highest number of votes,” Shivangi said. He also mentioned his support for former UN Ambassador Nikki Haley and his efforts to bring her into the Trump administration.

Kanwal Rekhi, a veteran venture capitalist, echoed Shivangi’s sentiments, stating, “Trump won the election fair and square. It is time for all of us to respect the people’s verdict and let him execute.”

Mohan Nannapaneni, founder of nonprofit organization TEAM Aid, welcomed Trump’s immigration stance. He criticized the current system, saying, “I see fake resumes and bribery… Our kids pay hundreds of thousands of dollars to go to college here and can’t find a job.”

Chintan Patel, executive director of Indian American Impact, criticized Trump’s immigration executive actions, which he said target and demonize immigrants.

“These unconstitutional actions strike at the heart of our nation’s principles,” Patel said in a statement, vowing to mobilize the community to fight back against what he called divisive measures.

Political strategist Preity Upala, expressed confidence that Trump’s second term would strengthen U.S.-India relations.

“Shared values, enemies, security challenges, geo-political aspirations, and national goals will steer this relationship in the right direction,” she said. Upala also praised the H-1B visa program, noting its value for both the U.S. and India, particularly in the tech sector.

Indian Prime Minister Narendra Modi congratulated Trump shortly after the inauguration, calling him “my dear friend.” Modi expressed his eagerness to work closely with Trump to benefit both nations. “Best wishes for a successful term ahead!” Modi wrote on X, the social media platform formerly known as Twitter.

Rep. Ami Bera, a Democrat representing Sacramento County, attended the inauguration, stating that he was there to uphold the tradition of peaceful power transfer. While acknowledging that the outcome was not what many had hoped for, Bera reiterated his commitment to working with both parties to improve the lives of Americans.

As Trump begins his second term, the Indian American community remains hopeful that the U.S. and India will work together to strengthen economic and diplomatic ties while addressing the concerns of immigrants.

Source Credit: indica News

DHS Implements Final Rules for H-1B and H-2 Visa Programs, Revises Form I-129

The Department of Homeland Security (DHS) is set to implement significant changes to the H-1B and H-2 visa programs through its final rules, which take effect on Friday, January 17, 2025. These modifications aim to modernize the processes, enhance flexibility, and strengthen worker protections for nonimmigrant visa holders. Alongside these changes, U.S. Citizenship and Immigration Services (USCIS) will release an updated version of Form I-129, Petition for a Nonimmigrant Worker, reflecting the changes outlined in the final rules. The updated form, dated 01/17/25, will become mandatory on the same date, with no transition period.

The new regulations, published in the Federal Register on December 18, 2024, bring sweeping updates to the H-1B and H-2 visa categories.

Updates to the H-1B Visa Program

The H-1B program, designed for highly skilled workers, will undergo modernization to streamline its processes, enabling employers to better retain top talent. The new rules aim to simplify approval procedures and enhance program flexibility, addressing employer concerns about navigating the existing system. Additionally, measures to improve program integrity and oversight are being introduced.

According to DHS, the revised regulations ensure that the program is more responsive to workforce needs while maintaining its commitment to safeguarding the employment rights of U.S. workers.

Enhancements to the H-2 Visa Program

The H-2 program, which includes the H-2A and H-2B categories for temporary agricultural and non-agricultural workers, will also see significant changes. The final rule focuses on bolstering worker protections and imposing stricter penalties on companies that violate labor laws or charge workers prohibited fees.

The updated regulations also aim to provide greater flexibility for both H-2A and H-2B workers, addressing long-standing challenges faced by employers and workers alike. These changes reflect the administration’s commitment to fostering fair labor practices and improving the experiences of temporary workers in the U.S.

Revised Form I-129

To accommodate these changes, USCIS will introduce the updated Form I-129 on January 17, 2025. The new form is critical for implementing the final rules and will replace the previous version, dated 04/01/24.

Key details regarding the transition to the new form include:

  • Form I-129 petitions using the 04/01/24 edition will be accepted if received before January 17, 2025.
  • Petitions using the 04/01/24 edition, received on or after January 17, 2025, will be rejected.
  • Only the updated 01/17/25 edition of Form I-129 will be accepted for petitions received on or after January 17, 2025.

This streamlined approach ensures a smooth transition to the new regulations while maintaining the efficiency of the petition process.

Statement from DHS

DHS emphasized the importance of these changes in a statement, noting that the updates are designed to address both employer and worker concerns. “The modernization of the H-1B program and the strengthened protections under the H-2 program mark a significant step forward in aligning our visa programs with the needs of the 21st-century workforce,” the agency stated.

The final rules and the updated Form I-129 demonstrate the government’s ongoing efforts to balance flexibility for employers with robust protections for workers. These changes aim to create a more equitable and efficient system that meets the demands of a dynamic labor market.

As of January 17, 2025, all stakeholders are advised to ensure compliance with the updated requirements to avoid delays or rejections in the petition process.

MAGA Hardliners Target OPT Program Amid H1B Visa Debate, Impacting Indian Students and US Economy

MAGA hardliners are increasingly focusing their efforts on targeting the Optional Practical Training (OPT) program, which allows international students, particularly those from India, to work in the United States after completing their studies. This issue has gained attention amid ongoing debates over the H1B visa, where Indian professionals are facing significant challenges due to the changes implemented during the Trump administration. As MAGA supporters set their sights on H1B visas, major adjustments to the OPT program are expected to follow.

The OPT program typically permits international students holding F-1 visas to stay in the US for 12 months after completing their first academic year. During this period, students can gain relevant work experience in their field of study. Students graduating with STEM degrees may be eligible for an extension of up to 36 months, allowing them to work in the US for an extended period. Critics argue, however, that while the OPT program was initially intended as a short-term opportunity for skill development and work experience, it has evolved into a significant route for international students to secure long-term immigration pathways. Many students are now opting for OPT as a shortcut to permanent employment in the US, bypassing more traditional immigration channels.

This growing trend has led to intensified scrutiny from MAGA nativists who oppose the OPT program, particularly as concerns over H-1B visas rise. MAGA supporters often contend that OPT is a temporary work permit rather than a long-term work visa. They argue that this short-term solution leaves international students, particularly those on OPT, desperate for H1B sponsorship, which in turn diminishes job opportunities for American graduates. These factors are among the primary reasons why Trump’s MAGA supporters have long opposed the OPT program, especially following the reforms to the H-1B visa system.

The immigration policy in the US, including provisions for the OPT program, has allowed international students to work for up to 36 months since its inception in 1947. Under current regulations, foreign nationals with an F-1 visa can participate in OPT and transition to an H1B visa. For many international students, particularly those from India, OPT is seen as a crucial opportunity to gain valuable work experience in the US economy, providing a stepping stone toward obtaining a green card and eventually US citizenship. Many F-1 students hope that their time in OPT will give them the necessary experience to secure long-term work visas.

In 2024, around 23% to 30% of F1 and M1 students were authorized to work through OPT, with 98-99% of the participants being F-1 visa holders. However, the future of the program is uncertain, as some MAGA critics are calling for its complete elimination. On the other hand, many supporters argue that OPT is essential for attracting top-tier international talent, which ultimately strengthens the US economy.

As MAGA hardliners increasingly target the H-1B visa program, OPT has come under increasing scrutiny. MAGA advocates insist that the OPT program should be canceled to protect job prospects for American graduates. If this happens, international students—particularly those from India—are expected to leave the US after completing their studies, without the opportunity to gain work experience in their chosen fields. The anticipated changes to the OPT program, driven by MAGA’s push against H1B visas, will likely reduce the number of students traveling to the US for higher education in the future.

The potential effects of MAGA’s focus on the OPT program could be far-reaching, especially for international students. One of the most significant outcomes is that these students will lose the chance to work in US-based companies upon graduation, a critical component of their career development. As a result, the appeal of US universities may decline, particularly among prospective international students. The reduction in international student enrollment could lead to fewer foreign students attending US universities in 2025.

International students have long been a vital part of the US economy, contributing significantly to the financial health of educational institutions. They pay higher tuition fees than domestic students, often two to three times as much. In fact, foreign students account for a substantial portion of the revenue generated by US universities. Eliminating the OPT program would not only diminish the opportunities for these students to gain work experience but would also have a detrimental effect on the US economy, which relies heavily on foreign student contributions.

As the OPT program faces potential changes under the scrutiny of MAGA’s influence on immigration policies, it is clear that the future of international student work opportunities in the US is uncertain. With the pressure on the H-1B visa system and calls to reduce foreign student immigration, the OPT program could become the next target for reform. If this occurs, it is likely that fewer international students will choose to study in the US, particularly those from countries like India, where the OPT program has provided a crucial pathway for gaining valuable work experience.

In conclusion, the MAGA movement’s opposition to the OPT program, as part of the broader debate surrounding H-1B visas, could have significant implications for both international students and the US economy. If the OPT program is abolished or severely restricted, it will not only impact the career prospects of foreign graduates but will also reduce the number of international students choosing to study in the US, potentially harming the educational system and the economy as a whole. It remains to be seen how these changes will unfold, but it is clear that the future of OPT and international student work opportunities in the US hangs in the balance.

USCIS Updates Requirements for Filing Form I-140 with FLAG System Certifications

The U.S. Citizenship and Immigration Services (USCIS) has issued a Federal Register notice (FRN) detailing updated procedures for submitting Form I-140, the Immigrant Petition for Alien Workers. These updates pertain specifically to cases accompanied by a permanent labor certification, applications for Schedule A designation, or requests for a national interest waiver (NIW).

On June 1, 2023, the U.S. Department of Labor (DOL) launched the Foreign Labor Application Gateway (FLAG), a new system designed to handle permanent labor certifications. Alongside this, the Application for Permanent Employment Certification (Form ETA-9089) was revised to align with the FLAG system. The updated form now gathers more comprehensive details about the job opportunity, including specific worksite locations, telecommuting arrangements, and the foreign worker’s qualifications. Employers who utilize the FLAG system and receive labor certification approvals are issued a two-page electronic Final Determination from the DOL.

The updated instructions for Form ETA-9089 specify that only a signed Final Determination must accompany Form I-140 as proof of an approved permanent labor certification. This adjustment is due to a data-sharing agreement between the DOL and USCIS, which allows most of the relevant labor certification information to be transmitted directly to USCIS.

In the FRN, USCIS clarifies that employers using the FLAG system must include a printed version of the electronic Final Determination with their Form I-140 submissions. This printed version will be considered an original, approved labor certification by USCIS. The Final Determination must be completed and electronically signed by the DOL and additionally signed by the foreign worker, the employer, and, if applicable, the employer’s attorney or representative.

The FRN also provides specific guidance for certain categories of petitions:

  1. Schedule A Occupations: These petitions must include a completed, uncertified Form ETA-9089 (with all relevant appendices), a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of Form ETA-9089.
  2. National Interest Waiver Requests: These petitions must include a copy of Form ETA-9089, Appendix A, and the signed Final Determination.

USCIS has been adjudicating Form I-140 petitions involving permanent labor certifications, Schedule A applications, and NIW requests in line with the revised Form ETA-9089 and its appendices since June 1, 2023. Therefore, the FRN does not introduce operational or procedural changes but instead aims to inform the public about the documentary requirements associated with the FLAG system.

These updates are intended to ensure transparency and consistency in the submission and adjudication process for Form I-140 petitions.

DHS Modernizes H-1B Visa Program with Key Changes Effective January 2025

The U.S. Department of Homeland Security (DHS) has announced transformative updates to the H-1B visa program, set to take effect on January 17, 2025. These changes are designed to streamline the process, improve efficiency, and provide better clarity for foreign workers and their employers.

Core Updates to the H-1B Visa Program

A primary focus of the updated rules is refining the definition of “specialty occupation.” These adjustments aim to align the program with the skills and qualifications essential for specific roles, ensuring that the program caters to genuinely skilled professionals.

  1. Revised Definition of “Specialty Occupation”
  2. The updated regulations provide a more precise explanation of what constitutes a “specialty occupation.” This revised definition emphasizes the specific skills and knowledge required for a given position, ensuring that only appropriately qualified candidates can obtain an H-1B visa.
  3. Emphasis on Degree Relevance

The new rule underscores that the degree held by the applicant must directly correspond to the job duties. This change means general degrees, such as MBAs, will no longer automatically qualify an individual for H-1B status unless they are explicitly tied to the role’s requirements.

These refinements aim to filter out unqualified applicants and ensure that the program prioritizes specialized expertise.

Faster Processing and Fewer Delays

To address long-standing concerns about delays, DHS plans to reduce processing times for H-1B visa applications. The objective is to provide employers and workers with faster, more predictable decisions, which is expected to significantly improve the program’s efficiency.

Automatic Cap-Gap Extensions for F-1 Students

Another key feature of the new rules is the introduction of automatic extensions for F-1 nonimmigrant students transitioning to H-1B status during the “cap-gap” period. This adjustment seeks to eliminate gaps in employment authorization for students awaiting their H-1B visa approval.

The cap-gap extension ensures:

  • Continuation of F-1 status and employment authorization until April 1 of the relevant fiscal year.
  • Stability for students whose H-1B change of status petitions are still pending.

By implementing this automatic extension, DHS aims to prevent interruptions for students and employers alike.

Streamlined Form I-129 for Nonimmigrant Workers

In line with the new rules, the U.S. Citizenship and Immigration Services (USCIS) will introduce a revised Form I-129, which will also take effect on January 17, 2025. This updated form is intended to simplify the application process for H-1B and other nonimmigrant workers, ensuring compliance with the latest regulations.

Revised Deference Policy for Faster Decisions

The new rules also introduce updates to the deference policy, which is expected to expedite application processing. Adjudicators will be required to give deference to prior USCIS determinations for Form I-129 petitions involving the same parties and facts, provided there are no material errors or significant changes affecting eligibility.

This change aims to reduce redundancy in the decision-making process, ensuring smoother renewals and transitions for applicants. Exceptions will only be made in cases where errors or material changes impact eligibility.

Understanding the H-1B Visa Program

The H-1B visa remains a critical pathway for highly skilled foreign professionals to work in the United States in roles requiring specialized expertise. Some of its key features include:

  • Annual Cap: The program permits 65,000 visas annually, with an additional 20,000 reserved for candidates holding advanced degrees from U.S. institutions.
  • Specialized Knowledge Requirement: Applicants must possess expertise directly related to the job they intend to perform.
  • Bachelor’s Degree Minimum: A bachelor’s degree is the baseline qualification for eligibility, ensuring that the roles filled require a high level of knowledge and skill.

Implications for Employers and Workers

The updates are expected to benefit both employers and foreign workers by addressing processing delays and clarifying eligibility requirements. Employers will gain a clearer understanding of the criteria for hiring foreign talent, while workers will experience greater stability, particularly through the cap-gap extensions.

For employers, the modernized guidelines ensure transparency in determining job suitability and degree relevance, reducing the risk of application rejections. For foreign workers, the changes provide enhanced clarity and a smoother transition process, especially for F-1 students moving to H-1B status.

Modernization Reflects DHS Commitment

DHS’s decision to revamp the H-1B program underscores its commitment to supporting skilled foreign workers and fostering seamless transitions for nonimmigrant students. By modernizing the program, the department aims to address longstanding challenges, enhance efficiency, and better serve the needs of both employers and applicants.

As DHS Secretary Alejandro Mayorkas stated, “These changes are a step forward in ensuring that the H-1B program remains a vital tool for attracting and retaining global talent.”

Preparing for January 2025

Employers and potential applicants should familiarize themselves with these updates and prepare for their implementation on January 17, 2025. The revised rules mark a significant shift in the operation of the H-1B visa program, promising a more efficient and targeted approach to meeting the needs of U.S. employers and skilled foreign professionals.

By addressing delays, refining eligibility criteria, and introducing mechanisms to support smoother transitions, these updates aim to make the H-1B program a more robust and equitable system.

Canada to Halt New Applications for Parents and Grandparents Sponsorship Program in 2025

Canada will cease accepting new applications for permanent residence under the Parents and Grandparents sponsorship program (PGP) in 2025, according to Immigration, Refugees and Citizenship Canada (IRCC). The department clarified that it will only process sponsorship applications submitted during the 2024 intake period for the program.

In 2025, IRCC plans to process no more than 15,000 family sponsorship applications under the PGP. However, Canadian citizens and permanent residents still have the option to facilitate extended stays for their parents and grandparents through the super visa program. This alternative permits visits lasting up to five years per stay.

Understanding the Parents and Grandparents Sponsorship Program

The Parents and Grandparents Program is designed to allow Canadian citizens and permanent residents to sponsor their parents or grandparents for permanent residency in Canada. Given its popularity, the program employs a lottery system to manage application invitations, as the number of interested sponsors often far exceeds the available slots.

Since the 2020 intake period, IRCC has been using this lottery system to send invitations, continuing the process annually through 2024. Those who submitted their interest forms in 2020 have had the opportunity to apply for sponsorship as part of this system.

Reason for Suspension

The decision to halt new applications in 2025 aligns with a broader reduction in Canada’s immigration targets. IRCC has cut its permanent resident targets by 20% for 2025, directly impacting the PGP allocation.

The new target for PGP landings in 2025 has been set at 24,500 foreign nationals. This is a notable decrease from the targets outlined in the Immigration Levels Plan released in 2023, which had aimed for 32,000 landings in 2024 and 34,000 in 2025.

By adjusting these targets, IRCC appears to be managing its resources to focus on existing applications while balancing broader immigration goals. For families wishing to reunite with their parents and grandparents in Canada, the super visa program remains a viable and flexible option.

This strategic shift underscores the challenges of managing immigration priorities amid competing demands, offering alternatives like the super visa to ensure families can still maintain connections.

H-1B Visa Policy Reforms Could Benefit Indian IT Firms Despite Declining Approvals

Recent discussions around potential reforms to the H-1B visa policy could bring advantages to Indian IT services firms, even though their share of total visa sponsorships remains relatively small. A report by Macquarie Research, cited by the Economic Times, highlights the critical role H-1B visas play in addressing the U.S. technical talent shortage, despite challenges such as limited local hiring.

Concerns Over Proposed Flat Wage Policy

One of the most debated proposals is the introduction of a flat wage floor for H-1B visa holders. A flat wage implies a fixed rate of pay, irrespective of factors like job nature, location, or living costs. Macquarie expressed concerns over this approach, pointing out its impracticality due to the varying cost of living across different U.S. regions.

“For example, what might be a fair wage in a smaller town would fall short in a high-cost city like New York,” the report noted. A standardized wage could inadvertently widen economic disparities between urban and rural areas.

To mitigate these issues, Macquarie suggested converting H-1B visas into general work permits, akin to Norway’s skilled work permit model. This shift would grant visa holders greater job mobility, promote healthy competition among employers, and enhance worker protections.

Declining H-1B Visa Approvals for Indian IT Firms

An analysis of fiscal year 2024 data underscores a sharp decline in H-1B visa approvals for Indian IT firms. According to the National Foundation for American Policy (NFAP), a U.S.-based non-partisan think tank, the top seven Indian IT companies collectively received only 7,299 approvals for new H-1B employment—nearly halving from the 14,792 approvals recorded in 2015.

Amazon led in new H-1B approvals among individual companies, with 3,871 approvals in FY24. However, this marked a decline from 4,052 in FY23 and a peak of 6,396 in FY22. Cognizant followed with 2,837 approvals, while Infosys and Tata Consultancy Services (TCS) secured 2,504 and 1,452 approvals, respectively. Other major companies like IBM (1,348), Microsoft (1,264), HCL America (1,248), Google (1,058), Capgemini (1,041), and Meta Platforms (920) also reported varying levels of success.

The Way Forward

The potential reforms to H-1B visa policies and their implications remain closely watched by Indian IT firms. While challenges persist, measures to make the system more flexible and equitable could strengthen the U.S. workforce and benefit both employers and employees.

Visa Bulletin January 2025: Impact on Indian Nationals

The U.S. Department of State (DOS) issues the Visa Bulletin every month, detailing the availability of immigrant visas based on applicants’ priority dates. This bulletin includes two primary charts: Final Action Dates and Dates for Filing Applications. The Final Action Dates chart shows when visas can finally be issued, while the Dates for Filing Applications chart indicates the earliest dates applicants may submit their applications.

The United States Citizenship and Immigration Services (USCIS) has confirmed that it will continue using the Dates for Filing Applications chart for Employment-Based Adjustment of Status Applications. This follows a pattern set in October 2024. Similarly, USCIS will stick to the Dates for Filing Applications chart for Family-Sponsored Adjustment of Status Applications. The January 2025 Visa Bulletin shows global changes but is particularly significant for Indian nationals.

Family-Based Preference Categories

For Indian nationals, the January 2025 Visa Bulletin reveals limited changes across family-based visa preference categories:

  1. First Preference Category (F1): This category covers unmarried sons and daughters of U.S. citizens. The visa cut-off date remains fixed at September 1, 2017.
  2. Second Preference Category (F2A): Spouses and children of permanent residents see no change, with the cut-off date staying at July 15, 2024.
  3. Second Preference Category (F2B): For unmarried sons and daughters (21 years or older) of permanent residents, the visa cut-off date holds steady at January 1, 2017.
  4. Third Preference Category (F3): This category covers married sons and daughters of U.S. citizens. The cut-off date has advanced slightly to July 22, 2012.
  5. Fourth Preference Category (F4): Brothers and sisters of adult U.S. citizens see a minor advancement in the cut-off date to August 15, 2006.

Employment-Based Preference Categories

Employment-based visa preference categories also show minimal movement for Indian nationals:

  1. First Preference (EB-1 – Priority Workers): The cut-off date is set at April 15, 2022.
  2. Second Preference (EB-2 – Advanced Degree Holders and Persons of Exceptional Ability): The cut-off date remains unchanged at January 1, 2013.
  3. Third Preference (EB-3 – Skilled Workers and Professionals): The cut-off date stays at June 8, 2013, which also applies to other workers in this category.
  4. Fourth Preference (EB-4 – Special Immigrants): The visa cut-off date is set at February 1, 2021, consistent for religious workers as well.
  5. Fifth Preference (EB-5 – Immigrant Investor Visas):
    1. Unreserved Category: The cut-off date remains at April 1, 2022.
    2. Set-Asides (Rural, High Unemployment, and Infrastructure Areas): Visa numbers for Indian-born applicants in this category continue to be marked as “Current,” meaning there is no backlog.

Observations on Movement

Overall, the January 2025 Visa Bulletin reflects little movement in both family-based and employment-based preference categories. Quoting the report, “There has been minimal movement for both the Family-Based Preference Cases and Employment-Based Preference Cases.”

The decision to continue using the Dates for Filing Applications chart for employment-based visas indicates the Department of State’s intent to maintain a steady pace in visa issuance. This approach helps ensure that visa numbers are not exhausted too quickly. However, due to the high demand for employment-based visas, the DOS continues to exercise caution in setting its monthly visa number goals.

Future Prospects

Given the ongoing demand for both family-based and employment-based immigrant visas, the Department of State is likely to remain vigilant in its visa allocation strategy. The bulletin’s minimal changes reflect this measured approach. As the DOS and USCIS implement their policies in the coming months, stakeholders will closely monitor the movement in priority dates.

Indian nationals looking to adjust their status or apply for immigrant visas should stay informed about updates in future visa bulletins. The consistency in cut-off dates and the cautious advancement in specific categories highlight the complexities of managing the high demand for U.S. visas.

This structured and measured approach ensures a balance between efficient visa allocation and fairness across different categories and regions.

Taiwan Launches New Visa Programs to Attract Skilled Indian Professionals

In a bid to strengthen its workforce and meet the growing demand for skilled professionals, Taiwan is introducing two specialized visa programs aimed at attracting talent from India. These initiatives target sectors such as technology, engineering, and research and development, all of which play a pivotal role in the country’s economic growth.

The first program, known as the Employment Seeking Visa, is tailored to Indian nationals who wish to explore job opportunities in Taiwan. This visa grants individuals the flexibility to enter Taiwan and actively search for employment in their areas of expertise. Unlike traditional work visas, it allows applicants to assess the local job market before making long-term commitments. This approach appeals to professionals who want to understand Taiwan’s employment landscape before deciding on their next career steps.

The second initiative, the Taiwan Employment Gold Card, is designed for highly skilled professionals, entrepreneurs, and specialists. This comprehensive package combines a visa, work permit, and residence permit, offering unparalleled convenience for those aiming to settle in Taiwan. With a validity of up to three years and the option to renew, the Gold Card provides long-term flexibility and is particularly attractive to individuals seeking stability while contributing to Taiwan’s economic development.

“The Taiwan Employment Gold Card is especially beneficial for top-tier talent, as it simplifies the process of living and working in the country while supporting their long-term aspirations,” remarked a government official.

These programs are integral to Taiwan’s strategy to attract international talent to address skill shortages in critical industries. The government’s focus on sectors such as information technology, engineering, and research and development highlights its commitment to fostering innovation and maintaining its competitive edge in the global market.

Prospective applicants can access detailed information on the requirements and application procedures for both visa programs through the official websites of Taiwan’s Bureau of Consular Affairs and the National Development Council. These platforms offer step-by-step guidance to facilitate the process for Indian professionals eager to seize these opportunities.

By introducing these initiatives, Taiwan aims to position itself as an appealing destination for skilled workers, ensuring the growth and sustainability of its workforce in the years to come.

Trump Defends H-1B Visa Program Amidst Divided Supporters

President-elect Donald Trump has voiced his support for the H-1B visa program, which allows highly skilled foreign workers to immigrate to the United States, in his first public statement on the controversial issue since his election. The remarks come during a week when the program has sparked sharp divisions among his supporters.

In an interview with The New York Post, Trump stated his strong backing for H-1B visas, despite his previous restrictions on the program during his presidency. “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” Trump said, adding, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.”

The H-1B visa program, which allows 65,000 highly skilled workers to immigrate annually and an additional 20,000 workers with advanced degrees from U.S. institutions, has long been a contentious topic in U.S. politics. Proponents argue that it helps U.S. companies remain competitive and fosters economic growth, while critics claim it undermines American workers by encouraging companies to hire foreign labor at lower wages.

Trump’s comments signal a shift from his earlier stance on the program. During his 2016 campaign, Trump criticized the H-1B visa system, accusing companies of using it to replace American workers with cheaper foreign labor. As president, he implemented restrictions on H-1B visas, citing economic concerns, especially during the COVID-19 pandemic. However, during the 2024 campaign, Trump expressed openness to granting legal status to certain foreign-born workers, particularly those graduating from U.S. universities.

The president-elect’s recent remarks align him with tech industry leaders, including Elon Musk, and signal a willingness to reconsider the program’s role in fostering innovation and economic growth.

Musk’s Advocacy for H-1B Visas

Elon Musk, the billionaire entrepreneur behind SpaceX and Tesla, has been one of the most vocal defenders of H-1B visas. This week, Musk took to social media to argue for the program’s importance in helping tech companies expand and innovate. On Friday, Musk declared, “The reason I’m in America along with so many critical people who built SpaceX, Tesla, and hundreds of other companies that made America strong is because of H-1B. I will go to war on this issue the likes of which you cannot possibly comprehend.”

Musk, originally from South Africa, gained Canadian citizenship through his mother and later moved to the U.S. as a foreign student, initially working under an H-1B visa. His passionate defense of the program has drawn both praise and criticism.

Musk’s sentiments were echoed by Vivek Ramaswamy, whom Trump has appointed to lead the newly created Department of Government Efficiency. Both Musk and Ramaswamy’s support for the visa program has provoked backlash from some members of Trump’s base, who view it as a threat to American jobs.

Criticism from MAGA Supporters

The defense of H-1B visas by Musk and Ramaswamy has led to sharp criticism from prominent figures within Trump’s coalition. Steve Bannon, a former Trump aide, described the program as a “scam” during an episode of his podcast on Saturday. Similarly, former Representative Matt Gaetz and far-right activist Laura Loomer have voiced strong opposition to the program.

The criticism highlights a growing divide among Trump’s supporters over immigration policy. While many MAGA loyalists advocate for restricting both legal and illegal immigration, others argue that programs like H-1B are essential for maintaining the U.S. economy’s global competitiveness.

Trump’s Evolving Relationship with Musk

Trump’s recent remarks defending H-1B visas also reflect his deepening relationship with Musk. On Friday, Trump shared a private social media message addressed to Musk, asking when the tech mogul would visit his Mar-a-Lago estate in Florida again.

This growing alliance between Trump and Musk signals a broader shift in Trump’s approach to the tech industry. While his first term was marked by tensions with Silicon Valley, Trump’s comments suggest he may adopt a more collaborative stance with tech leaders during his upcoming presidency.

Balancing Act on Immigration

The H-1B visa debate underscores the broader challenges Trump faces in balancing the competing interests within his coalition. While his base largely supports strict immigration controls, key business leaders and economists emphasize the importance of foreign talent in driving innovation and economic growth.

The H-1B program, established to address labor shortages in specialized fields, is seen by many economists as vital for maintaining the U.S. economy’s competitive edge. “The program allows companies to grow their businesses and create more jobs in the U.S.,” supporters argue. However, detractors claim it prioritizes corporate profits over American workers’ interests.

During his presidency, Trump sought to address these concerns by restricting access to H-1B visas, particularly during the economic downturn caused by the pandemic. Yet his recent comments suggest a willingness to strike a more balanced approach, recognizing the program’s potential benefits while addressing its perceived shortcomings.

The Road Ahead

As Trump prepares to assume office, his stance on H-1B visas will likely remain a contentious issue. While his comments signal an openness to compromise, the debate over the program’s impact on American workers and the economy is far from resolved.

For now, Trump’s endorsement of the H-1B program marks a notable departure from his earlier rhetoric, aligning him with tech leaders like Musk and highlighting the complexities of crafting immigration policy in a deeply divided political landscape.

In the coming months, Trump will face the challenge of reconciling these divisions within his coalition while addressing broader concerns about the U.S. economy and workforce. Whether his administration can strike the right balance remains to be seen, but Trump’s comments have already reignited a critical conversation about the role of immigration in shaping America’s future.

Trump’s Allies Clash Over High-Skilled Worker Visas, Sparking Immigration Debate

A rift has erupted within Donald Trump’s camp over visas for highly skilled workers, with new tech allies like Elon Musk and Vivek Ramaswamy advocating for such immigration and the anti-immigration MAGA base opposing it. The conflict highlights the challenges of maintaining Trump’s coalition as his administration tackles immigration, a cornerstone of his 2024 campaign.

While President-elect Trump has pledged to curb illegal immigration at the southern border and initiate mass deportations, this debate focuses on legal immigration, revealing underlying anti-immigrant sentiment within some conservative circles.

A Controversial Appointment

The issue gained momentum when Trump announced the appointment of Sriram Krishnan as a White House policy adviser on artificial intelligence. Krishnan’s past suggestion to eliminate country caps on green cards and promote skilled immigration drew criticism. Far-right commentator Laura Loomer called his views “alarming,” claiming they would allow foreign workers to take jobs from American STEM graduates.

The H-1B visa program, which permits employers to hire high-skilled professionals, mostly in tech, became the center of the discussion. The program caps visas at 65,000 annually, with an additional 20,000 for those with advanced U.S. degrees. Critics within Trump’s base argue that the program undercuts American workers.

Racial Undertones

Some opposition to H-1B visas took on racist overtones, particularly targeting Indian immigrants. By law, no more than 7% of green cards can be issued to applicants from a single country annually, yet most pending applicants are Indian, who also make up 72% of H-1B visa recipients in 2023.

Amid the backlash, several tech industry leaders supporting Trump defended high-skilled immigration. Musk, a South African immigrant and former H-1B holder, argued on his platform X that there aren’t enough U.S.-born engineers to meet demand. “OF COURSE my companies and I would prefer to hire Americans and we DO,” he stated, “but there is a dire shortage of extremely talented and motivated engineers in America.”

Culture and Immigration Debate

Ramaswamy, co-chair of Trump’s “Department of Government Efficiency” (DOGE) alongside Musk, previously criticized the H-1B program during his presidential campaign but shifted focus in this debate. He blamed American culture for the shortage of engineers, asserting, “American culture has venerated mediocrity over excellence for way too long,” citing examples from pop culture.

His remarks sparked criticism, including from former U.N. Ambassador Nikki Haley, who countered, “There is nothing wrong with American workers or American culture. We should be investing and prioritizing Americans, not foreign workers.”

Other tech figures, such as venture capitalists David Sacks and Joe Lonsdale, supported high-skilled immigration. Sacks defended Krishnan, emphasizing that his call to remove green card caps did not equate to eliminating all limits. “Supporting a limited number of highly skilled immigrants is still a prevalent view on the right,” Sacks remarked.

Lonsdale expressed a nuanced stance, opposing “low-end H1B immigrants” but advocating for attracting top talent globally.

Seeking Common Ground

Musk acknowledged flaws in the H-1B system, agreeing with a post describing it as a way to attract “brilliant engineers” while also being “poorly implemented and abused.” Sacks similarly sought to bridge the divide, affirming trust in Stephen Miller, incoming White House Deputy Chief for Policy, to handle immigration. “What I oppose is a baseless witch hunt against a highly qualified American for a role as AI adviser,” Sacks added.

The debate has exposed cracks in the newfound alignment between MAGA conservatives and Silicon Valley figures who rallied behind Trump. Musk, who contributed $250 million to Trump’s campaign, has become a prominent ally, earning the nickname “President Musk” for his influence. However, his stance on immigration has stirred opposition from within the conservative base.

Criticism from the MAGA Base

Rep. Marjorie Taylor Greene, co-chair of a DOGE subcommittee, urged Americans to replace H-1B workers by seeking skilled jobs themselves. “Put down the selfie light and go apply for a job,” Greene posted on X, adding that American companies are eager to hire domestic workers.

Former Rep. Matt Gaetz, initially considered for Trump’s attorney general, criticized tech leaders’ involvement in immigration policy, writing, “We did not ask them to engineer an immigration policy.”

A Historical Perspective

Trump himself has largely stayed out of the current debate, focusing on unrelated topics on X. However, his past criticism of the H-1B program looms large. During his 2016 campaign, he condemned it as a tool to replace American workers with cheaper foreign labor. His first-term administration attempted to raise wage requirements for H-1B visas, but the initiative was blocked.

Bridging Divisions

Amid the infighting, Ramaswamy echoed Trump’s patriotic rhetoric, emphasizing the need to revive the “American spirit.” Stephen Miller also invoked Trump’s 2020 speech celebrating uniquely American achievements, such as the Wright brothers and Elvis Presley, suggesting the U.S. must continue fostering domestic talent.

While the Trump-Silicon Valley alliance has sparked optimism among some conservatives, the immigration debate reveals the challenges of uniting diverse factions within the movement. As the conversation continues, it remains to be seen how Trump’s administration will navigate these tensions while shaping its immigration policies.

USCIS to Implement New Form I-129 Requirements Starting January 17, 2025

On January 17, 2025, the U.S. Citizenship and Immigration Services (USCIS) will release an updated version of Form I-129, with the edition date marked 01/17/25. This revision will officially replace the prior edition dated 04/01/24. Importantly, there will be no grace period for transitioning to the updated form, as USCIS requires the revised version to align with final regulatory updates. From January 17, 2025, any Form I-129 petition submitted using the older 04/01/24 edition will be automatically rejected.

Form I-129 is a crucial document that allows employers, referred to as petitioners, to file on behalf of nonimmigrant workers seeking temporary employment or training opportunities in the United States. This form caters to various visa categories, including H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, and R-1 classifications. Additionally, it is used to request extensions of stay or changes of status to certain other classifications, such as E-1, E-2, E-3, H-1B1, and TN, as well as the aforementioned categories.

The U.S. Department of Homeland Security (DHS) has also introduced new rules to improve the hiring process for foreign workers, aiming to strengthen the economy and help U.S. companies address critical labor shortages. Among these updates is the modernization of the H-1B visa program, which includes streamlined approval processes, increased flexibility for retaining skilled workers, and measures to enhance program integrity and oversight.

A preview of the updated Form I-129, along with detailed filing instructions, has already been made available for review. However, USCIS has clarified that the 01/17/25 edition of the form should not be filed before January 17, 2025. Petitions using the new form will only be accepted if they are received on or after the official release date.

For those submitting Form I-129 via paper mail, the following rules will apply:

  1. USCIS will accept the 04/01/24 edition of Form I-129 only if it is received before January 17, 2025.
  2. Beginning January 17, 2025, the 04/01/24 edition will no longer be accepted, regardless of when it was mailed.
  3. Starting January 17, 2025, only the 01/17/25 edition of Form I-129 will be accepted by USCIS.

These changes underscore USCIS’s commitment to ensuring compliance with updated regulations while enhancing the efficiency and integrity of the petitioning process for nonimmigrant workers. Employers and petitioners are advised to familiarize themselves with the new edition of Form I-129 and adhere to the outlined timelines to avoid delays or rejections of their submissions.

Immigration Lawyers Urge Foreign Tech Workers to Return to the US Before Trump Administration Begins

Immigration lawyers in the United States are advising foreign workers in the tech industry on visas to return to the country before President-elect Donald Trump assumes office on January 20, 2025. This cautionary advice follows concerns that the incoming administration might implement executive orders to restrict access to various work visas, particularly those widely used in the technology sector.

The New York Post reports that Mr. Trump has also pledged to reinstate a ban on individuals from Muslim-majority countries entering the U.S., a controversial policy he attempted during his earlier tenure. In anticipation of these developments, legal experts are recommending swift action to avoid potential complications for foreign workers.

“Storm is coming. And this time, we know exactly what it’s going to bring,” said Jason Finkelman, an immigration lawyer based in Texas, while speaking to Business Insider.

Mr. Finkelman highlighted the potential for Mr. Trump to reintroduce travel bans, similar to the ones he proposed during his first term. “I think it’s possible that Trump may attempt to impose travel bans from certain countries just as he did when he initially tried to implement travel restrictions. While I think travel bans will likely face challenges in the courts, it may lead to issues of US employers being restricted from hiring and retaining the foreign talent they need for their operations,” he explained.

This sentiment is echoed by a California-based immigration lawyer who has also been urging her clients currently traveling overseas to return to the U.S. before the inauguration. She expressed concerns about the possibility of new restrictions and their impact on visa holders.

Another legal expert speculated on the potential expansion of the travel ban to include additional countries, raising the question of whether China might be added to the list. “The wildcard for me is what happens to China,” the lawyer told Business Insider, reflecting on the broader implications of such a policy shift.

Among the most significant uncertainties for foreign tech workers is the fate of the H-1B visa program under the Trump administration. The H-1B visa allows U.S. companies to hire skilled professionals from other countries for specialized roles requiring specific expertise. For many foreign nationals, this visa serves as the primary pathway to work in the United States on a long-term basis.

However, the H-1B visa program has faced criticism from various quarters. Critics argue that it enables companies to hire workers at lower wages while providing fewer protections compared to American employees. Such concerns have fueled debates over its economic and social impact.

During Mr. Trump’s previous tenure, there was a marked increase in the number of H-1B visa applications that were denied. Additionally, his administration issued the “Buy American and Hire American” executive order, which directed federal cabinet members to propose reforms ensuring that business visas were awarded only to the most skilled or highest-paid applicants. This move was framed as an effort to protect American workers and prioritize their employment opportunities.

Foreign workers and their employers are now bracing for a repeat of such policies, which could complicate hiring processes and disrupt ongoing projects in the technology sector. Many companies in the U.S. depend on foreign talent to meet their specialized workforce needs, making the H-1B visa a critical tool for their operations.

As legal experts warn of potential travel bans and visa restrictions, tech professionals are closely monitoring developments to understand how the new administration’s policies might affect their careers and residency status in the United States. With

uncertainty looming, the advice to return before January 20 aims to safeguard foreign workers from unexpected policy shifts under the Trump administration.

US Revises J-1 Visa Rules, Eases Home Residency Requirement for 37 Nations

The US Department of State (DOS) has introduced significant changes to the Exchange Visitor Skills List, eliminating the two-year home residency requirement for J-1 visa holders from 37 countries, including India and China. This update, effective from December 9, marks the first major revision to the list in 15 years and is expected to provide J-1 visa holders greater flexibility in remaining in the United States.

The revision has been widely welcomed, particularly for its potential to retain international talent in sectors like technology, healthcare, and agriculture. Jill Allen Murray, NAFSA’s deputy executive director for public policy, expressed her support for the change, describing it as a move that would “make it easier for talented individuals to remain in the United States and contribute to key sectors such as technology, healthcare, and agriculture.” She further emphasized, “By addressing the two-year home residency requirement, this change strengthens the US’s ability to retain top international talent and enhances national competitiveness.”

Significance of the Update

The DOS’s Exchange Visitor Skills List identifies countries and fields of expertise deemed critical to a nation’s development. Traditionally, J-1 visa holders from these countries were required to return to their home countries for two years after completing their programs in the US. The latest revision has reduced the number of countries on the list from 82 in 2009 to just 45, removing nations such as Brazil, China, India, South Korea, Saudi Arabia, and the UAE.

A major advantage of the updated list is its retroactive application. J-1 visa holders who were admitted to the US or obtained J status before December 9, 2023, and whose countries are no longer on the 2024 Skills List, will no longer be bound by the two-year residency requirement.

Fragomen, a prominent immigration law firm, highlighted the implications of this change for employers and visa holders, advising them to review their plans in light of the “significant change.” The update offers new opportunities for J-1 visa holders to transition to other immigration routes, such as skilled foreign worker visas or green cards, without needing a waiver for the residency requirement.

Stakeholders Applaud Modernization

The modernization of the skills list has been hailed as a “vital step forward” by stakeholders. Allen Murray described the move as a “clear win” for individuals on exchange programs, emphasizing its benefits for exchange visitors and their families. She noted, “The two-year home residency requirement can be disruptive to exchange visitors and their families when their lives and work no longer fit with the requirement.”

The revision has been guided by factors such as GDP per capita, country size, and overall outbound migration rate. According to the Federal Register, these criteria aim to ensure that countries with low development levels or those facing challenges in building a skilled workforce remain on the Skills List to support their development.

Impact on J-1 Visa Holders

The J-1 visa program facilitates work and study-based exchange visitor programs in the US, including summer work opportunities, au pair placements, research scholarships, and STEM initiatives. By removing the two-year residency requirement for many countries, the update offers affected J-1 visa holders increased flexibility to explore other immigration options within the US.

However, the change does not apply to all J-1 visa holders. Those participating in government-funded exchange programs, such as Fulbright scholarships or graduate medical training programs, will still be subject to the residency requirement if their participation is not tied to the Skills List.

Future Reviews and Potential Challenges

The DOS plans to review the Skills List every three years, with updates published as needed. While the current changes have been celebrated, their long-term impact remains uncertain. Fragomen cautioned that the revisions could face challenges if the next US administration decides to reverse the changes.

Despite this uncertainty, NAFSA is optimistic, describing the update as a “clear win” and reiterating its commitment to advocating for further reforms. “We remain focused on advocating for further reforms to ensure that more individuals are able to remain in the United States and contribute their talents,” said Allen Murray.

Conclusion

The revision of the Exchange Visitor Skills List marks a significant milestone for the J-1 visa program, providing enhanced opportunities for skilled individuals to remain in the United States. By removing the two-year home residency requirement for 37 nations, the US has taken a step toward strengthening its ability to retain international talent and bolstering its global competitiveness. However, the future of these changes will depend on continued advocacy and the policies of future administrations.

Spouses of H-1B Visa Holders to Benefit from Extended Work Permit Renewals Starting 2025

Beginning January 2025, spouses of H-1B visa holders residing in the United States will see a significant change in their work permit renewal process. The automatic extension period for renewing work permits will increase from the current maximum of 180 days to 540 days, according to the U.S. Department of Homeland Security (DHS).

The H-1B visa remains a highly sought-after pathway for professionals worldwide, particularly those with advanced degrees, to secure employment in the United States. This visa enables American companies to hire skilled workers for specialized roles, often filled by graduates from MBA and business master’s programs.

H-1B visa holders are permitted to bring their dependents, including spouses and unmarried children under 21 years old, to live with them in the U.S. for the duration of their visa. Initially granted for three years, the visa can often be extended for an additional three years.

Dependents of H-1B visa holders are issued H-4 visas, which allow them to reside in the U.S. and apply for temporary work authorization. The upcoming changes to the automatic extension period for H-4 visa work permit renewals will come into effect on January 13, 2025.

“Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy,” remarked Alejandro N. Mayorkas, Secretary of Homeland Security.

The right of H-4 visa holders to work in the U.S. has faced challenges. Earlier this year, a legal dispute arose when Save Jobs USA, an organization of former technology workers, questioned this employment privilege. The group argued that allowing H-4 visa holders to work negatively impacts job opportunities for U.S.-born workers.

The employment authorization for H-4 visa holders, established through a 2015 federal rule introduced during the Obama administration, was upheld in August 2023 by the U.S. Court of Appeals for the District of Columbia. Major technology companies, which are leading sponsors of H-1B visas, strongly supported maintaining work rights for H-4 visa holders.

This extension aligns with efforts to reduce administrative delays and supports the continued integration of skilled workers and their families into the U.S. economy. It represents a significant step forward for many families navigating visa renewals and work authorization processes.

Biden Administration Revises H-1B Visa Rules to Support Skilled Foreign Workers and Businesses

A month before leaving office, the Biden administration announced new rules for H-1B visas designed to simplify the hiring process for skilled foreign workers by American businesses and facilitate a smoother transition for international students on F-1 visas seeking employment in the U.S. The changes, unveiled by the Department of Homeland Security (DHS) on Tuesday, aim to modernize the H-1B visa program, enhance flexibility, and ensure competitiveness in the global economy.

The updated regulations redefine the criteria for “special positions” and expand the scope for nonprofit and governmental research organizations to qualify for exemptions from the annual cap on H-1B visas. These modifications aim to address labor demands and help American businesses remain competitive internationally. An official release emphasized, “The changes will help U.S. employers hire as per their business needs and remain competitive in the global marketplace.”

Donald Trump is set to be inaugurated as the next president of the United States on January 20, 2025. Meanwhile, the outgoing Biden administration has been making efforts to secure its legacy with progressive measures like the H-1B visa reforms.

According to the DHS, the rule introduces significant benefits for students on F-1 visas transitioning to H-1B status. It minimizes disruptions to their lawful status and ensures uninterrupted employment authorization. This change is expected to provide greater stability for international students who aim to join the U.S. workforce.

Another notable update includes streamlined processing for individuals who have previously been approved for an H-1B visa. This provision is expected to save time and reduce administrative delays, allowing businesses to access the talent they need more efficiently.

The reforms also address a critical issue for H-1B visa holders who have a controlling interest in the petitioning organization. Under reasonable conditions, such individuals can now qualify for H-1B status, providing more opportunities for entrepreneurial immigrants who contribute to U.S. innovation.

These updates are a continuation of the Biden administration’s efforts to meet the labor requirements of American businesses while ensuring compliance with worker protection laws. The administration’s approach is focused on reducing the burden on employers and fostering a balanced system that protects both U.S. workers and foreign employees.

“American businesses rely on the H-1B visa programme for the recruitment of highly-skilled talent, benefiting communities across the country,” remarked Secretary of Homeland Security Alejandro N. Mayorkas. He further added, “These improvements to the programme provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation.”

USCIS Director Ur M. Jaddou also endorsed the reforms, stating, “The H-1B programme was created by Congress in 1990, and there’s no question it needed to be modernised to support our nation’s growing economy.” He explained that the changes are aimed at enabling U.S. employers to hire the skilled workers required to drive growth and innovation while safeguarding the program’s integrity.

To strengthen the program’s reliability, the DHS clarified that employers must demonstrate the existence of a bona fide position in a specialty occupation available for the worker on the requested start date. Additionally, the updated regulations codify the USCIS’s authority to conduct inspections, impose penalties for non-compliance, and ensure that labor condition applications align properly with H-1B petitions.

Other compliance measures include a requirement for petitioners to have a legal presence in the United States and be subject to its legal jurisdiction. These provisions aim to reduce fraudulent activities and ensure that employers adhere to established legal standards.

To facilitate the implementation of these changes, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be introduced. Starting January 17, 2025, all H-1B petitions must use this updated form.

The Biden administration’s proactive measures underscore its commitment to adapting the H-1B visa program to contemporary economic needs. By modernizing the framework, the changes aim to create a system that benefits both U.S. employers and global talent. As Secretary Mayorkas highlighted, “These reforms will enhance the program’s flexibility, support economic competitiveness, and further American innovation.”

DHS Announces Modernized H-1B Rule to Boost Economic Competitiveness and Streamline Hiring

The Department of Homeland Security (DHS) unveiled a significant final rule today designed to enhance the functionality of the H-1B visa program, a cornerstone for U.S. businesses relying on highly skilled foreign workers. This initiative is set to modernize the program, making it easier for employers to fill critical job roles, while bolstering economic growth. The updates streamline the approvals process, increase employer flexibility, and introduce improved integrity and oversight measures. These adjustments align with the administration’s ongoing efforts to meet the labor demands of American businesses without compromising protections for U.S. workers.

“American businesses rely on the H-1B visa program for the recruitment of highly skilled talent, benefitting communities across the country,” remarked Secretary of Homeland Security Alejandro N. Mayorkas. “These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation.”

Introduced in 1990, the H-1B program was initially created by Congress to enable U.S. employers to temporarily employ foreign workers in specialty occupations. Such roles are defined as those requiring highly specialized knowledge and a bachelor’s degree or higher in the respective field, or its equivalent. Recognizing the evolving demands of the labor market, DHS has updated key definitions and criteria. According to Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services (USCIS), “The H-1B program was created by Congress in 1990, and there’s no question it needed to be modernized to support our nation’s growing economy. The changes made in today’s final rule will ensure that U.S. employers can hire the highly skilled workers they need to grow and innovate while enhancing the integrity of the program.”

The revised rule introduces critical changes aimed at providing greater flexibility to employers and workers alike. For instance, it updates the criteria for specialty occupation positions and grants exemptions for nonprofit and governmental research organizations from the annual statutory cap on H-1B visas. These measures ensure U.S. employers have access to a skilled workforce, enabling them to remain competitive globally. Additionally, the rule extends certain benefits to international students holding F-1 visas, allowing a smoother transition to H-1B status. This minimizes disruptions in legal status and employment authorization for such students.

Another notable change involves streamlined processes for individuals previously approved for H-1B visas. The new rule allows USCIS to expedite the processing of applications for most of these cases, thereby reducing delays. H-1B beneficiaries with a controlling interest in their petitioning organization will also be eligible for H-1B status, subject to specific conditions. This provision reflects the program’s adaptability to accommodate diverse employment scenarios.

The new regulations also include measures to enhance the program’s integrity and oversight. Employers must demonstrate the availability of a bona fide specialty occupation position at the requested start date. Furthermore, the Labor Condition Application must align with and support the H-1B petition. USCIS’ authority to conduct inspections and impose penalties for noncompliance is now codified, reinforcing accountability. Petitioners are required tomaintain a legal presence and be subject to legal processes in U.S. courts. These provisions aim to ensure that the program operates transparently and effectively.

In preparation for the rule’s implementation, a revised version of Form I-129, Petition for a Nonimmigrant Worker, will be mandatory for all petitions starting January 17, 2025. USCIS plans to release a preview of this updated form on its official website soon, ensuring that stakeholders have ample time to familiarize themselves with the changes. Unlike previous updates, there will be no grace period for accepting older editions of the form.

The final rule builds on reforms introduced in January 2024, which significantly improved the H-1B registration and selection process. These prior changes were widely recognized for enhancing efficiency and fairness in the program. By addressing longstanding issues and introducing modernized processes, DHS continues to prioritize both the needs of U.S. employers and the protection of American workers.

This latest development underscores the administration’s commitment to fostering innovation and economic growth through a robust, adaptable H-1B visa program. As Secretary Mayorkas emphasized, these updates will “boost our economic competitiveness” and ensure that the U.S. remains a leader in attracting global talent.

US Visa Bulletin for January 2025 Brings Relief for Indian Applicants

The US Department of State’s Bureau of Consular Affairs has released its Visa Bulletin for January 2025, bringing encouraging news for Indian applicants aspiring for American visas. The bulletin highlights significant progress in both employment-based (EB) and family-sponsored visa categories, providing a potential boost for many Indian nationals navigating the green card process.

The Visa Bulletin, issued monthly by the Department of State, provides updates on the availability of immigrant visa numbers for those awaiting green cards in the United States. For January 2025, the annual limit for family-sponsored immigrants remains set at 226,000, while the employment-based preference category has a cap of 140,000 visas.

Indian nationals face a substantial backlog in green card applications, with over a million individuals waiting, according to US Citizenship and Immigration Services (USCIS) data. The Congressional Research Service (CRS) estimates that by the fiscal year 2030, this backlog could swell to 2.19 million in employment-based categories alone, requiring an astounding 195 years to clear at the current rate. This delay impacts the vibrant Indian community in the US, now comprising around five million people and recognized as one of the most influential immigrant groups in the country.

Changes in Family-Sponsored Visa Categories

For family-sponsored immigrants, the annual cap remains at 226,000, with a 7% per-country limit on preference visas. The January 2025 Visa Bulletin outlines several key updates in this category:

  • First Preference (F1): This category, which covers unmarried sons and daughters of US citizens, sees the final action date move forward by one month, from October 22, 2015, to November 22, 2015. However, the filing date remains static at September 1, 2017.
  • Second Preference (F2A and F2B): The F2A category, encompassing spouses and children of permanent residents, remains unchanged with a final action date of January 1, 2022. For F2B, covering unmarried sons and daughters of permanent residents, the final action date advances marginally from May 1, 2016, to May 22, 2016.
  • Third Preference (F3): This category, addressing married sons and daughters of US citizens, sees a notable shift in the final action date, progressing from April 15, 2010, to July 1, 2010. Filing dates also move forward, from April 22, 2012, to July 22, 2012.
  • Fourth Preference (F4): Covering siblings of adult US citizens, the final action date advances from March 8, 2006, to April 8, 2006, while the filing date moves slightly from August 1, 2006, to August 15, 2006.

Updates in Employment-Based Visa Categories

The worldwide cap for employment-based visas is at least 140,000 annually. In this category, filing dates remain unchanged, while some adjustments have been made to final action dates.

  • First Preference (EB-1): The EB-1 category, which includes priority workers, shows no change, with the final action date fixed at February 1, 2022. Currently, an estimated 143,497 Indians are in this backlog.
  • Second Preference (EB-2): This category includes individuals with advanced degrees or exceptional ability. The final action date advances from August 1, 2012, to October 1, 2012. Approximately 838,784 Indians are awaiting green cards in this backlog.
  • Third Preference (EB-3): Covering skilled workers, professionals, and other workers, the final action date moves forward by one month, from November 8, 2012, to December 1, 2012. According to USCIS, there are 138,581 Indian applicants in the EB-3 category. The National Foundation for American Policy (NFAP) estimates an equal number of dependents, making the total backlog 277,162.
  • Fourth Preference (EB-4): This category, including certain special immigrants, sees no change, with the final action date set at January 1, 2021.
  • Fifth Preference (EB-5): Focused on employment creation, this category also remains unchanged, with the final action date fixed at January 1, 2022.

The Visa Bulletin uses terms like “final action date” and “date for filing” to streamline visa allocation based on category and country-specific quotas. The “final action date” indicates when applicants can be scheduled for interviews at US embassies or consulates, while the “date for filing” represents the earliest point at which applicants can submit adjustment of status or immigrant visa applications.

As the US Visa Bulletin for January 2025 reveals, modest progress in final action dates offers hope for many Indian applicants. Although the backlog continues to present significant challenges, the incremental advancements mark a step forward in addressing long-standing delays.

USCIS Introduces Major Updates to Green Card Application Process

USCIS has unveiled updates to Form I-485, Application to Register Permanent Residence or Adjust Status, bringing notable changes to the green card application process. These revisions, effective with the December 10, 2024 edition of the form, aim to reduce confusion and streamline procedures for applicants seeking adjustment of status.

Key Deadlines for Form I-485

Starting February 10, 2025, only the new version of Form I-485, dated October 24, 2024, will be accepted. Submissions using earlier versions of the form will be rejected after this deadline. Applicants currently in the process of filing must ensure they are using the updated form to avoid complications.

Changes to Form I-485

Medical Examination Submission Updates

One of the most significant revisions involves the submission of medical examination results. Under the updated guidelines:

Applicants must now include Form I-693, Report of Medical Examination and Vaccination Record, when submitting Form I-485.

This requirement applies to both comprehensive medical exams and partial submissions, such as vaccination records.

Applications missing the necessary medical documentation risk being rejected outright.

Simplified Affidavit of Support Exemption Process

USCIS has also overhauled the process for those exempt from submitting an Affidavit of Support:

The separate Form I-864W, previously required for exemption requests, has been discontinued and removed from the USCIS website.

Requests for exemption are now built into the updated Form I-485, eliminating the need for additional forms.

Enhanced Public Charge Assessment

To address the public charge ground of inadmissibility, the revised form includes clearer questions:

Applicants are now required to specify their immigrant category.

This modification assists USCIS in efficiently determining public charge exemptions.

These adjustments aim to make the adjudication process smoother and less confusing for applicants.

How These Changes Impact Applicants

The updates to Form I-485 bring several changes to the filing process:

Timing for Medical Examinations: Applicants must complete and include their medical examination results with their initial I-485 filing rather than waiting until later in the process.

Comprehensive Documentation: Applicants should ensure all medical and vaccination records are complete and included when submitting their application.

Affidavit of Support Exemption: Those qualifying for an exemption no longer need to file Form I-864W as a separate document.

Preparing for the New Filing Requirements

Applicants can take several steps to ensure compliance with the updated process:

Download the most recent version of Form I-485 from the official USCIS website.

Schedule medical examinations well before the intended filing date to avoid delays.

Carefully review the revised instructions, especially sections related to public charge information.

Organize all supporting documents to ensure accuracy and completeness.

Future Outlook

These revisions reflect USCIS’s broader commitment to easing the burden on immigration benefit applicants. By consolidating forms, eliminating redundancies, and clarifying instructions, the agency aims to create a more efficient application process for those seeking to adjust their immigration status.

“By making these updates, USCIS seeks to streamline the process, reduce confusion, and ensure a more user-friendly experience for green card applicants,” the agency stated.

These changes highlight the importance of staying informed and prepared when navigating the evolving landscape of U.S. immigration procedures.

 

H-1B Visa Approvals for Indian IT Firms Drop Sharply in FY24

In fiscal year 2024, the top seven Indian IT companies collectively secured only 7,299 H-1B visa approvals for new employment, a substantial decline from the 14,792 approvals reported in fiscal year 2015. This significant decrease was highlighted in an analysis conducted by the National Foundation for American Policy (NFAP), a non-partisan U.S.-based think tank.

These 7,299 approvals represented just 5.2% of the total H-1B visa approvals for fiscal year 2024, a figure that translates to a mere 0.004% of the U.S. civilian workforce. Denial rates for H-1B visa applications continued to remain low, standing at 2.5% in FY24, slightly down from the 3.5% recorded in FY23, according to the NFAP report.

Despite the current low denial rates, the report warned of a potential reversal if the incoming Trump Administration reinstates the restrictive immigration policies implemented during his first term in office. Such policies had previously resulted in heightened denial rates for H-1B visa applications.

Among individual companies, Amazon emerged as the top employer for H-1B visa approvals for initial employment in FY24, securing 3,871 approvals. However, this was a decline from the 4,052 approvals Amazon achieved in FY23 and the 6,396 in FY22. Cognizant followed with 2,837 approvals, while Infosys obtained 2,504, and Tata Consultancy Services (TCS) recorded 1,452. Other key players included IBM with 1,348 approvals, Microsoft with 1,264, HCL America with 1,248, Google with 1,058, Capgemini with 1,041, and Meta Platforms with 920 approvals.

A notable development in FY24 was Tesla’s significant progress in H-1B approvals. The company, led by Elon Musk, secured the 16th position among employers, marking its first appearance in the top 25. Tesla achieved 742 H-1B approvals, more than doubling its totals from FY23 and FY22, which were 328 and 337, respectively. The report noted that Tesla’s visa requests were primarily driven by its requirements in manufacturing, research and development, and engineering roles.

While certain U.S.-based companies such as Tesla made significant gains, another report pointed out that Indian IT firms, including TCS, Wipro, Infosys, and HCL, have reduced their reliance on H-1B visas by 56%. This reflects a strategic shift among these firms, which have established strong operations in the United States. Increasingly, they are focusing on hiring local talent and sponsoring Green Cards to attract and retain skilled professionals within the country.

This shift in approach underscores the changing dynamics of workforce strategies among Indian IT firms. As these companies continue to expand their presence in the United States, they are adapting to local hiring needs and reducing their dependency on temporary work visas.

The demand for H-1B visa holders remains robust in the U.S., particularly for roles requiring specialized skills in rapidly evolving areas such as digital transformation, cloud computing, and artificial intelligence. According to Vic Goel, managing partner at the U.S.-based corporate immigration law firm Goel & Anderson, “U.S. companies must rely on H-1B visas to fill roles with skills not easily found domestically, especially in emerging tech.” This perspective highlights the crucial role H-1B visa holders play in addressing skill gaps in cutting-edge industries.

The significant decline in H-1B visa approvals for Indian IT companies in FY24 reflects broader trends in immigration and workforce strategies. While some U.S. companies have managed to increase their use of H-1B visas, Indian IT firms are increasingly emphasizing local recruitment and long-term employment solutions. These evolving approaches illustrate the complex interplay between immigration policies, corporate strategies, and the growing demand for highly specialized talent in the global tech industry.

U.S. Visa Bulletin for January 2025 Shows Notable Progress for Indian Applicants

The U.S. Department of State has issued its January 2025 Visa Bulletin, offering vital updates for those seeking permanent residency, or green cards, in the United States. This bulletin, the first of the year, highlights significant developments across various employment-based (EB) visa categories, particularly benefiting Indian applicants.

Context for Fiscal Year 2024

For the fiscal year 2024, the family-sponsored preference immigrant visa cap remains at 226,000. These visas are subject to per-country limitations, with each country receiving no more than 7% of the total annual allocation for family-sponsored and employment-based preference visas.

Key Updates in Family-Sponsored Visa Categories

Several family-sponsored visa categories have seen changes in their final action dates:

  • First Preference (F1): This category, designated for unmarried sons and daughters of U.S. citizens, has advanced its final action date to November 22, 2015, from October 22, 2015.
  • Third Preference (F3): Covering married sons and daughters of U.S. citizens, the final action date has moved to July 1, 2010, from April 15, 2010. The filing date has also progressed to July 22, 2012.
  • Fourth Preference (F4): Reserved for siblings of U.S. citizens, the final action date has advanced to August 15, 2006, from March 8, 2006.
  • Second Preference (F2A and F2B): The F2A category, for spouses and children of permanent residents, remains unchanged with a final action date of January 1, 2022. The F2B category, covering unmarried sons and daughters (aged 21 or older) of permanent residents, also shows no movement.

Shifts in Employment-Based Visa Categories

Employment-based visa categories have experienced notable adjustments in priority and filing dates:

  • Second Preference (EB-2): This category, which includes professionals with advanced degrees and individuals with exceptional ability, has seen its final action date advance to October 1, 2012. However, filing dates remain static at January 1, 2013.
  • Third Preference (EB-3) and Other Workers: Both categories now share a final action date of December 1, 2012, with filing dates unchanged.

Detailed Analysis of Final Action Dates for Employment-Based Categories

  • EB-1 (Priority Workers): Priority dates for Indian applicants have retrogressed significantly to February 1, 2022, indicating prolonged delays.
  • EB-2 (Advanced Degrees/Exceptional Ability): The final action date remainsat October 1, 2012, reflecting continued challenges.
  • EB-3 (Skilled Workers and Professionals): This category’s final action date is now December 1, 2012, showing steady, albeit slow, progress.
  • Other Workers: Like EB-3, the final action date is also set at December 1, 2012.
  • EB-5 (Unreserved): With a priority date of January 1, 2022, this category offers a positive outlook for investors.

Dates for Filing Employment-Based Applications

  • EB-1: Applications can be filed for priority dates before April 15, 2022.
  • EB-2: Filing is allowed for priority dates before January 1, 2013.
  • EB-3: Applicants can file if their priority dates are before June 8, 2013.

The backlog for Indian applicants remains a critical issue across most employment-based categories, with notably retrogressed priority dates in EB-1 and EB-2.

Understanding the Visa Bulletin

The Visa Bulletin plays a crucial role for individuals navigating the U.S. immigration system. It provides clear timelines for when green card applications may be submitted and approved, using two primary sections:

  1. Final Action Dates: This section determines when applicants can expect their permanent residency applications to be processed. It establishes a queue based on visa category and nationality, offering insight into approximate wait times.
  2. Dates for Filing: This section indicates the earliest date applicants can submit their adjustment of status or immigrant visa applications. It allows applicants to plan the submission of their paperwork based on category and country of origin.

For Indian applicants, the January 2025 Visa Bulletin offers a mixed picture. While there are some advancements, the overall backlog and retrogressed priority dates continue to pose challenges. These updates underscore the importance of staying informed about visa category movements to navigate the immigration process effectively.

DHS Final Rule Extends Work Authorization for Eligible Noncitizens, Boosting Economic Growth

The Department of Homeland Security (DHS) has announced a final rule aimed at supporting U.S. employers, fostering economic growth, and improving access to employment authorization documents (EAD) for eligible noncitizens. This rule, which takes effect on January 13, 2025, permanently extends the automatic renewal period of work authorization and associated documentation from 180 days to 540 days for eligible individuals who submit timely requests for EAD renewals. This change addresses concerns raised by the business community about the uncertainty caused by delays in processing work authorization renewals.

Over the years, U.S. Citizenship and Immigration Services (USCIS), a branch of DHS, has made strides in reducing processing times for EAD applications. This new rule is another step in ensuring that eligible noncitizens avoid employment disruptions while their EAD renewal requests are under review. According to DHS, the record number of EAD applications submitted and processed this year highlights the necessity of this update. Secretary of Homeland Security Alejandro N. Mayorkas emphasized the rule’s importance, stating, “Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them.” He added, “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”

USCIS Director Ur M. Jaddou echoed these sentiments, highlighting the agency’s dedication to removing unnecessary hurdles within the immigration system. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own,” she said.

The rule applies to eligible applicants with renewal EAD applications filed on or after May 4, 2022, and aligns with USCIS’s broader mission to support eligible individuals’ employment opportunities and their contributions to the U.S. economy. DHS notes that this measure is part of the Biden-Harris Administration’s broader efforts to bolster the workforce and sustain economic growth.

USCIS has also implemented various other measures to streamline the EAD process and reduce barriers to employment authorization. These efforts include:

  • Reducing the median EAD processing times for individuals with pending adjustment of status applications by 50% since fiscal year 2021.
  • Offering education and intake support to communities and work-eligible individuals.
  • Decreasing EAD processing times for asylum applicants and certain parolees to a 30-day median.
  • Extending the validity period for certain EAD categories from two years to five years.
  • Simplifying the processing of refugee EAD applications.
  • Expanding online EAD application filing to asylum applicants and parolees.

These changes reflect a broader commitment to minimizing bureaucratic hurdles while enhancing economic stability. The DHS and USCIS emphasize the critical role noncitizens play in the U.S. economy and the need to ensure their continued ability to contribute meaningfully.

By addressing systemic inefficiencies, such as employment authorization lapses, the DHS aims to provide greater certainty for employers and employees alike. As Secretary Mayorkas noted, “These changes strengthen our economy by supporting businesses and communities across the nation.” The new rule not only provides reassurance for eligible noncitizens but also underscores the administration’s dedication to creating a more efficient immigration system.

DHS officials stress that the final rule complements broader efforts to reduce processing delays and streamline operations, ensuring continuity for employers and eligible employees. As part of its ongoing mission, USCIS remains focused on creating a more transparent and equitable immigration system that benefits both individuals and the broader economy.

Major Changes to Australian Work Visa Program to Begin in 2025

If you’re planning to apply for an Australian work visa in 2025, exciting updates are on the horizon. Starting 7 December 2024, significant changes to Australia’s skilled visa program aim to simplify the process, enhance accessibility, and provide better incentives for skilled workers. Here’s a detailed overview to help you navigate these upcoming changes.

Introduction of the Core Skills Occupation List (CSOL)

The Core Skills Occupation List (CSOL) will consolidate more than 450 high-demand occupations across industries such as cybersecurity, construction, healthcare, and agriculture. This new list replaces the previously fragmented occupation categories, offering a more targeted approach to addressing Australia’s workforce needs and supporting economic growth.

The CSOL is relevant to two visa types:

  • The Skills in Demand (SID) Core Skills stream
  • The Employer Nomination Scheme (subclass 186) visa (Direct Entry stream)

The first step in the visa application process is to check if your profession is included in the CSOL. This ensures eligibility and aligns your skills with Australia’s labor market requirements.

Introducing the Skills in Demand (SID) Visa

The Skills in Demand (SID) subclass 482 visa has replaced the Temporary Skill Shortage (TSS) visa. This new visa is designed to expedite the arrival of skilled workers, offering a clear pathway to permanent residency.

Key benefits of the SID visa include:

  • Authorization to work in Australia for up to four years.
  • Easier and faster transition to permanent residency.
  • A reduced work experience requirement of just one year in your field, compared to two years under the TSS visa.

Exploring the SID Visa Streams

The SID visa offers three specialized streams tailored to diverse applicant profiles:

  1. Core Skills Stream
    1. Applies to occupations listed on the CSOL.
    2. Requires an annual salary of at least AUD 73,150.
    3. Targets critical shortages in Australia’s workforce.
  2. Specialist Skills Stream
    1. For high-income roles with annual earnings of AUD 135,000 or more.
    2. Includes most occupations listed under ANZSCO 2022, except trades, machinery operators, and laborers.
    3. Recognizes professionals with advanced skills who contribute to innovation.
  3. Labour Agreement Stream
    1. This stream is being phased out and replaced by the Essential Skills Stream, which is still under development.

Applicants are encouraged to review these streams to determine the one that best fits their qualifications and career goals.

Options for Current TSS Visa Holders

If you are currently on a TSS visa, you remain eligible to apply for permanent residency in Australia. Additionally, transitioning to the new SID visa allows you to take advantage of its streamlined benefits and updated pathways.

“Don’t delay! Familiarize yourself with the new rules and take action before opportunities pass by,” advises immigration experts.

Step-by-Step Guide to Applying for an Australian SID Visa in 2025

Applying for an SID visa in 2025 is straightforward if you follow these steps:

  1. Check Your Eligibility
    1. Confirm that your occupation is listed on the CSOL or ANZSCO 2022 (for the Specialist Skills Stream).
    2. Ensure you meet the salary thresholds:
      1. AUD 73,150 for the Core Skills Stream.
      2. AUD 135,000 for the Specialist Skills Stream.
    3. Have at least one year of relevant work experience in your field.
  2. Prepare Essential Documents
    1. A valid passport.
    2. Academic degrees, certifications, and professional references.
    3. Proof of meeting salary requirements.
    4. English language proficiency test results (e.g., IELTS, PTE).
    5. A job offer or employer nomination.
  3. Submit Your Application
    1. Create an account on the Department of Home Affairs portal (ImmiAccount) at https://online.immi.gov.au/lusc/login.
    2. Complete the application form for your chosen stream, upload the required documents, and pay the application fees.
  4. Complete Health and Character Checks
    1. Undergo a medical examination with an approved healthcare professional.
    2. Obtain police clearance certificates to verify your character.

By adhering to these steps, you can navigate the process with confidence and efficiency.

Conclusion

The changes to Australia’s skilled visa program bring significant advantages for workers looking to build their careers in the country. Whether you’re transitioning from a TSS visa or starting fresh with the SID visa, the updated pathways prioritize faster processing, economic alignment, and improved access to permanent residency. For skilled professionals worldwide, Australia’s updated visa program offers promising opportunities for 2025 and beyond.

Trump’s Green Card Proposal Sparks Hope, Skepticism, and Criticism

Five months ago, Donald Trump made a surprising pledge during his campaign, a stark contrast to his previous hardline stance on immigration. Speaking to a group of tech investors on The All-In Podcast, Trump proposed that foreign students graduating from U.S. colleges should receive green cards as part of their diplomas. “What I want to do, and what I will do, is — you graduate from a college, I think you should get automatically, as part of your diploma, a green card to be able to stay in this country,” he said.

If this policy is implemented and approved by Congress, it could create a pathway for millions of international students to become permanent residents. However, these are significant “ifs,” as Trump has not revisited the idea publicly, leaving questions about the specifics and feasibility of such a policy.

A Broader Proposal, Then a Narrower Vision

The U.S. hosted over 1.1 million international students in the 2023-24 academic year, a record high, according to recent data. These students generally hold nonimmigrant visas, which allow them to study but not remain permanently. Trump’s podcast comments marked a sharp departure from his administration’s previous policies that reduced legal immigration and aligned with anti-immigrant rhetoric.

The idea emerged during a conversation with venture capitalist Jason Calacanis, who asked Trump to enhance the U.S.’s ability to attract global talent. Trump expanded on the concept, suggesting that all college graduates, including those from junior colleges and doctoral programs, should be eligible for green cards. Shortly after the podcast, Trump’s campaign spokeswoman Karoline Leavitt clarified that this policy would involve strict vetting to exclude “communists, radical Islamists, Hamas supporters, America haters, and public charges.” She added, “He believes, only after such vetting has taken place, we ought to keep the most skilled graduates who can make significant contributions to America.”

International Students’ Mixed Reactions

For many international students, such a policy could be life-changing. Metolo Foyet, a Ph.D. student from Cameroon at the University of Florida, emphasized the stress of navigating current immigration processes. “Having it would erase that pressure. And we can 100% focus on what we need to do and give back to this country who has given so much to us,” she said.

However, skepticism abounds. Egyptian student Dany Rashwan, studying computer engineering at the University of Florida, initially felt optimistic but quickly recalled how unpredictable policies during the pandemic affected foreign students. “Graduating this semester, it was really difficult to find a job,” Rashwan noted. Out of 200 companies at a career fair, only three offered sponsorship for international students. Similarly, Haomin Huang, a forestry master’s student at the University of Georgia, expressed frustration with the current visa lottery system, which he described as luck-based. He noted that many graduates leave the U.S. for countries with more straightforward immigration pathways. “Because of the immigration policy, they chose to leave,” Huang said.

Universities See Potential for Collaboration

University leaders view Trump’s proposal as an opportunity to address longstanding challenges. Raj Echambadi, president of the Illinois Institute of Technology and co-chair of the Presidents’ Alliance on Higher Education and Immigration, recounted his own struggles as an international student. “From an institutional point of view, I would hope that this green card promise comes through,” he said. Echambadi suggested starting with a narrower pilot program for disciplines critical to national security and economic development, which could still have a substantial impact.

Sarah Spreitzer, vice president of government relations for the American Council on Education, noted that the proposal echoed efforts during Trump’s first term to attract high-skilled immigrants. While those initiatives did not materialize into legislation, Spreitzer found the renewed focus encouraging. “I think it’s an area that we can collaborate with the administration on,” she said.

Criticism from All Sides

Trump’s idea faced immediate backlash from critics, including those who typically support his immigration policies. Mark Krikorian of the Center for Immigration Studies argued it could lead to exploitation and harm American workers. “It would turn every university (and community college!) into a citizenship-selling machine,” he wrote in National Review.

Institute of International Education CEO Allan Goodman also raised concerns, suggesting the policy could exacerbate brain drain in students’ home countries. “The dream that encourages them to study abroad is to improve their countries…automatically issuing very tempting green cards…could upset this dynamic,” Goodman argued in Times Higher Education.

Challenges in Congress and Alternative Approaches

Even if Trump champions this initiative, he would require Congressional support to amend the Immigration and Nationality Act. Krikorian predicted significant resistance. “There will be enormous pushback within Congress, even among his own supporters,” he said. Instead, he proposed reallocating visas from family-based categories to skilled workers or eliminating the diversity visa lottery.

Despite the hurdles, some remain cautiously optimistic. Huang speculated that Trump’s alliance with Elon Musk, an advocate for increased legal immigration, could influence reform. “He might be the one who pushes this,” Huang said.

For now, international students like Foyet remain watchful. “We know that this is politics…It’s one thing to say it, but another thing when you’re in power. Is it going to be a reality?” she said. The future of Trump’s proposal, like the lives of many international students, hangs in the balance.

Senators Introduce the Reuniting Families Act to Reform US Immigration System

US Senators Mazie K. Hirono of Hawaii and Tammy Duckworth of Illinois have introduced the Reuniting Families Act, a proposed legislation designed to address longstanding issues within the US immigration system. This initiative seeks to promote family unity by reducing immigration backlogs, modernizing processes, and tackling challenges that separate families, including LGBTQ+ couples and children who “age out” of visa eligibility.

A significant component of the proposed legislation is the inclusion of the Filipino Veterans Family Reunification Act, introduced by Senator Hirono. This measure would expedite visa processing for the children of Filipino World War II veterans, an issue close to Hirono’s heart as the only immigrant currently serving in the US Senate. She underscored the urgency of the bill, stating, “We desperately need comprehensive immigration reform, but in the meantime, the Reuniting Families Act is a step in the right direction to help reunite or keep families together as they navigate our immigration system.”

Senator Duckworth, co-sponsoring the legislation, emphasized the outdated and cumbersome nature of the current system. “Our country’s broken immigration system is riddled with unnecessary barriers that have kept families apart for years. This legislation offers commonsense reforms to help end these backlogs and bring families together,” she said.

Key Features of the Reuniting Families Act

The bill introduces several measures to streamline immigration processes and ensure fairness:

  1. Recapturing Unused Visas
  1.  It proposes adding unused visas from previous years to the current annual cap, effectively increasing the number of available visas and reducing backlogs.
  1. Exemption from Visa Caps

Close relatives of US citizens, such as spouses, children under 21, and certain parents of permanent residents, would be exempt from annual visa limits.

  1. Increased Per-Country Caps

Countries with high visa demand, such as India, China, Mexico, and the Philippines, would benefit from higher per-country limits, ensuring more equitable access to visas.

  1. LGBTQ+ Family Protections

The legislation ensures equal treatment for same-sex couples, addressing a critical gap in the current system.

  1. Preventing Children from Aging Out

Children who turn 21 while waiting for visa approval would retain their eligibility, preventing families from being separated.

  1. Eliminating Mandatory Home-Country Requirements

Discretionary waivers would allow applicants to avoid mandatory return-to-home requirements in certain cases.

  1. Streamlined Deportation Relief

The process for canceling deportation for those experiencing extreme family hardship would be simplified.

Support from Advocacy Groups

The bill has received backing from numerous advocacy organizations that champion immigrant rights and family reunification. Groups such as Asian Americans Advancing Justice, the Immigrant Legal Resource Center, and the Sikh American Legal Defense and Education Fund (SALDEF) have voiced their support.

Todd Schulte, president of FWD.us, highlighted the need for urgent reform, stating, “Families should not have to be stuck in decades-long backlogs due to our outdated immigration system. This bill offers smart and moral policies to modernize our family-based immigration system.”

Gregg Orton, representing the National Council of Asian Pacific Americans (NCAPA), also praised the bill’s vision, saying, “This bill would strengthen the family-based immigration system and bring us one step closer to creating a fair system that facilitates family reunification.”

Angelica Salas, Executive Director of the Coalition for Humane Immigrant Rights (CHIRLA), underscored the emotional and social significance of the legislation: “It is about keeping families together and ensuring thousands have the opportunity to join their loved ones in the United States.”

A Bipartisan Approach to Reform

The Reuniting Families Act reflects ongoing bipartisan efforts to address the challenges of the US immigration system. Representative Judy Chu of California introduced companion legislation in the House of Representatives last year, underscoring widespread agreement on the need for reform.

Senator Hirono emphasized the overarching goal of the initiative: “Families belong together. This bill is a vision for a better immigration system.”

Advocates believe the proposed changes could help rectify systemic inequities and reduce the delays that have plagued the system for years. The bill not only addresses administrative inefficiencies but also aligns with the broader goal of promoting fairness and humanity within US immigration policies.

By modernizing the family-based immigration process, the Reuniting Families Act aims to reunite loved ones, provide equal treatment for LGBTQ+ couples, and ensure children are not penalized by arbitrary age limits. If enacted, it could be a vital step toward creating a more equitable and compassionate immigration system.

Court Ruling Clears Way for Deportation Flights at Seattle Airport, Boosting Trump’s Immigration Agenda

The 9th Circuit Court of Appeals has ruled in favor of the U.S. Immigration and Customs Enforcement (ICE), allowing the agency to continue using King County International Airport, also known as Boeing Field, for chartered deportation flights. The decision overturns a 2019 local executive order by King County, Washington, which had sought to block deportations from the airport in opposition to former President Donald Trump’s immigration policies.

The court found that the local order violated federal law by discriminating against ICE and impeding federal operations. The 2019 order had forced ICE to reroute its deportation flights to Yakima, Washington—a significantly longer distance from ICE’s Northwest detention center. The logistical shift caused operational challenges and heightened costs. The court’s ruling restores ICE’s ability to use Boeing Field for its operations, a development seen as a victory for President-elect Donald Trump, who has pledged to resume robust deportation efforts upon returning to office.

In the decision issued on November 30, Judge Daniel A. Bress highlighted the discriminatory nature of King County’s order, stating, “This is not a situation in which King County officials are being conscripted into carrying out federal immigration laws on the federal government’s behalf.” Instead, he explained, the United States was merely asking the county to cease its prohibition, which unfairly restricted private parties from supporting federal immigration efforts.

The ruling stemmed from a lawsuit filed by the federal government in 2020, alleging that King County’s actions violated a World War II-era contract ensuring the federal government’s right to use the airport. Additionally, the government accused the county of unfairly targeting ICE through its restrictions.

The court also noted the significant operational burdens created by the relocation of deportation flights to Yakima. “The relocation increased operational costs due to the greater distance from ICE detention facilities to the airport. It also led to increased security concerns,” the ruling stated. These complications underscored the need for the federal government to regain access to Boeing Field, which is located just minutes from the detention center.

As part of the resolution, the new order mandates increased transparency regarding deportation flights. Measures include the provision of a conference room at the airport where the public can observe deportation flights through a video feed. Additionally, King County will maintain a publicly accessible log of all deportation flights from the airport on its website. These measures aim to address concerns raised by local officials and advocacy groups about secrecy surrounding deportation operations.

The court’s decision aligns with President-elect Trump’s campaign promise to prioritize immigration enforcement from the outset of his second term. His selection of Tom Homan, former acting director of ICE, as his “border czar” has reinforced these intentions. Homan has been vocal about his commitment to enforcing immigration laws, recently stating, “If you don’t want to work with us, then get the hell out all the way. We’re going to do it.”

Trump’s renewed focus on deportation efforts has reignited opposition from Democratic leaders in various states and cities. Local officials in predominantly blue areas have reiterated their resistance to cooperating with federal immigration enforcement. Denver Mayor Mike Johnston has taken a particularly defiant stance, asserting his willingness to face legal consequences in opposition to Trump’s plans. “I am prepared to go to jail,” Johnston declared, emphasizing his commitment to protecting immigrant communities.

Similarly, Illinois Governor JB Pritzker has promised to maintain the state’s sanctuary policies, directly challenging the incoming administration. “If you come for my people, you come through me,” Pritzker said, signaling his firm stance against federal deportation initiatives.

Arizona Governor Katie Hobbs echoed these sentiments, labeling Trump’s immigration plans as “misguided.” She vowed that her state would not participate in policies that she believes harm or terrorize communities. “What I will unequivocally say is that, as governor, I will not tolerate efforts that are part of misguided policies that harm our communities,” Hobbs stated, making clear her opposition to the deportation agenda.

Massachusetts Governor Maura Healey also joined the chorus of dissent, emphasizing that her state police force would not support federal deportation operations. “Massachusetts state police will absolutely not help the Trump administration’s planned deportations,” Healey insisted, underscoring the state’s commitment to protecting its immigrant residents.

While the court ruling represents a significant legal and logistical victory for ICE and the incoming Trump administration, it also highlights the ongoing tension between federal immigration enforcement and local governments. Trump’s campaign rhetoric and policy proposals have drawn sharp criticism from Democratic leaders, many of whom have pledged to resist his deportation agenda through legislative and executive measures.

As the political landscape becomes increasingly polarized over immigration, the 9th Circuit’s decision is expected to serve as a key precedent for similar disputes nationwide. For now, ICE has regained access to Boeing Field, providing the agency with a critical logistical advantage as the new administration prepares to implement its immigration priorities.

Demand for H-2B Visas Rises as U.S. Employers Struggle to Fill Temporary Jobs

The demand for foreign workers under the H-2B visa program continues to grow in the United States. This program allows U.S. employers to bring foreign nationals into the country for temporary nonagricultural work, provided they meet specific regulatory conditions. Congress has capped the annual H-2B visa quota at 66,000, divided equally between two halves of the fiscal year.

To address increasing needs, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have allocated an additional 64,716 H-2B visas for fiscal year 2025. This supplemental provision is intended to help U.S. businesses facing challenges in finding domestic workers for short-term roles in industries such as hospitality, landscaping, seafood processing, and tourism.

Under the existing framework, the H-2B program permits employers to hire foreign nationals temporarily for nonagricultural labor. The work must be for a limited period, with the employer demonstrating a specific type of temporary need. These needs include one-time occurrences, peak load requirements, seasonal demands, or intermittent workloads.

Of the 66,000 H-2B visas allocated annually, 33,000 are for positions starting between October 1 and March 31, and the other half for jobs beginning from April 1 to September 30. The new supplemental visas are in addition to these congressionally mandated numbers.

According to DHS and DOL, the supplemental allocation for fiscal year 2025 follows a trend of providing extra H-2B visas in previous years, including fiscal years 2017 through 2024. This measure has been taken under temporary statutory authority granted by Congress for each respective fiscal year.

For the 2025 allocation, approximately 44,700 of the supplemental visas are designated for returning workers who either held H-2B status or received H-2B visas in fiscal years 2022, 2023, or 2024. These returning workers are eligible regardless of their nationality. The remaining 20,000 visas are specifically reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. Unlike the returning worker provision, these visas are available to eligible nationals regardless of whether they previously held H-2B status.

Employers intending to hire foreign workers under the supplemental H-2B cap must certify that their businesses will suffer irreparable harm without the additional workforce. Furthermore, employers are required to test the U.S. labor market thoroughly to ensure that no qualified domestic workers are available to fill the temporary roles.

This process includes obtaining certification from the Department of Labor, which confirms that there are insufficient U.S. workers who are able, willing, qualified, and available for the temporary jobs. Additionally, the certification must prove that hiring foreign workers will not adversely affect the wages or working conditions of similarly employed U.S. workers.

The H-2B visa program has specific limitations regarding the duration of stay. Foreign workers can hold H-2B nonimmigrant status for a maximum of three years. After completing this period, they must leave the United States and remain outside the country for at least three uninterrupted months before applying for readmission under the H-2B classification.

This visa program, while beneficial for U.S. employers facing workforce shortages, also underscores the complexity of balancing domestic labor needs with temporary foreign employment. As the fiscal year progresses, the impact of these additional 64,716 H-2B visas will be closely monitored, particularly in industries heavily reliant on seasonal and temporary workers.

“Employers must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work,” stated a DHS spokesperson. This condition, alongside ensuring no adverse effects on domestic wages and working conditions, remains a cornerstone of the program’s regulatory framework.

With the supplemental allocation now in place, the H-2B program aims to address critical labor shortages while maintaining protections for U.S. workers.

UK Records 20% Drop in Immigration as Labour Pledges Stricter Controls

The United Kingdom has experienced a 20% reduction in long-term net immigration, according to provisional estimates from the Office for National Statistics (ONS). The figures indicate a decline from 906,000 immigrants in the year ending June 2023 to 728,000 in June 2024. Despite this decrease, British Prime Minister Keir Starmer has expressed dissatisfaction with the previous high immigration numbers and has promised tighter immigration policies.

Indians have emerged as the largest group of non-EU migrants, leading in both work and study visa categories. The ONS reported that 240,000 Indians migrated to the UK for long-term stays as of June 2024, surpassing all other nationalities in these categories.

Starmer criticized the Conservative Party for its immigration policies, which he described as an “open borders experiment.” He attributed the surge in immigration to what he labeled a legacy of policy failures under the previous government. “Time and again the Conservative Party promised they would get the numbers down. Time and again they failed. This isn’t just bad luck or a global trend—it’s a different order of failure. This happened by design, not accident,” Starmer said, highlighting his dissatisfaction with the Conservatives’ handling of immigration.

While former Conservative ministers pointed to the 20% drop in migration as evidence of their efforts, the overall scale of the figures remains a concern. Former Home Secretary Suella Braverman defended her record, stating, “A 20 per cent drop in immigration since June 2023 is a result of the changes I fought for and introduced in May 2023.” However, Opposition Leader Kemi Badenoch acknowledged past errors, admitting, “It is right that I accept responsibility and say truthfully we got it wrong. Under my leadership, we will tighten access to British passports and have zero tolerance for foreign criminals staying in the UK.”

Indians Dominate Migration Statistics

The ONS data highlighted that Indians have maintained their position as the largest group of non-EU migrants. They led in both work-related and study-related visa categories, with 116,000 Indians obtaining work visas and 127,000 granted study visas in the year ending June 2024. Indian students have historically favored the UK for higher education, particularly at the master’s level. In the latest year, 81% of Indian students who were granted visas pursued postgraduate studies.

A significant factor contributing to the increase in student migration is the Graduate Route visa introduced in 2021. This visa allows international students to remain in the UK for up to two years after completing their studies, with PhD graduates permitted to stay for three years. The programme has been particularly beneficial for Indian graduates, enabling them to gain work experience while helping UK universities recover from financial losses and expand their research capabilities.

The ONS also noted differences in migration patterns across nationalities. Indians, along with Nigerians and Zimbabweans, had low proportions of “early leavers,” or individuals who leave the UK before completing a 12-month stay. In contrast, Chinese students showed higher rates of early departures, a trend that distinguishes them from other groups.

Labour Government’s Approach to Immigration

Starmer has outlined his vision for reducing immigration levels significantly, emphasizing the need to address the underlying drivers of migration rather than imposing arbitrary caps. “I want to see immigration come down significantly. That means bearing down on the influences that have driven it up this high,” he said. Labour’s plans aim to reduce dependency on overseas workers while ensuring fairness in the system.

As part of the crackdown, Minister for Migration and Citizenship Seema Malhotra announced tougher penalties for employers found violating visa rules. “We committed in our manifesto to ensure those who abuse our immigration system face the strongest possible consequences,” Malhotra said. Under new regulations, employers breaching visa rules will face sanctions lasting at least two years and will be required to bear all associated costs for hiring foreign workers.

Conservative Legacy and Labour’s Promises

Despite the drop in immigration numbers, the Labour government remains critical of the previous administration’s track record. Starmer’s government is prioritizing reforms aimed at reducing record migration levels while maintaining a balance between control and fairness. The introduction of stricter measures, coupled with efforts to prevent visa abuse, reflects the new administration’s commitment to addressing public concerns over immigration.

Former Conservative ministers, however, continue to defend their legacy. Braverman emphasized the impact of the policies she introduced, while Badenoch took a more conciliatory tone by acknowledging the need for improvement under her leadership. “Under my leadership, we will tighten access to British passports and have zero tolerance for foreign criminals staying in the UK,” she affirmed.

The debate over immigration remains a contentious issue in British politics, with Labour and the Conservatives presenting contrasting approaches to managing migration while addressing economic and social challenges. As Starmer’s government moves forward with its proposed changes, the focus will likely remain on ensuring that immigration policies align with the UK’s broader goals and public expectations.

Dubai Tightens Visa Rules for Indian Tourists: Additional Documents Now Required

Dubai, a top tourist destination known for its luxury shopping, striking architecture, and vibrant nightlife, has introduced new visa regulations that are set to impact Indian visitors. According to a report by the Times of India (TOI), Indian tourists planning to stay with relatives in the city must now submit several additional documents as part of their visa application process.

The new requirements include providing the host’s rental agreement, Emirates ID, residence visa copy, and contact details. These regulations aim to ensure thorough documentation for those opting to stay with family or friends instead of booking hotels. For tourists planning to stay in hotels, proof of booking and details of a return ticket are mandatory.

Dubai, the most populous city in the United Arab Emirates (UAE), is a favorite among Indian tourists, many of whom visit during the Dubai Shopping Festival or to explore its famous attractions like the Burj Khalifa and Palm Jumeirah. However, the high cost of hotel accommodation often prompts visitors to stay with relatives. Hotel prices in Dubai can range from ₹20,000 to ₹1 lakh per night, making alternative accommodations an appealing option.

“This new rule could definitely prove to be a deterrent, particularly during the peak travel season,” stated Nikhil Thakurdas, director of Odyssey Tours and Travels, in an interview with TOI. He highlighted that the additional documentation for staying with relatives could discourage some travelers.

While acknowledging that proof of hotel bookings and return tickets is reasonable, Thakurdas expressed concerns over the complexities of providing documents for family stays. “It’s quite awkward to ask relatives for documents like rental agreements and residence proofs. This might force some travelers to opt for hotel stays instead,” he added.

The timing of this regulatory change is particularly significant, as it coincides with the upcoming Dubai Shopping Festival, a major event that draws visitors from around the globe, including a large number from India. Scheduled to run from December 8, 2024, to January 14, 2025, the festival sees hotel rooms priced at a premium due to the high demand.

Further complicating the situation, travelers opting for hotel stays must also meet additional financial and documentation criteria. Zelam Chaubal, director of Kesari Tours, noted that tourists are now required tosubmit the last three months’ bank statements with a minimum balance of ₹50,000, a PAN card copy, and proof of their hotel booking.

The stricter visa rules could influence travel plans for many Indian tourists, especially those hoping to save on accommodation costs by staying with relatives. The move might also boost hotel bookings, given the challenges involved in meeting the requirements for family stays.

As Dubai gears up for its peak tourist season, the new visa regulations may have a notable impact on visitor numbers and travel preferences, potentially reshaping how Indian tourists plan their visits to the bustling city.

DHS and DOL Issue Temporary Rule to Allocate 64,716 Additional H-2B Visas for FY 2025

The U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) have introduced a temporary final rule (TFR) for the fiscal year (FY) 2025, which will provide 64,716 additional H-2B temporary nonagricultural worker visas. These supplementary visas are designed to assist U.S. employers struggling to find qualified domestic workers for seasonal or temporary positions in industries such as hospitality, tourism, landscaping, seafood processing, and other sectors reliant on nonagricultural labor.

The decision to allocate these visas follows previous years’ allocations under similar temporary rules, issued by DHS in coordination with DOL. These provisions were granted for fiscal years 2017 through 2024, based on the time-limited statutory authority granted by Congress for each fiscal year.

As Secretary of Homeland Security Alejandro N. Mayorkas explained, “There are employers across the country that would suffer greatly without H-2B workers. Authorizing these supplemental visas helps U.S. employers fill those positions. It helps fuel our economy and reduce irregular migration while also providing a safe and lawful pathway to the United States for noncitizens who are prepared to work.”

The allocation of the supplemental visas for FY 2025 is split into distinct categories aimed at addressing the needs of various employers across the country. A total of about 44,700 visas will be made available to returning workers who were granted an H-2B visa or held H-2B status during the fiscal years 2022, 2023, or 2024. These workers are eligible regardless of their country of nationality. Meanwhile, an additional 20,000 visas are specifically reserved for nationals of seven countries: Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, who may be first-time or returning workers.

The distribution of the 64,716 visas is as follows:

  1. First Half of FY 2025 (October 1, 2024, to March 31, 2025): 20,716 visas will be available exclusively to returning workers from the 2022, 2023, or 2024 visa years. Employers submitting petitions during this period must request employment start dates on or before March 31, 2025.
  2. Early Second Half of FY 2025 (April 1, 2025, to May 14, 2025): A further 19,000 visas will be allotted, again limited to returning workers from the previous three fiscal years. These petitions must request start dates from April 1, 2025, to May 14, 2025.
  3. Late Second Half of FY 2025 (May 15, 2025, to September 30, 2025): 5,000 visas will be available to returning workers. The employment start dates for these petitions must fall between May 15, 2025, and September 30, 2025.
  4. Entirety of FY 2025: The remaining 20,000 visas will be set aside for nationals of the seven countries mentioned earlier, regardless of whether the workers are returning from previous years. Employers seeking H-2B workers during the first half of FY 2025 may file their petitions immediately after the publication of this TFR, while those requesting workers for the second half must wait until 15 days after the statutory cap for that period is reached.

To obtain these supplemental H-2B visas, employers must demonstrate that they are facing a potential for irreparable harm without the ability to employ the number of H-2B workers requested. As part of the application process, employers must also attest to the absence of available, willing, qualified, and ready U.S. workers for the positions in question. In addition, they must prove that hiring foreign workers will not negatively affect the wages and working conditions of U.S. workers.

Furthermore, protections for H-2B workers are a key part of this rule. DHS has outlined several provisions designed to prevent the exploitation and abuse of these workers. For example, employers who have violated labor laws in the past will face additional scrutiny during the petition process. This heightened review aims to ensure that employers comply with the program’s requirements and fulfill their obligations to the workers they hire.

On September 20, 2023, DHS published a notice of proposed rulemaking that seeks to modernize and improve both the H-2B and H-2A programs, with the intention of offering greater flexibility and enhanced protections for the workers involved.

The H-2B program, which has been in place for many years, allows employers in the U.S. to temporarily hire noncitizens to perform nonagricultural labor or services. To qualify for an H-2B worker, the employment must be for a temporary need—whether due to a one-time occurrence, peak load, seasonal need, or intermittent demand. The petitioner must show that their need for labor is temporary in nature, and that they have attempted to hire U.S. workers without success.

By issuing this temporary final rule, DHS and DOL aim to help meet the demand for temporary workers in essential industries, while also maintaining protections for both U.S. workers and foreign nationals. Secretary Mayorkas emphasized the economic importance of this allocation: “It helps fuel our economy and reduce irregular migration while also providing a safe and lawful pathway to the United States for noncitizens who are prepared to work.”

Employers hoping to hire H-2B workers under the FY 2025 supplemental cap must comply with these legal requirements, which include proving the unavailability of qualified U.S. workers and submitting the necessary attestations and certifications from DOL. These steps are crucial to ensuring that the H-2B program remains a viable option for employers who need to meet temporary labor needs while safeguarding the interests of domestic workers and foreign nationals alike.

In addition to the labor protections, DHS has committed to enforcing compliance with the regulations. The department will subject employers with past violations of labor laws in the H-2B program to stricter oversight to ensure that they meet all legal obligations related to wages, working conditions, and treatment of workers. These measures are part of a broader effort to strengthen worker protections under the H-2B program.

This temporary rule is part of the ongoing efforts by the U.S. government to manage temporary foreign labor in a way that supports economic growth, addresses labor shortages, and prevents abuse. While these supplemental visas are temporary, their impact on the U.S. economy and workforce is significant, offering employers the flexibility they need to address staffing shortages in critical industries.

Through these actions, the DHS and DOL aim to balance the needs of U.S. employers with the protection of workers, both domestic and foreign, ensuring that the H-2B program serves its intended purpose while maintaining a fair and lawful approach to temporary immigration.

US Passport Book vs. Passport Card: Choosing the Right Travel Document

For those new to travel documents, understanding the differences between a US passport book and a passport card can be perplexing. While both serve as official proof of US citizenship, their applications and advantages differ based on your travel preferences. Here’s a detailed guide to help you decide which one suits your needs—or whether having both is the best option.

The US Passport Book

The US passport book is the quintessential travel document most people associate with the term “passport.” This compact booklet, filled with pages for visas and stamps, is indispensable for international travel, whether by air, land, or sea. It’s the go-to choice for travelers flying to Europe, cruising the Caribbean, or embarking on adventures in Asia.

Beyond its role in global travel, the passport book serves as a versatile form of identification. Accepted worldwide, it can act as a reliable backup in situations where a driver’s license or state ID isn’t available. This universal acceptance makes it an essential item for anyone planning journeys outside the United States.

The US Passport Card

For those who don’t require extensive travel capabilities, the passport card is a compact, wallet-sized alternative. Its use is limited to specific travel scenarios, allowing reentry into the US from Canada, Mexico, Bermuda, and the Caribbean—provided the travel is by land or sea. For instance, it’s perfect for road trips to Canada or ferry rides from Mexico.

However, the passport card cannot be used for international air travel. If flying overseas is part of your itinerary, the card won’t suffice. That said, it serves as a handy backup ID domestically and is especially practical for frequent cross-border travelers who prefer not to carry their passport book.

Making the Choice

Choosing between the passport book and card largely depends on your travel habits. For international flights, the passport book is a necessity. Conversely, for those who primarily travel to neighboring countries or seek a portable ID for everyday situations, the passport card is a practical solution.

Cost is another consideration. The passport card is significantly more affordable, costing $30 for first-time adult applicants (plus a $35 application fee). In contrast, a passport book costs $130. Renewal fees are even lower, making the card an appealing supplemental option for budget-conscious travelers.

Why Opt for Both?

For frequent travelers, having both the passport book and card can be a strategic choice. If you often fly internationally and also make regular trips to Canada, Mexico, or the Caribbean by land or sea, both documents offer unique benefits. The card’s wallet-friendly size makes it convenient for regional trips, while the book can be reserved for air travel or distant destinations.

Moreover, owning both provides a safety net. Losing or damaging a passport book during domestic travel or close to US borders can be stressful, but the card can serve as proof of citizenship and identification in such situations. Similarly, if the card is forgotten or misplaced, the book can step in.

The Key Takeaway

The US passport book is an all-encompassing travel document, ideal for globetrotters and those venturing beyond neighboring countries. Meanwhile, the passport card offers a cost-effective, lightweight solution for regional travel and everyday ID needs. Whether you choose one or both depends on your destinations and travel habits. For those seeking peace of mind and flexibility, having both can be a smart investment.

As the State Department advises, “Your choice should align with your travel goals and lifestyle.”

Deportation of Indian Nationals from the US Rises Amid Changing Migration Patterns

In October, a chartered flight organized by the US Immigration and Customs Enforcement (ICE) returned a group of Indian nationals to their home country, reflecting a growing trend in deportations to India. This flight was one of many large-scale “removal flights” conducted this year, each typically carrying over 100 passengers. These individuals were returned for failing to establish legal grounds to remain in the United States.

According to officials, the recent flight, which transported adult men and women, was directed to Punjab, a region close to the origins of many deportees. However, authorities did not provide a detailed breakdown of their hometowns.

In the US fiscal year 2024, which concluded in September, over 1,000 Indian nationals were deported via charter and commercial flights, noted Royce Bernstein Murray, assistant secretary at the US Department of Homeland Security. “That has been part of a steady increase in removals from the US of Indian nationals over the past few years, which corresponds with a general increase in encounters that we have seen with Indian nationals in the last few years as well,” Murray stated during a media briefing. Encounters refer to instances where non-citizens are stopped by US authorities while attempting to cross the country’s borders with Mexico or Canada.

As the US increases repatriations of Indian nationals, there is growing concern about how President-elect Donald Trump’s immigration policies will impact these trends. Trump has pledged to undertake the largest deportation campaign in US history, raising alarm among migrant communities.

Since October 2020, nearly 170,000 Indian migrants have been apprehended by US Customs and Border Protection (CBP) officials for unauthorized crossings at both the northern and southern borders. “Though smaller than the numbers from Latin America and the Caribbean, Indian nationals represent the largest group of migrants from outside the Western Hemisphere encountered by the CBP in the past four years,” noted immigration analysts Gil Guerra and Sneha Puri from the Washington-based Niskanen Center.

As of 2022, approximately 725,000 undocumented Indian immigrants resided in the US, ranking them as the third-largest group of unauthorized migrants after individuals from Mexico and El Salvador, according to data from the Pew Research Center. Overall, unauthorized immigrants constitute about 3% of the US population and 22% of its foreign-born residents.

Analyzing these figures, Guerra and Puri have identified significant trends in the increasing number of Indian nationals attempting illegal border crossings.

One notable observation is that these migrants are not from the lowest economic strata. However, many face challenges in obtaining tourist or student visas to the US, often due to limited education or English proficiency. As an alternative, they rely on agencies that charge up to $100,000 for arranging migration through lengthy and perilous routes designed to bypass border controls. To afford these exorbitant costs, many migrants sell their farms or take on loans. Data from US immigration courts in 2024 shows that most Indian migrants are men aged 18 to 34.

Another trend involves the growing use of Canada as an entry point. Canada offers a shorter visitor visa processing time of 76 days compared to the US, where visa approvals can take up to a year. The Swanton Sector, which includes parts of Vermont, New York, and New Hampshire, has seen a surge in encounters with Indian nationals this year, peaking at 2,715 in June.

Historically, most irregular Indian migrants entered the US via the southern border with Mexico, often traveling through countries like El Salvador or Nicaragua. Until November 2022, Indian nationals enjoyed visa-free travel to El Salvador, which facilitated these routes. However, the northern border’s greater length and less intensive surveillance have made it increasingly attractive, despite potential dangers. “The US-Canada border is also longer and less guarded than the US-Mexico border. And while it is not necessarily safer, criminal groups do not have the same presence there as they do along the route from South and Central America,” Guerra and Puri explained.

Much of this migration originates from Punjab, a state in northern India, and neighboring Haryana, both of which have a history of high migration rates. Gujarat, the home state of Indian Prime Minister Narendra Modi, is another notable source. Economic challenges such as unemployment, agricultural distress, and a growing drug crisis have driven many Punjabis to seek opportunities abroad. Migration has become an established tradition in Punjab, with rural youth eager to move overseas in search of better prospects.

A recent study conducted by Navjot Kaur, Gaganpreet Kaur, and Lavjit Kaur in Punjab revealed that 56% of the 120 respondents emigrated between the ages of 18 and 28, often after completing secondary education. Many financed their journeys with non-institutional loans, with the expectation of sending remittances back to their families.

In addition to economic factors, rising tensions over the Khalistan separatist movement—which seeks an independent Sikh homeland—have contributed to migration. “This has caused fear from some Sikhs in India about being unfairly targeted by authorities or politicians. These fears may also provide a credible basis for claims of persecution that allows them to seek asylum, whether or not true,” Puri said.

Determining the exact causes of migration remains complex. While economic opportunity remains the primary driver, social networks and a sense of pride in having family members “settled” in the US also play a significant role, Puri observed.

Another emerging pattern is a demographic shift among migrants. While single adults constituted the majority of those detained at the borders in 2021, family units now make up 16-18% of detentions. This shift has sometimes led to tragic outcomes. In January 2022, an Indian family of four from Gujarat froze to death just 12 meters from the Canadian border while attempting to enter the US.

Pablo Bose, a migration scholar at the University of Vermont, highlighted the economic pull of US cities. “From everything I know and interviews I have conducted, most of the Indians are not staying in the more rural locations like Vermont or upstate New York but rather heading to the cities as soon as they can,” Bose explained. In urban areas like New York and Boston, migrants often find work in informal sectors such as domestic labor and restaurants.

The situation may soon become more challenging. Veteran immigration official Tom Homan, who will oversee the country’s borders under Trump’s administration, has identified the US-Canada border as a priority area due to illegal migration concerns. Homan described it as a “huge national security issue.”

The future remains uncertain. “It remains to be seen if Canada would impose similar policies to prevent people migrating into the US from its borders. If that happens, we can expect a decline in detentions of Indian nationals at the border,” Puri noted.

Despite the tightening restrictions, the aspirations of thousands of Indians seeking a better life in the US persist. For many, the journey may become more perilous, but their dreams remain undeterred.

Indian IT Engineer’s Dilemma Highlights Growing Trend of Citizenship Renunciation

A 23-year-old Indian IT professional earning approximately ₹1 lakh per month has sparked an online discussion about his career and life choices. Sharing his feelings of inferiority on Reddit, he expressed concerns about being left behind as many of his friends pursue higher education abroad. His post ignited debates on whether remaining in India offers better prospects compared to settling overseas.

The situation mirrors a larger trend of Indians renouncing their citizenship in favor of opportunities abroad. Data from the Ministry of External Affairs (MEA) reveals that between 2011 and June 2023, 1.75 million Indians voluntarily surrendered their passports. This exodus spans countries ranging from Antigua & Barbuda, Brazil, and Iceland to global powerhouses like the United States, the United Kingdom, and Germany, amounting to emigration across 135 nations.

Currently, India does not permit dual citizenship. Article 9 of the Constitution of India, along with Section 9 of the Citizenship Act, 1955, explicitly prohibits dual nationality. As a result, Indians choosing to acquire foreign citizenship must relinquish their Indian passports.

The trend of citizenship renunciation has witnessed a consistent rise in recent years. According to MEA statistics, 1,22,819 individuals surrendered their citizenship in 2011, a number that fluctuated in subsequent years but has generally grown. In 2021, the figure reached 1,63,370 and surged to 2,25,620 in 2022, marking the highest on record. By June 2023, an additional 87,026 individuals had followed suit, underscoring the ongoing appeal of foreign citizenship.

The data also highlights the countries attracting the most Indian emigrants in 2022. The United States topped the list, with 71,991 Indians opting for U.S. citizenship. Other preferred destinations included Canada (60,139), Australia (40,377), and the United Kingdom (21,457). Smaller numbers were recorded for nations like New Zealand (7,911), Italy (3,839), Germany (3,179), and Sweden (1,970).

Interestingly, while citizenship renunciation continues to rise, the Henley Private Wealth Migration Report 2023 indicates a decline in the number of Indian millionaires emigrating. India, previously ranked second in wealth exodus, dropped to third place after the United Kingdom, with 4,300 millionaires expected to leave the country in 2024. This suggests a shift in the profile of emigrants, with wealthier individuals showing a relative decrease in migration rates.

Beyond the wealth exodus, India has long been a significant contributor to the global workforce. According to MEA estimates, approximately 13 million Indian nationals currently live abroad. This group includes a diverse mix of laborers, professionals, and skilled experts. For many, foreign citizenship offers practical advantages, such as easier travel, job opportunities, or better social security systems. Notably, Indian law imposes no restrictions on citizens traveling abroad for employment. Consequently, many choose to settle in their host countries, acquiring foreign citizenship for personal convenience.

The top five destinations for Indian workers abroad are predominantly Gulf nations. The United Arab Emirates leads with 35.54 lakh Indian workers, followed by Saudi Arabia (22.19 lakh), Kuwait (8.29 lakh), Qatar (8 lakh), and Oman (5.3 lakh). These countries collectively host millions of Indian laborers, highlighting the economic linkages between India and the Gulf region.

To address the needs of the Indian diaspora, the Overseas Citizenship of India (OCI) scheme was introduced in August 2005 through an amendment to the Citizenship Act, 1955. While OCI status is not equivalent to dual citizenship, it offers several benefits to persons of Indian origin. Eligible individuals include those who were Indian citizens as of January 26, 1950, or were entitled to citizenship on that date.

OCI cardholders enjoy numerous privileges, such as a lifetime, multi-entry visa for visiting India. They are also exempt from registering with the Foreign Regional Registration Office or Foreign Registration Office, regardless of the length of their stay. Additionally, they have general parity with Non-Resident Indians (NRIs) in economic, financial, and educational opportunities.

However, OCI status comes with limitations. It does not confer political rights or grant the privileges enjoyed by Indian citizens under Article 16 of the Constitution. Despite these restrictions, the scheme has gained popularity. As of January 31, 2022, approximately 40.68 lakh OCI cards had been issued, reflecting the strong connection many emigrants maintain with their homeland.

The story of the young IT engineer grappling with his future reflects the broader aspirations and challenges faced by many Indians. As globalization continues to shape career opportunities and personal choices, the debate over staying in India versus settling abroad remains a poignant topic for the nation’s youth.

Foreign-Born Scientists Face Uncertainty Amid U.S. Visa Policy Changes

Foreign-born workers constitute approximately half of the doctoral-level scientists and engineers in the United States. Many of these professionals initially come to the U.S. under H-1B visas, which are granted to up to 85,000 highly skilled individuals annually. These visas allow recipients to work in the U.S. for a period of up to six years. However, policy changes under the Trump administration have raised concerns about the future of this critical workforce.

The incoming Trump administration has signaled its intention to tighten regulations around H-1B visas. Such restrictions could make it more difficult for U.S. universities, research institutions, and tech companies to recruit highly skilled international talent. Experts warn that the potential consequences might mirror what occurred in the United Kingdom after Brexit, which made it harder for European scientists to work there. Raymundo Báez-Mendoza, a scientist heading a lab at the Leibniz Institute for Primate Research in Göttingen, Germany, highlighted this parallel.

“A lot of countries in Europe benefited from Brexit, in the sense of capturing really amazing scientists that were working in Britain,” Báez-Mendoza observed. He emphasized that in the scientific community, “top talent is very mobile.”

Báez-Mendoza’s own career exemplifies this mobility. Born in Mexico City, he pursued a master’s degree in Tübingen, Germany, a Ph.D. at the University of Cambridge in the U.K., and worked as a postdoctoral researcher at Massachusetts General Hospital and Harvard under an H-1B visa before returning to Germany. His lab now includes scientists from five countries, including the U.S.

During Trump’s presidency, the administration moved quickly to fulfill its promises regarding visa restrictions. In 2017, months after taking office, Trump outlined his intentions during a speech at Snap-on Tools in Kenosha, Wisconsin. Speaking in front of a backdrop of red, white, and blue wrenches, Trump declared, “Widespread abuse in our immigration system is allowing American workers of all backgrounds to be replaced by workers brought in from other countries to fill the same job for sometimes less pay. This will stop.”

H-1B visas were a focal point of his speech, though it was later revealed that Snap-on itself employed workers under this program. Trump subsequently issued executive orders aimed at tightening H-1B visa regulations and, in 2020, suspended new H-1B and other temporary work visas.

The implications of these measures have been far-reaching, leaving a lasting impression on many international scientists. Among them is Leili Mortazavi, a brain scientist from Iran who is currently completing her doctoral studies at Stanford University. Reflecting on her experience, Mortazavi said, “I really like Stanford, people here are great, the resources [are] amazing. But I would have to see what kinds of changes happen under Trump.”

Mortazavi almost lost the opportunity to study at Stanford due to an executive order issued in early 2017, commonly referred to as the “Muslim ban.” This order temporarily closed U.S. borders to individuals holding Iranian passports. Fortunately, Mortazavi obtained a Canadian passport just in time to avoid the ban’s effects. Later, during the COVID-19 pandemic, Trump proposed a policy that could have deported international students attending virtual classes.

“There was talk about asking all the international students to go back home, which was a very, very stressful time,” Mortazavi recalled. “Luckily it didn’t go through, but I still remember that very, very vividly.”

As a new Trump administration looms, Mortazavi remains concerned about her ability to secure a U.S. visa for work. Her apprehension is compounded by the return of Stephen Miller, a key architect of Trump’s immigration policies during his first term. Uncertain about her future in the U.S., Mortazavi is exploring job opportunities abroad.

“University of Toronto has a lot of great labs relevant to my work,” she said. “I also visited Oxford and University College London last summer and would really be interested in working with them.”

During Trump’s first term, several businesses and academic institutions challenged the administration’s visa policies in court. However, in light of the potential for renewed restrictions, many of these entities are now maintaining a low profile. Half a dozen universities and research institutions contacted for comment on the matter either did not respond or declined to make public statements.

Meanwhile, the Trump transition team has not provided information about the president-elect’s plans for H-1B visas, leaving many scientists, engineers, and their employers in a state of uncertainty.

Canada vs. U.S.: Comparing Immigration Systems for Skilled Workers

Canada is globally admired for its efficient and transparent immigration system. Its primary method, the Express Entry program, utilizes a points-based framework to evaluate candidates based on factors such as age, education, work experience, and language proficiency. Those with high scores are invited to apply for permanent residency, making it an appealing option for skilled professionals seeking long-term settlement.

In addition to Express Entry, Canada also operates the Provincial Nominee Program (PNP), which allows provinces to select candidates whose skills align with regional labor market needs. This system provides flexibility, enabling applicants to increase their chances of success by meeting specific provincial requirements.

In contrast, the United States’ immigration process is heavily employer-driven, with the H-1B visa serving as a cornerstone for skilled professionals. Applicants need a job offer from a U.S. employer, who sponsors their visa. This system provides significant opportunities but also comes with limitations. The annual cap on H-1B visas often results in a lottery system due to high demand, creating uncertainty for applicants. Moreover, pathways to permanent residency, or green cards, involve long waiting periods, particularly for individuals from high-demand countries such as India. Annual quotas for employment-based green cards further exacerbate the delays.

Processing Times and Success Rates

Canada’s Express Entry system is designed for speed and efficiency. Most applications are processed within six months, offering a streamlined and predictable process for skilled workers. The transparent points-based system allows applicants to gauge their eligibility and potential success early in the process. For Indian professionals seeking a quicker route to permanent residency, this efficiency is a significant advantage. Canada’s approach aims to address labor market demands and demographic challenges effectively, making it a preferred choice for many.

On the other hand, the U.S. immigration process tends to be more time-consuming. The H-1B visa lottery system can cause delays for qualified applicants, adding an element of unpredictability. Transitioning from a temporary work visa to a green card can take several years, with Indian professionals often facing extensive backlogs. These lengthy processing times may deter skilled workers who prioritize faster access to permanent residency and stability.

Permanent Residency and Citizenship

Canada offers a clear and structured pathway from temporary status to permanent residency and, eventually, citizenship. Skilled workers who obtain permanent residency enjoy benefits such as access to healthcare, social services, and the ability to apply for Canadian citizenship after meeting residency requirements. This straightforward progression encourages integration and long-term settlement, making it an attractive option for professionals aiming to establish themselves permanently.

In the U.S., the journey to permanent residency is more complex. Skilled professionals must navigate a series of legal steps, including employer sponsorship and adherence to annual quotas, to transition from temporary work visas to green cards. Even after obtaining a green card, individuals must fulfill several years of residency requirements before becoming eligible to apply for U.S. citizenship. The length and complexity of this process can be a deciding factor for professionals seeking a quicker and more direct route to citizenship.

Recent Policy Trends

Canada has recently increased its immigration targets to address labor shortages and support economic growth. Measures such as awarding additional points for bilingual proficiency and streamlining processing times aim to attract skilled professionals. However, the government is also considering how to balance the influx of immigrants with the availability of housing and infrastructure, highlighting the need for careful resource management.

In the U.S., immigration policies have experienced significant fluctuations in recent years due to varying political perspectives. While there have been discussions about adopting a merit-based system similar to Canada’s, these proposals face legislative hurdles. The H-1B visa program remains a contentious issue, with debates surrounding the reform of the lottery system and the possibility of increasing visa caps to better meet the economy’s demands. Although the U.S. system offers substantial opportunities, its limitations and uncertainties may influence the decisions of skilled workers.

Conclusion

Indian professionals considering Canada and the U.S. as potential destinations must carefully weigh the differences in immigration pathways, processing times, and the journey to citizenship. Canada’s points-based system offers a transparent and efficient route to permanent residency and citizenship, providing stability and a clear long-term plan. As one Indian professional noted, “The predictability and speed of Canada’s immigration process make it very appealing for someone planning a family or looking for long-term security.”

Conversely, the U.S. system, with its employer-driven approach, may suit individuals with specific career ambitions within U.S.-based companies. However, the reliance on employer sponsorship, coupled with lengthy wait times for permanent residency, may deter some. One applicant described the process as “filled with uncertainty, especially when you’re unsure if your H-1B application will even get picked in the lottery.”

Ultimately, the choice between the two countries depends on personal and professional goals. Assessing qualifications, career aspirations, and long-term plans is essential to selecting the destination that aligns best with an individual’s ambitions.

US Expands H-2B Visa Program with Additional 64,716 Visas for 2025

The U.S. government has announced a significant increase in the number of H-2B temporary nonagricultural worker visas available for the fiscal year 2025. The Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), plans to issue an additional 64,716 H-2B visas, effectively doubling the existing annual cap of 66,000 visas. This move aims to address the demand for seasonal and temporary workers in various industries facing labor shortages.

The H-2B visa program is designed for U.S. employers seeking foreign workers to perform temporary nonagricultural jobs. These roles typically fulfill needs that are seasonal, peak-load, or intermittent. Employers must adhere to strict regulatory requirements, including demonstrating that no qualified U.S. workers are available for the positions, and that hiring foreign workers will not negatively impact wages or working conditions for U.S. employees.

Existing Cap and New Allocation

Under the current framework, Congress sets an annual cap of 66,000 H-2B visas. These are divided equally between the first half of the fiscal year, from October to March, and the second half, from April to September. The newly announced supplemental visas will be distributed in addition to this congressionally mandated cap, bringing relief to businesses in critical industries such as hospitality, landscaping, and seafood processing.

Of the 64,716 supplemental visas, 20,000 are reserved for workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. The remaining 44,716 visas will be allocated to returning workers who held H-2B status during one of the previous three fiscal years. DHS plans to distribute these visas across both halves of the fiscal year, with a specific portion earmarked for the peak summer season, ensuring workforce availability during high-demand periods.

Temporary Worker Visa Requirements

Foreign nationals seeking employment in the U.S. under the H-2B program must obtain the appropriate visa, which requires an approved petition from a prospective employer. This petition, submitted to U.S. Citizenship and Immigration Services (USCIS), is essential for initiating the process.

The H-2B classification allows for a maximum stay of three years, after which workers must leave the U.S. and remain abroad for at least three uninterrupted months before applying again. Employers using this program must secure certification from the DOL confirming that no domestic workers are willing, able, or qualified to perform the specified temporary job.

Historical Context and Recurring Adjustments

This expansion aligns with previous instances where DHS, in coordination with DOL, has authorized supplemental visa caps to meet labor demands. Similar measures were implemented for fiscal years 2017, 2018, 2019, and consecutively from 2021 to 2024, reflecting ongoing reliance on the H-2B program by industries with seasonal labor needs.

“American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand for their goods and services,” the DHS noted in its announcement. These additional visas are critical for addressing gaps where domestic workers are unavailable, ensuring businesses can continue operations and meet market demands.

Planning Ahead for Workforce Needs

To facilitate effective workforce planning, DHS and DOL are releasing the supplemental visa numbers early in the fiscal year, consistent with their approach in recent years. This advanced notice enables employers to strategize and secure the labor required to sustain their operations.

The DHS emphasized its commitment to protecting both American and foreign workers. It stated that the H-2B program ensures “employers first seek out and recruit American workers for the jobs to be filled” and includes safeguards to prevent exploitation of foreign workers. The agencies aim to maintain robust oversight while addressing legitimate labor market demands.

Distribution and Oversight

The supplemental visas for returning workers will be split between the first and second halves of the fiscal year. A designated portion of the second-half allocation is reserved to accommodate the heightened demand for workers during the summer months. The DHS highlighted that this structured distribution ensures a balanced approach to addressing seasonal labor needs throughout the year.

The additional 64,716 visas represent the maximum number allowed under congressional authority and mirror the supplemental allocation provided for fiscal year 2024. Employers are expected to adhere to the same rigorous standards in recruiting domestic workers before turning to foreign labor through the H-2B program.

Conclusion

The expansion of the H-2B visa program underscores the U.S. government’s effort to support industries reliant on temporary and seasonal workers. By increasing the visa cap and implementing safeguards for worker rights, DHS and DOL aim to balance the needs of American businesses with protections for both domestic and foreign labor forces.

USCIS Updates Naturalization Policy to Focus on Initial Admission for Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance to clarify the criteria naturalization applicants must meet regarding their lawful admission for permanent residence. According to the updated USCIS Policy Manual, the obligation to prove lawful admission as a lawful permanent resident (LPR) pertains solely to an applicant’s initial admission or adjustment to LPR status. This change refines the interpretation of eligibility for U.S. citizenship, aligning with recent legal decisions.

Naturalization is the legal process that allows a lawful permanent resident to become a U.S. citizen, provided they satisfy the eligibility requirements set forth by Congress in the Immigration and Nationality Act (INA). To qualify, an individual generally must have held LPR status for at least five years. A core component of this process is demonstrating lawful admission to the United States as an LPR under all relevant immigration laws at the time of their admission or adjustment to this status.

Historically, regulations extended the requirement of lawful admission beyond the initial adjustment, suggesting that applicants might also need to prove compliance with immigration laws during any subsequent reentry to the United States. However, a recent decision by the Fourth Circuit Court of Appeals has prompted USCIS to reconsider this interpretation. The case involved a returning LPR who was treated as an applicant for admission and paroled into the U.S. for removal proceedings, which were ultimately dismissed. The court ruled that this individual continued to meet the “lawfully admitted for permanent residence” requirement for naturalization, challenging USCIS’ broader reading of the regulation.

The court found that USCIS’ previous interpretation imposed an additional requirement for naturalization not explicitly mandated by the statute. By requiring applicants to demonstrate lawful admission during “any subsequent reentry,” the agency effectively expanded the statutory criteria, which focus on the initial admission or adjustment to LPR status. As a result, the court directed a narrower interpretation, limiting the lawful admission requirement to the initial admission or adjustment process.

In response, USCIS is revising its policy to align with the court’s ruling. The updated guidance specifies that in determining whether a naturalization applicant satisfies the lawful admission requirement, the agency will only consider the applicant’s initial admission as a lawful permanent resident or their adjustment to LPR status. This clarification means that any subsequent reentries to the U.S. will no longer factor into the evaluation of an applicant’s eligibility for naturalization.

“This policy update aligns our approach with recent judicial interpretations and ensures clarity for naturalization applicants,” USCIS stated. “For purposes of determining whether an applicant meets the requirement of being lawfully admitted to the United States for permanent residence, we will assess only the initial admission or adjustment, regardless of subsequent reentries.”

The new guidance takes effect immediately and applies to naturalization applications that are pending or filed on or after November 14, 2024. By adopting this narrower interpretation, USCIS aims to simplify the naturalization process and provide greater consistency in adjudicating applications.

Indian Immigrants in the U.S.: A Snapshot of Growth, Contributions, and Challenges

India, the world’s most populous nation, is also the largest source of migrants globally. As of 2023, over 2.9 million Indian immigrants lived in the United States, making it the second most popular destination for Indians after the United Arab Emirates. Indians accounted for 6 percent of the U.S.’s 47.8 million foreign-born residents, ranking as the second-largest immigrant group after Mexicans.

Rapid Growth and Changing Demographics

The Indian immigrant population in the U.S. has expanded dramatically since 1960, with the largest wave arriving between 2000 and 2023. On average, Indian immigrants exhibit high educational attainment and income levels. Most possess a bachelor’s degree or higher, with median incomes more than double those of native-born Americans and other immigrant groups. Additionally, they are less likely to live in poverty. Indians also constitute one of the largest groups of international students in the U.S. and received nearly two-thirds of the H-1B visas for highly skilled workers in fiscal year (FY) 2023.

This upward mobility contrasts sharply with the early 20th century, when Indian migrants were predominantly low-skilled workers. The 1965 Immigration and Nationality Act, which abolished restrictive quotas, marked a turning point, allowing a surge of skilled professionals from India to enter the U.S.

Irregular Migration and Border Crossings

A noteworthy aspect of Indian immigration involves unauthorized entries. U.S. Customs and Border Protection (CBP) recorded nearly 97,000 irregular arrivals of Indian migrants in FY 2023, a number that dipped slightly to 90,000 in FY 2024. Although most encounters occur along the U.S.-Mexico border, nearly 44,000 Indian nationals were intercepted at the U.S.-Canada border during the same period.

Many of these migrants hail from northern India, facing unemployment or political issues, such as tensions surrounding the Sikh separatist movement in Punjab. To reach the U.S., migrants often navigate a complex network of transit countries, paying exorbitant fees to travel facilitators in a process dubbed “donkey flights.”

Geographic Distribution

In the U.S., Indian immigrants predominantly reside in California, Texas, New Jersey, Illinois, and New York, which collectively house over half of the population. Major metropolitan areas like New York City, Chicago, San Francisco, Dallas, and San Jose account for more than a third of Indian immigrants. Notably, Indian migrants form significant portions of local populations, such as 7 percent in the San Jose metro area.

Language and English Proficiency

Indian immigrants are generally more proficient in English compared to other foreign-born groups. In 2023, only 21 percent reported limited English proficiency, compared to 47 percent of all immigrants. However, just 12 percent spoke only English at home. Other commonly spoken languages include Hindi, Telugu, Gujarati, Tamil, and Punjabi.

Age, Education, and Employment

Indian immigrants are younger than the overall foreign-born population, with a median age of 42 years in 2023. They are highly educated: 81 percent of adults aged 25 and older held at least a bachelor’s degree, significantly surpassing the 35 percent for all immigrants and 36 percent for U.S.-born adults. Almost half (49 percent) of Indian immigrants had advanced degrees, compared to 16 percent of all immigrants and 14 percent of native-born Americans.

Indian nationals were prominent in higher education, with 268,900 students enrolled in U.S. institutions during the 2022-23 academic year, representing 25 percent of all international students. Additionally, Indians were the primary recipients of H-1B visas, making up 72 percent of approvals in FY 2023.

Labor force participation among Indian immigrants was notably high at 74 percent in 2023, compared to 63 percent for U.S.-born individuals. Most worked in management, business, science, and arts occupations, reflecting their strong educational background.

Income and Poverty Levels

Indian immigrants enjoy higher incomes than their native-born and foreign-born counterparts. In 2023, households led by Indian immigrants reported a median income of $166,200, significantly exceeding the $78,700 median for immigrant households and $77,600 for U.S.-born households. Poverty rates were also lower, with just 6 percent of Indian immigrants living below the poverty line, compared to 14 percent for all immigrants and 12 percent for the native-born population.

Immigration Pathways and Naturalization

While Indians are slightly less likely to be naturalized citizens than other immigrant groups, they still constitute the second-largest group to naturalize annually. In FY 2023, 7 percent of all naturalized citizens were Indian. Most Indians arriving in the U.S. after 2010 came through family-sponsored or employment-based pathways, with the latter accounting for 37 percent of green cards issued to Indians that year.

The Migration Policy Institute estimates 375,000 unauthorized Indian immigrants lived in the U.S. as of mid-2022, ranking India fifth among countries of origin for undocumented migrants. However, participation in programs like Deferred Action for Childhood Arrivals (DACA) remains minimal, with fewer than 1,700 Indian participants.

Health Insurance and Coverage

Indian immigrants have some of the highest rates of health insurance coverage among immigrant groups. In 2023, only 4 percent were uninsured, compared to 18 percent of all immigrants and 6 percent of the native-born population. This high coverage reflects their employment in sectors offering comprehensive health benefits.

The Indian Diaspora

The broader Indian diaspora in the U.S. numbered approximately 5.2 million as of 2022, including both Indian-born residents and those of Indian ancestry. Among them, 55 percent were born in India, while the rest were U.S.-born or hailed from other countries. This diaspora is the tenth largest in the U.S.

Global Influence and Remittances

Globally, India remains the largest recipient of remittances, receiving $119.5 billion in 2023, more than double the amount sent to Mexico, the second-highest recipient. These remittances accounted for 3.4 percent of India’s GDP and have surged by 120 percent since 2010.

The United States is the second-largest destination for Indian migrants globally, following the UAE and ahead of Saudi Arabia. Together, these countries host millions of Indians who contribute significantly to their host economies while maintaining strong ties to India.

US Tech Giants Expand H-1B Visa Usage, While Indian IT Firms Shift Focus to Local Talent

Leading American tech companies like Amazon, Meta, Google, and Microsoft are increasing their reliance on H-1B visa holders, diverging sharply from Indian IT giants such as TCS, Wipro, Infosys, and HCL, which have significantly reduced their dependency on these visas.

An analysis by The Economic Times indicates that since 2016, US tech firms have witnessed a remarkable 189 percent increase in H-1B visa usage. Amazon spearheads this growth with a staggering 478 percent rise, followed by Meta at 244 percent and Google at 137 percent. Conversely, Indian IT firms have collectively decreased their reliance on H-1B visas by 56 percent over the same period.

This trend reflects a strategic transformation among Indian IT companies, which are now focusing on nurturing local talent within the United States. They are also extending Green Card sponsorships to experienced professionals in a bid to establish long-term sustainability in the American market. Indian firms are maturing their operations in the US, aligning with a business model less reliant on imported talent.

Commenting on the trend, Vic Goel, managing partner at the corporate immigration law firm Goel & Anderson, explains, “US companies must rely on H-1B visas to fill roles with skills not easily found domestically, especially in emerging tech.” The growing demand for specialized expertise in fields like digital transformation, cloud computing, and artificial intelligence is driving this dependency on H-1B visas among American tech firms.

However, the recent election of President Donald Trump has reignited concerns over the future of H-1B and H-4 visas. Known for his tough stance on immigration, Trump’s administration could potentially introduce changes to the Immigration and Nationality Act, including country-specific quotas for visa allocations. Some experts speculate that India may benefit from such policies due to its strong diplomatic ties with the US.

Russell A. Stamets, a partner at Delhi-based Circle of Counsels, advises Indian IT firms operating in the US to adapt proactively to potential policy changes. “Indian firms must prepare to positively influence their outcomes,” he notes, emphasizing the importance of anticipating American regulatory shifts.

Anticipated policy changes are also likely to raise the cost of hiring foreign talent. Employers may face increased visa fees and heightened wage requirements for H-1B roles, further intensifying financial pressures. During Trump’s previous administration, H-1B visa applications underwent heightened scrutiny, with 34 percent requiring additional documentation. This led to considerable anxiety among visa holders and their families, especially for H-4 visa recipients who faced potential loss of work authorization.

Despite these challenges, Indian IT firms remain committed to fostering a robust talent pipeline in the US. Through Nasscom, the industry’s representative body, Indian companies have collectively invested $1.1 billion in STEM initiatives across the country. These efforts include partnerships with over 130 US colleges and universities, along with upskilling approximately 255,000 employees.

This strategic investment has not only contributed to the American workforce but also generated over 600,000 jobs across the US. By emphasizing talent development and collaboration, Indian IT firms continue to play a crucial role in strengthening the US tech ecosystem, even as visa policies undergo significant shifts.

The evolving landscape highlights a clear divergence in strategies between US tech firms and Indian IT companies. While American firms increasingly depend on foreign talent to fill highly specialized roles, Indian companies are pivoting towards sustainable local hiring and investment in talent development.

December 2024 Visa Bulletin Brings Slight Movement for Indian EB-2 and EB-3 Green Card Applicants; Family-Sponsored Visas Remain Static

The U.S. Department of State’s Bureau of Consular Affairs has issued its December 2024 Visa Bulletin, highlighting minor shifts in employment-based green card categories and unchanged family-sponsored categories. The bulletin, a critical tool for green card applicants, shows slight advances for Indian applicants in the EB-2 and EB-3 employment categories but holds family-sponsored visa dates steady for all regions.

Updates for Indian Green Card Applicants

For Indian applicants in the EB-3 category, which permits certain foreign workers to obtain U.S. permanent residency, the Final Action cutoff date has moved forward by one week, now set at November 8, 2012. For applicants from other countries, including China and Mexico, the dates have remained static.

The EB-2 category, which includes applicants such as siblings of U.S. citizens, has also seen a one-week progression for India, with the Final Action cutoff date now listed as March 8, 2006.

Understanding the Visa Bulletin and Its Role

The Visa Bulletin is a monthly publication that provides essential updates for green card applicants regarding priority dates in various categories. It plays a key role in helping applicants understand their position in the immigration process, particularly as visa allocation is influenced by the number of applications already in the queue.

The Department of State evaluates visa availability each month and adjusts the dates accordingly based on the volume of pending applications across the different visa categories. These monthly assessments and updates help applicants gauge potential timelines for advancing in the green card process.

Primary Routes for Green Card Applicants

Green card applicants can follow two main paths depending on their location:

  1. Adjustment of Status:This process allows those already living in the U.S. to change their visa status to permanent residency.
  1. Immigrant Visa Application: Applicants living outside the U.S. must apply for an immigrant visa through a U.S. consulate or embassy in their home country.

Employment-Based Visa Categories and Allocations

The Visa Bulletin provides a breakdown of five employment-based visa categories, each allocated a specific percentage of the total annual visas available:

– EB-1 Priority Workers: 28.6% of the worldwide employment-based visas areallocated to this category, including any unused EB-4 and EB-5 visas.

– EB-2 Advanced Degree Professionals/Exceptional Ability:This category also receives 28.6% of global visas and includes any unused visas from the EB-1 category.

– EB-3 Skilled Workers and Professionals: Another 28.6% of the visas are allocated to this category, with an additional 10,000 visas specifically designated for “other workers.”

– EB-4 Special Immigrants:This category receives 7.1% of global visas, with specific allocations for investors in designated areas.

– EB-5 Employment Creation: This category is also assigned 7.1% of worldwide employment-based visas, directed towards investors.

No Changes for Family-Sponsored Visa Categories

The December Visa Bulletin shows no changes in family-sponsored visa categories for applicants from India, Mexico, the Philippines, or other regions. Key dates remain consistent for each category, as detailed below:

– F4 (Siblings of U.S. citizens):For India, the Final Action date remains atMarch 8, 2006, while Dates for Filing are set at August 1, 2006.

– F1 (Unmarried adult children of U.S. citizens): The cutoff date for Mexico remains November 22, 2004, while for applicants from other countries, it is November 15, 2021.

– F2A (Spouses and children of permanent residents): The date is set at April 15, 2021, for Mexican applicants and January 1, 2022, for other countries.

– F3 (Married adult children of U.S. citizens): For Mexican applicants, the cutoff remains October 22, 2000, while for India and other regions, it is March 1, 2010.

Status of Employment-Based Categories in December

For December, no significant movement was noted in employment-based categories. Details are as follows:

– EB-1: The date for China remainsat November 8, 2022, while India is set at February 1, 2022.

– EB-2: The date for China remainsat March 22, 2020. India has seen a slight advancement, with the date now at August 1, 2012.

– EB-3: Dates for professionals and skilled workers remain unchanged for India at November 8, 2012.

– EB-5:No changes have been made for the unreserved categories for China and India.

The Visa Bulletin remains an essential resource for applicants seeking U.S. permanent residency, allowing them to track their progress within the immigration system. The next Visa Bulletin release, anticipated in January 2025, may bring additional updates across different categories.

Canada Issues Express Entry Invitations for Permanent Residence Through Provincial Nominee Program

Immigration, Refugees, and Citizenship Canada (IRCC) recently conducted its latest Express Entry draw, inviting foreign nationals to apply for permanent residence through Canada’s Provincial Nominee Program (PNP). The PNP operates within the broader Express Entry system, specifically targeting applicants with the skills, education, and work experience necessary to contribute to a province or territory’s economy. The Express Entry draws occur biweekly, selecting eligible foreign nationals to apply for permanent residence in Canada.

The most recent Express Entry draw for the PNP took place on November 12, 2024, marking the 322nd draw in the Express Entry system. In this round, a total of 733 invitations to apply (ITAs) were extended to candidates who met the eligibility criteria. The lowest-ranked candidate in this draw had a Comprehensive Ranking System (CRS) score of 812. The draw occurred at 16:12:30 UTC, with a tie-breaking rule established for applicants who may have the same CRS score. This rule specified March 02, 2024, at 01:58:34 UTC, meaning candidates who submitted their profiles earlier than this date received priority in cases where scores were identical.

The previous Express Entry draw for the PNP was held on October 21, 2024. During this round, 648 ITAs were issued, with the lowest CRS score among successful applicants being 791. Each draw in the Express Entry system has a minimum CRS score requirement, which determines the eligibility threshold for that specific round. If two candidates have the same CRS score, their submission date and time will decide who receives an invitation. This tie-breaking policy ensures fair and timely processing based on submission order.

The Provincial Nominee Program offers various immigration pathways designed to attract skilled workers to specific regions within Canada. Under the PNP, each province and territory can set its own criteria and immigration programs, often focusing on particular skill sets that align with local labor demands. This flexibility allows each region to tailor its immigration policies to meet its unique economic and demographic needs. Provinces may, for example, have streams dedicated to students, entrepreneurs, skilled workers, or semi-skilled laborers, creating a pathway for individuals from diverse professional backgrounds to settle in Canada.

The Canadian government uses the Comprehensive Ranking System (CRS) as a points-based metric to assess and rank candidates within the Express Entry pool. Factors such as age, education level, work experience, and proficiency in English or French are assessed to determine a candidate’s overall CRS score. For each draw, the minimum CRS cut-off score dictates which candidates are invited to apply for permanent residence. The candidate with the lowest CRS score to receive an ITA ultimately influences the overall threshold, helping shape the selection process within each draw.

Express Entry itself is a streamlined immigration system launched by IRCC to manage applications for skilled immigrants who aim to secure permanent residency in Canada. The system encompasses various programs, including the Federal Skilled Worker Program, the Canadian Experience Class, the Federal Skilled Trades Program, and the Provincial Nominee Program. These programs offer distinct paths for candidates with diverse backgrounds and qualifications, enabling skilled immigrants to contribute to Canada’s workforce and economy.

Through the Provincial Nominee Program, foreign nationals can apply for Canadian Permanent Resident status, allowing them to settle, live, and work in a specific province or territory.

Long Wait Times Continue for U.S. Visa Applicants in India, Despite Improvements

If you’re planning a visit to the United States for leisure or business and applying through the U.S. consulate in Kolkata, be prepared for an extended wait of 499 days. Although the U.S. has made substantial efforts over the last year to reduce visa wait times, there is still a significant delay for many applicants. In 2023, the U.S. processed a record 1.4 million visas for Indian citizens, with visitor visa appointment wait times reduced by 75%. But despite these positive strides, the issue of long delays has returned.

Currently, wait times for B1/B2 visitor visas, which cover business and tourism purposes, vary significantly across U.S. consulates in India. Kolkata faces the longest wait at 499 days, while applicants in Chennai experience nearly similar delays at 486 days. The consulate in Mumbai has a slightly shorter wait time at 427 days, with New Delhi and Hyderabad close behind at 432 and 435 days, respectively.

“Wait times for B1/B2 visas have once again become an issue for applicants across India,” said a spokesperson, highlighting that despite progress in processing times last year, the numbers remain high at many consulates.

The differences in wait times are considerable, depending on the type of visa application. For instance, Interview Waiver Visitor visas, which do not require an in-person interview, come with far shorter processing times. In New Delhi, these waivers take only 14 days, and Kolkata applicants enjoy an even shorter wait of 13 days.

For those applying for Third Country National (TCN) visas, the process remains similar, with long waits in countries outside the applicant’s home country. For example, wait times reach 332 days in Abu Dhabi and 289 days in Dubai.

A Third Country National visa, or TCN, refers to a visa obtained from a U.S. consulate in a country other than an applicant’s own. Generally, the B1 visa allows individuals to travel to the U.S. for business activities, while the B2 visa is meant for tourists, family visits, medical treatment, and social events without monetary gain. Both visas are typically issued together as a B1/B2 visa, permitting the holder to engage in both business and tourism-related activities during their stay in the U.S.

Despite efforts to streamline visa processing times and recent successes, the prolonged wait times for standard B1/B2 visas continue to pose challenges for Indian applicants seeking to visit the U.S.

How Indians Can Navigate the USA Visa Application Process with Ease

Applying for a USA visa can often feel overwhelming for Indian citizens, but understanding the steps and requirements can simplify the process. Whether you plan to visit the U.S. for tourism, education, employment, or transit, each visa type has specific requirements and application steps. Here’s a breakdown of the application process, including visa categories, fees, necessary documentation, and common pitfalls to avoid.

Types of US Visas for Indians

The U.S. offers multiple visa categories for Indian applicants, each designed for different purposes. Choosing the right type based on your intentions is crucial:

– US Tourist Visa (B2): Ideal for those visiting the U.S. for leisure, visiting family, or seeking medical treatment.

– US Work Visa (H-1B): This is aimed at professionals in fields like technology, healthcare, and engineering who are employed by a U.S. company.

– US Student Visa (F1): If your goal is to pursue education in the U.S., the F1 visa is the appropriate choice, but it comes with specific educational prerequisites.

– US Business Visa (B1): Designed for those attending business meetings, negotiations, or other professional engagements.

– US Transit Visa (C): For those passing through the U.S.en route to another destination, this visapermits brief stays.

Understanding the different visa types helps streamline the application process by focusing on the relevant requirements for each.

Steps to Apply for a USA Visa Online

Applying for a U.S. visa from India involves multiple steps, each critical to a smooth application experience:

  1. Complete the DS-160 Form: This initial step involves filling out the DS-160 form online, where you provide personal and travel details. It’s essential to review your responses carefully, as mistakes can delay the process. Guidance on filling the DS-160 form is readily available to avoid common errors.
  1. Pay the Visa Fees: Fees vary by visa type, with tourist, business, student, and transit visas typically costing around $185 for Indian citizens. Work visas like the H-1B tend to be more expensive. Payment confirms your intent to proceed with the application.
  1. Schedule Your Visa Appointment: After payment, book an appointment at the nearest U.S. Embassy or Consulate in India. Given fluctuating wait times, it’s advisable to schedule early to secure a timely appointment.
  1. Attend Biometrics Appointment: Before your visa interview, a biometrics session is required, where you submit fingerprints and a photograph. This information is necessary for security and identity verification.
  1. Attend the Visa Interview: During the interview, consulate officials ask about the purpose of your trip, financial situation, and related travel details. Reviewing common questions can help you prepare.
  1. Submit Supporting Documents: Alongside the interview, you’ll need to present various documents, such as proof of financial capacity, travel itinerary, employment records, and an invitation letter if applicable. These documents substantiate your application and travel plans.

US Visa Requirements for Indian Citizens

A successful U.S. visa application requires specific documentation. Missing paperwork or discrepancies can result in delays, so thorough preparation is critical. Here’s a checklist of essentials:

– A passport valid for at least six months beyond the travel date.

– A completed DS-160 form.

– Receipt showing visa fee payment.

– Appointment confirmation printout.

– Passport-sized photos meeting U.S. visa specifications.

– Financial proof, such as bank statements or tax documents.

– Additional materials depending on the visa type (e.g., work contracts or academic records).

Having these items prepared and organized ensures you meet the required standards for a successful application.

Important Travel Tips

Once your visa is approved, preparing for your trip is the next step. Some key considerations include:

– Confirm your passport and visa are valid and have no close expiry.

– Keep a copy of your itinerary and emergency contacts on hand.

– Purchase travel insurance for added security.

– Look into travel essentials for the U.S., like currency exchange, vaccinations, and customs regulations.

For travelers looking to explore, iconic destinations like the Grand Canyon, New York City, and the Golden Gate Bridge are popular among visitors.

How to Extend or Renew Your US Visa

For those considering an extended stay, certain visa categories, such as the tourist visa, may allow extensions under specific conditions. The renewal process, on the other hand, requires a new application but may not require a biometrics appointment or interview if the visa expired within the last 48 months. “Applying for an extension or renewal can be straightforward when done through official channels or visa assistance services like Express USA Visa,” notes a visa advisor.

Common Mistakes to Avoid

During the U.S. visa application, small errors can cause significant delays. Here are some frequent missteps to avoid:

– Incomplete Documentation: Missing paperwork is one of the most common mistakes.

– Errors in the DS-160 Form: Mistakes in this form can lead to complications, so accuracy is crucial.

– Missed Appointments: Double-check your appointment time and date to avoid any setbacks.

Visa application experts advise applicants to double-check documents and application forms to ensure a seamless process.

Applying for a USA visa may seem daunting, but with careful preparation and organization, you can navigate it successfully. Whether applying for a work, student, or tourist visa, understanding the process and requirements for Indian citizens is essential for avoiding errors and increasing your chances of approval.

-+=