Thousands of Indians in the US are concerned about the management of US President Donald Trump‘s administration’s decision to consider a number of ways, including those who are on H-1B function permits and who are facing lengthy green card backlogs.
Second, President Trump’s professional order’s possible withdrawal of heritage membership raises a significant issue for American families with H-1B permits who are expecting children in the United States.
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While this coverage is now being challenged in court and remains on maintain, its implementation—however unlikely—would have serious repercussions.
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The increase in “aging-out” children, who are not covered by Deferred Action for Childhood Arrivals ( DACA ), and the loss of the automatic legal status afforded by US birthright citizenship, would pose one of the biggest challenges. There are above 200, 000 fresh refugees, a large number of them Indians, who went to America with their families as dependant children and therefore aged-out when they turned 21, according to projections. They must either self-deport or go on to be illegal immigrants despite having lived in the US for a while and grown up it.
Any policy change that would revoke heritage citizen would only make the issue of children aging out of centered card position one of the most difficult issues facing American professionals with H-1B permits.
” This may make an already burdened green card delay even more complicated, disproportionately affecting H-1B buyers from India. The inability to obtain US citizenship at birth could leave these children in a precarious immigration status as they grow up, Neha Mahajan, co-founder of Skilled Immigrants in America ( SIIA ), an organization supporting skilled Indians stuck in long green card queues, told the Times of India.
The US courts are already hearing arguments regarding birthright citizenship, and the executive order that attempts to withdraw it is still pending. Any attempt to alter this cherished process is likely to experience major legal challenges because of the powerful legal precedent that supports heritage membership under the 14th Amendment.
A federal judge in Seattle earlier this year continuously thwarted President Trump’s executive order, which calls for the end of birthright citizenship. Since heritage citizen has always been upheld in US courts, it is very likely that this issue will continue to face litigation for an extended period of time. A constitutional amendment or landmark Supreme Court decision would be required for any significant change, not only professional actions but also.
The legal and constitutional foundations that support heritage citizen are still powerful, for the time being. Given its profound effects on immigrant communities and the US economy, Mahajan said, any modification to this process may require significant legislative and judicial fights.
Now, children born in the United States to immigrant parents—whether on job visas or otherwise—are granted automated US citizenship, providing a important safeguard against the intense green card backlog that disproportionately affects Indian H-1B holders. ” This backlog, with decades-long wait times, leaves many high-skilled professionals in an uncertain immigration status for most of their careers. One of the few stabilizing factors for their families has been “birthright citizenship,” Mahajan said. She continued, noting that the birthright citizenship policy in the United States has historically set it apart from other developed nations, making it a more appealing place for international talent to work.
The decision to revoke employment authorization documents for spouses of H-1B visa holders who are dependent H-4 visa holders is another issue that may present challenges for Indian professionals working in the US. After years of lobbying, the Barack Obama administration introduced the H-4 EAD, giving many spouses of H-1B visa holders much-needed relief and economic independence. However, under the administration of Trump’s first term, there was a concerted effort to revoke H-4 EADs, creating uncertainty and hardship for thousands of skilled immigrant women. Thanks to relentless advocacy—by organisations like SIIA and many women who chose to raise their voices—the effort to eliminate H-4 EADs was ultimately unsuccessful”, Mahajan said.
She added that Indians in the US who are sat in green card queues have become more and more difficult to navigate due to the broader immigration system. ” Many families from India, who already endure disproportionately long wait times for permanent residency, have experienced delays, particularly during the COVID-19 pandemic, which has caused employment disruptions and financial instability.”
There are also fears now among Indian professionals, on temporary work visas in the US, on reversal of the Joe Biden administration’s order on automatic extension in certain categories of work permits. ” These extensions were introduced during the COVID-19 pandemic to streamline the renewal process and stop second-guessing employment disruptions. Any decision to revoke automatic work permit extensions would have a significant impact on Indian professionals, particularly those with H-4 EADs,” Mahajan said. The automatic extensions made it possible for individuals to work while their renewal applications were pending, removing the requirement for additional biometrics appointments, which had been introduced under the previous Trump administration.
” Traditionally, H-1B and H-4 petitions were processed together, ensuring timely approvals. However, if the Trump administration releases new instructions to separate these filings, it could increase the length of work authorization extensions. This would disproportionately impact H-4 visa holders, many of whom are highly skilled professionals contributing to the US workforce”, Mahajan said.
For Indian professionals already navigating decades-long green card wait time, these likely policy changes, being considered by the Trump administration, create additional uncertainty and financial instability.
