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What Could Trump’s Return Mean for U.S. Immigration Policies?
by Dean W. Liu on Nov 06, 2024
As international students in the U.S., especially those from India and China, we’re constantly on edge about changes in immigration policies. Now, with Trump making headlines as he declared an early win in the presidential election, he’s poised to become the 47th President of the United States come January. With control over Congress and the Supreme Court leaning conservatively, we’re left wondering: what could this mean for U.S. immigration policy?
Here’s a rundown of possible changes we might see and how they could impact international students and workers in the U.S.
Table of Content
- Stricter Regulations on OPT, Especially STEM OPT
- Tougher Standards for H-1B Visa Approval
- Changes in Employment-Based Green Cards (EB Visas)
- Possible Restrictions on CPT
- Final Thoughts
1. Stricter Regulations on OPT, Especially STEM OPT
One potential shift is more stringent rules around the Optional Practical Training (OPT) program, particularly for STEM students. Back in 2020, during the COVID-19 pandemic, Trump’s administration considered limiting OPT to protect American jobs. Although it didn’t go through, largely due to opposition from universities and businesses, Trump may once again push for tougher restrictions on OPT. This could mean more scrutiny when issuing work authorizations, which might make the job search even harder for recent graduates.
For students on OPT or planning to apply, staying updated and consulting with university career centers could be crucial to navigating any new requirements.
2. Tougher Standards for H-1B Visa Approval
One of the most significant changes international graduates might face could involve the H-1B work visa. During his previous term, Trump implemented a “Buy American, Hire American” order, aiming to ensure that only the most skilled or highly paid applicants received H-1B visas. As a result, applications were met with many Requests for Evidence (RFE), and rejection rates surged over 20%.
This time around, expect the H-1B process to be even more competitive. Criteria could get stricter, especially concerning the minimum salary requirements and the alignment between degree and job role. For example, under tighter rules, an engineering graduate working in a computer science role could face scrutiny. For students in broad fields like business or liberal arts, securing an H-1B may become even more challenging.
3. Changes in Employment-Based Green Cards (EB Visas)
Trump has consistently voiced his stance on curbing not only illegal immigration but also legal pathways. We could see increased scrutiny on employment-based (EB) green card applications, making it more challenging for international students and workers aiming for permanent residency.
Predicted reforms might raise the threshold for investment-based green cards and tighten evaluations on employment-based applications to ensure that applicants don’t become a public burden. Indian students, who already face long wait times, may experience extended delays and tougher conditions for EB visas.
4. Possible Restrictions on CPT
Curricular Practical Training (CPT), which allows students to work in their field of study while enrolled, may also come under tighter controls. Trump’s administration previously attempted to limit the concurrent use of CPT and OPT. For instance, if a student uses full-time CPT for five months, it could reduce their OPT eligibility post-graduation. Such restrictions, if reintroduced, could impact those relying on Day 1 CPT programs.
Here’s some advice if you’re on or considering Day 1 CPT:
1️⃣ Choose accredited schools: Opt for institutions with regional accreditation to avoid issues with USCIS.
2️⃣ Stay compliant with F-1 rules: Submit assignments, attend classes on time, and maintain a GPA of 3.0 or above.
3️⃣ Prioritize schools nearby: Enroll in programs close to your residence to avoid red flags during immigration reviews.
4️⃣ Keep your academic pathway progressive: Select programs that show academic advancement rather than similar or repetitive studies.
5️⃣ Follow CPT guidelines: Apply for CPT on time, renew it as required, and ensure your job aligns closely with your field of study.
5. Final Thoughts
While these potential changes may seem daunting, there’s no need to panic just yet. Immigration reforms will likely face various challenges and may not be Trump’s immediate priority. As long as we adhere to current regulations and stay informed, there are ways to achieve our career and residency goals in the U.S.
During the campaign, Trump even hinted at fast-tracking green cards for international graduates. Whether or not that comes to pass, staying connected, and informed, and consulting with legal or career experts could be key to navigating these uncertain times.
What are your thoughts on the next four years of immigration policy? Drop a comment below – let’s discuss and support each other on this journey!
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