Trump’s immigration overhaul targets H-1B restrictions, deportations

As President Donald Trump has assumed office, he is anticipated to initiate a series of executive actions concerning immigration following his inauguration ceremony.

He had reiterated these changes for over a year, with their implementation taking weeks or even months. Many of these actions are likely to face legal challenges or require Congress to mobilise new funding.

He had announced his intention to swiftly sign executive orders and embark on “the most aggressive, sweeping effort to restore our borders the world has ever seen.”

Among those most impacted are the thousands of foreign workers in the United States, many of whom are now contending with the uncertainty of extensive visa reforms.

“Very soon, we will begin the largest deportation operation in American history,” he added. “The uncertainty is overwhelming,” shared an H-1B holder based in Silicon Valley. “Our careers and families are in jeopardy.”

From the outset of the 2024 presidential campaign, Trump pledged to commence his second term with renewed and existing measures to restrict legal migration and deport individuals residing in the U.S. without legal status.

Tom Homan, the incoming border chief, announced that large-scale raids to detain and deport those without legal status are scheduled to begin as early as Tuesday, targeting individuals deemed a security or safety threat.

H-1B visa program’s stricter rules

The H-1B visa program, a crucial route for skilled foreign workers, is currently under intense scrutiny. The proposed changes include:

Redefining “speciality occupation”, would make it more difficult for roles without specific degree requirements to qualify. Also, there will be increased scrutiny, with more Requests for Evidence (RFEs) and application denials expected. Another is the higher salary thresholds, which have doubled the minimum annual salary from $60,000 to $120,00 and could impact mid-level roles.

Challenges for international students

Students participating in the Optional Practical Training (OPT) program could face significant obstacles. The elimination of the 24-month STEM (Science, Technology, Engineering and Technology) extension for students would severely limit their work opportunities.

In addition, there is the uncertainty surrounding automatic green cards even for STEM graduates. Additionally, the prohibition of employment at third-party job sites would further restrict their options.

Families face uncertainty

The proposed reforms would notably impact families of visa holders, especially those on H-4 visas, which are usually granted to spouses of H-1B workers. If work privileges for H-4 visa holders are stopped, many dual-income households could face substantial financial hardship. More difficult for companies to hire foreign talent.

These additional proposed measures could deter companies from hiring foreign professionals:

Experts caution that these changes could exacerbate workforce shortages in specialised fields. Despite the U.S. needing skilled workers, the near-term outlook remains uncertain. For instance, the proposed measures include increased worksite inspections, mandatory e-verify registration for employers, and slower processing times across various visa categories.

Trump’s broader immigration reforms

Here are some of Trump’s broader immigration reforms in general:

There are plans to declare a national emergency, unlocking federal funding and other authorities to help secure the border.

1. A restart of the construction of the border wall along the U.S.-Mexico border.
2. An end to birthright citizenship- although Trump acknowledges that this change requires a constitutional amendment.
3. A reinstatement of the ‘Remain in Mexico’ policy, also known as the Migrant Protection Protocol, requires certain asylum seekers to wait in Mexico until their U.S. court hearing dates.
4. The launching of large-scale deportation operations.
5. Restoration of travel bans and limit refugee admissions and resettlement.
6. A reintroduction of Title 42, a public health order from Trump’s first term, allowing immigration authorities to expel and prevent asylum seekers from entering the U.S.