With Stephen Miller set to assume a central role in the Trump White House, visa holders brace for stricter immigration policies and heightened scrutiny, reigniting fears among immigrant communities.
As Donald Trump prepares to retake office in January, immigration is once again at the forefront of national debate. His campaign rhetoric leaves little room for doubt: Trump plans to initiate the largest mass deportation operation in U.S. history, targeting undocumented immigrants. But his hardline approach extends beyond deportations to scrutinizing visa programs that hundreds of thousands of Indian nationals depend on.
The heightened scrutiny of non-immigrant visas such as H-1B, L-1, and F-1 has triggered widespread anxiety among visa holders and their families.
A clear signal that Trump is serious about shaping his policy agenda emerged today, with CNN reporting that the president-elect is expected to announce Stephen Miller as his White House deputy chief of staff for policy in the coming days.
Miller, known for his hawkish views on immigration, is expected to drive policy decisions that could reshape the U.S. immigration landscape. His appointment signals a return to stricter enforcement and tighter visa regulations.
Miller was a senior adviser and lead speechwriter during Trump’s first administration. His expanded role in the second term positions him as a key architect of immigration policy, with significant influence over staffing and agenda-setting.
For many Indian professionals on visas, Miller’s return is unsettling.
“All eyes will be on Miller and the moves he’s going to make,” said a Northern Virginia executive with a technology company who is currently on an H-1B visa and requested anonymity. He added that he’s been unsettled by misinformation circulating about Miller, including claims that he would initiate denaturalization processes. The executive also noted that he recently started following Miller on X to stay informed about his policies.
READ: Trump immigration agenda: From H-1B visas and H4 work permits to family sponsorships and deportations (November 9, 2024)
Concerns loom large over the potential rollback of H4-EAD work authorizations, stricter scrutiny of H-1B applications, and an uptick in Requests for Evidence (RFEs) from USCIS, which could delay or complicate immigration processes.
There is a fear that the H4-EAD program, which allows spouses of H-1B visa holders to work in the U.S., could be curtailed. During Trump’s first term, efforts to rescind the program were met with legal challenges but ultimately failed. However, a renewed push could destabilize families that rely on dual incomes.
“Losing this benefit would not only affect household finances but also force many spouses to remain unemployed, limiting their professional growth and contributions to the economy,” Johnson Myalil, a Washington-area immigration attorney, wrote in a recent article for The American Bazaar.
Seattle-based management professional Anushka Kapoor, currently on an H4 EAD, recalls the uncertainty during Trump’s previous term. “There was an attempt to remove H-4 EAD, so the fears now are not unfounded,” she said. “What gives us hope is that last time they were unable to implement it. Most Indian immigrants are legal, white-collar professionals with no legal issues, so I would like to believe that those on valid visas should be largely okay.”
However, Kapoor acknowledged the anxiety Trump’s return creates. “I know of a family who decided to advance their annual India trip to next month instead of summer 2025. They didn’t want to be caught in uncertainties, so yes, it creates anxiety,” she added.
For many, Trump’s policies signal a return to higher denial rates and increased scrutiny. Data from his first term shows a sharp increase in the non-immigrant work visa denial rate, which reached 18%, compared to just 3.2% in recent years. Similarly, the RFE rate under Trump stood at 34%, dropping to around 12% under subsequent administrations.
The implications of a return to these higher scrutiny levels are serious. Immigration attorney Amar Shergill, of the California-based Shergill Law Firm, noted the divided factions within Trump’s orbit.
“Trump’s orbit is divided between bigots that want no new immigration and those that need a lower-wage workforce,” Shergill told The American Bazaar. “It’s hard to see which side will win out, but we know Trump will do what he feels is best for his own political and financial prospects. This will likely come down to flattery and backdoor bribery schemes.”
One area of potential reform could involve stricter requirements for H-1B applicants, such as limiting visas to professionals with advanced degrees or increasing the wage floor for visa holders.
Attorney Myalil warned that such moves would likely reduce the pool of eligible candidates while driving up labor costs for companies. Yet not everyone in the Indian American community opposes such changes.
Lali Kumar, a travel industry professional based in Great Falls, VA, supports wage parity. “Advanced degree holders should be paid the same as regular Americans. This way, H-1B holders won’t have a cost advantage, which could limit job opportunities for Americans. Equal employment opportunity and equality in wages should be the standard,” Kumar said.
For now, the community remains on edge. Legal immigrants, particularly those in the tech sector, fear a return to the adversarial environment that characterized Trump’s first term. Heightened scrutiny, combined with potential policy changes, could significantly alter the landscape for both businesses and families.
As Trump’s policies take shape, many in the Indian American community are preparing for a challenging road ahead. Whether it’s securing their legal status, navigating tougher application processes, or adjusting to new wage requirements, the stakes couldn’t be higher.
For immigrants like Kapoor, who have built their lives and careers in the U.S., the coming years could bring a mix of resilience, adaptation, and, above all, hope. “We’ve been through uncertainty before,” she says, “and we’ll get through it again.”