By Mohak Nahta
As U.S. Election Day draws near, many in India closely watch how the results could reshape immigration policies. For Indians who pursue opportunities in the U.S. through work, study, or family connections, the face-off between Kamala Harris and Donald Trump presents two distinctly different approaches.
Let’s look at how each candidate’s position could potentially impact Indian citizens for years to come.
H-1B Visas
Under Trump’s administration, eligibility has been tightened and wage thresholds raised, increasing denial rates from 6% in 2015 to 24% in 2018. Meanwhile, Harris has previously supported increasing the annual cap on H-1B visas, currently limited to 65,000 regular visas and an additional 20,000 for applicants with advanced degrees from U.S. institutions.
Family-Based Immigration
Trump’s administration proposed a shift towards a merit-based system that prioritizes skills over family connections, limiting immigration primarily to spouses and minor children.
Harris advocates for family reunification, but with over 1 million Indians stuck in the family-based visa backlog as of 2023, concerns persist about her ability to resolve these challenges.
Employment-Based Green Cards
Currently, Indian nationals on H-1B visas outside STEM experience waiting times of up to 84 years for employment-based green cards with Trump’s merit-based points system. On the other hand, Harris co-sponsored the Fairness for High-Skilled Immigrants Act which seeks to eliminate country-based caps.
Student Visas and OPT
Indian students contribute $7.6 billion annually to the U.S. economy. The Trump administration increased scrutiny on F-1 student visas and proposed limitations on Optional Practical Training (OPT). Meanwhile, Harris may advocate for extending the OPT period for STEM graduates from 36 months to potentially longer durations, allowing Indian students more time to gain practical experience.
Investment and Entrepreneurial Visas
The EB-5 program has attracted Indian investors eager to contribute to U.S. economic growth. Under Trump, the minimum investment for EB-5 visas increased from $500,000 to $900,000, targeting high-value investments. While Harris generally supports entrepreneurship, her record on entrepreneurial visa reform remains sparse, casting uncertainty on the future for Indian investors.
Tourism and Short-Term Visas
Trump’s focus on security has led to increased scrutiny and extended processing times for short-term tourist visas, with averages rising from 28 days in 2017 to 88 days by 2022. Harris’s stance indicates she may prioritize accessibility, but her past actions might temper expectations for significant shifts.
Hopeful but Pragmatic Expectations
While Harris and Trump offer distinct visions for immigration, neither presents a clear pathway to reform. Harris’s ideals promise inclusivity and support for immigrants, but her limited record of progress as Vice President tempers expectations of sweeping changes.
Conversely, Trump’s policies reflect a focus on prioritizing U.S. labor and security, with fewer pathways for new immigrants and tighter restrictions on those already in the system.
For many Indian aspirants, the hope remains that visa processes will become more predictable and less restrictive, though meaningful reforms from either candidate may remain limited by political and logistical realities.
This election will likely set the course for U.S. immigration policy in the coming years, affecting not only American citizens but also countless people worldwide seeking opportunities and connections in the United States.
(Author is Founder & CEO of atlys)
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