H-1B, EB-5 Visas, US Green Card: How Trump’s policies will shape the path to residency in America

The Trump administration, set to take office on January 20, 2025, is expected to implement changes to EB-5, H-1B visa, and green card rules, affecting immigrants and international students seeking to study in the US. In an interview with Financial Express Online, Piyush Gupta, Vice President, India and Middle East, CanAm Enterprises, discusses potential changes for students, EB-5, H-1B visa, and green card aspirants.

How will Trump’s policies impact international students?

Trump’s immigration policies may lean toward stricter controls, but programs like EB-5, which drive job creation and economic growth, continue to receive bipartisan support. This focus on economic impact may also benefit international students, especially those in high-demand STEM fields. While government staffing changes could affect processing times, students in fields valued by U.S. industries may still find pathways to support. However, students should be prepared for potential delays or increased scrutiny if further security measures are enacted.

What is Trump’s view on H-1B visas, and is there any change expected? Any potential changes to the H-1B Lottery System.

The administration’s focus on immigration programs with clear economic benefits suggests a shift in H-1B visa policies to prioritize highly skilled, well-compensated professionals over a random lottery. For Indian H-1B visa holders, this could mean a move toward a merit-based system favoring specialized expertise and higher wages, enhancing opportunities for experienced tech professionals but potentially raising barriers for new entrants. The EB-5 program, currently one of the quickest paths to a green card for Indian nationals, may also benefit applicants with strong skills or investment potential in this evolving immigration landscape.

What is the overall impact on Indian immigrants with Employment-Based Green Cards and EB-5 Visas?

There is optimism for the EB-5 program under the new administration, largely due to its bipartisan support and economic benefits through job creation and foreign investment. The EB-5 Reform and Integrity Act brings added stability to the program, making it less vulnerable to sudden policy changes. This strengthened regulatory framework makes EB-5 an attractive option for Indian immigrants, especially those on H-1B or F-1 visas, seeking faster access to green cards while navigating approval wait times. For Indian investors, EB-5 now stands as a stable, secure path to U.S. residency.

What are Trump’s views on Family-Based Immigration policies?

While the EB-5 program and employment-based immigration enjoy bipartisan support due to their economic benefits, Trump has previously favored scaling back family-based immigration in favor of a merit-based approach. While there may not be a direct impact on Indian nationals with employment-based green cards or EB-5 visas, applicants relying on family reunification pathways might face increased scrutiny or longer processing times. While the stricter regulations might impact broader immigration categories but do not specifically target EB-5, signaling more stability for investor visas.

Any other major impact that Indians can expect from Trump’s presidency?

The processing times may face delays under the new administration due to potential staffing issues and increased security measures at agencies like the State Department. However, a drop in interest rates could boost EB-5 investments, presenting an advantageous moment for Indian investors and skilled professionals. The programs with strong economic benefits, like EB-5 and high-skill visas, are likely to remain in demand, making this an opportune time to consider the EB-5 pathways.