Trump's Immigration Policy: Impact on Expecting Indian H-1B Visa Holders

Trump's Executive Order on Birthright Citizenship

In October 2018, President Trump signed an executive order seeking to end birthright citizenship for children born in the U.S. to non-citizen, temporary visa holders like those on H-1B visas. Though the order faced legal challenges and is currently on hold, it left many expecting Indian parents on temporary visas in a state of uncertainty.

Impact on Indian H-1B Visa Holders

The proposed policy change directly impacts Indian professionals on H-1B visas who were expecting their U.S.-born children to automatically receive citizenship. Immigration attorney Cyrus Mehta explained, "U.S. law has no provision for granting non-immigrant status to a person born here." Without birthright citizenship, children of H-1B visa holders could face legal uncertainties regarding their status.

Indians, the second-largest immigrant group in the U.S., would be among the most affected communities. Over five million Indians hold non-immigrant visas, and under the proposed rule, their U.S.-born children would no longer receive automatic citizenship.

Concerns and Uncertainties

Expecting Indian parents on H-1B visas expressed concerns over the proposed changes. Akshay Pise, an Indian engineer in San Jose, California, whose wife was due to give birth, said, "If the order takes effect, we don't know what comes next - it's uncharted territory."

Neha Satpute, Pise's wife, shared the stress and uncertainty caused by the situation. "Pregnancy is stressful enough, but we thought after a decade here it would get easier - then this happens on top of everything."

Pise, a legal and tax-paying immigrant, believed his child deserved U.S. citizenship, stating, "It's been the law, right?"

Green Card Backlog and Wait Times

The proposed policy change highlights the existing challenges faced by Indian immigrants seeking permanent residency. According to immigration policy analyst Sneha Puri, "Indians face the longest green card backlog of any nationality." Current laws limit green cards to 7% per country, and with Indians receiving 72% of H-1B visas each year, the backlog has grown to 1.1 million.

David Bier, the immigration director at the Cato Institute, warned, "New Indian applicants face a lifetime wait, with 4 lakh likely to die before getting a green card."

Legal Implications and Advice

While the executive order remains on hold due to legal challenges, the proposed policy change has significant implications for Indian immigrants on temporary visas. Immigration experts advise against taking drastic measures like inducing early labor or undergoing unnecessary C-sections solely to secure citizenship for newborns.