The recently signed Laken Riley Act has made waves in U.S. immigration policy, with provisions that could significantly impact international students, particularly those from countries like China and India. While the Act primarily targets undocumented immigrants, its broader implications could create additional challenges for those on F-1 visas, F-1 OPT (Optional Practical Training), H-1B seekers, and students considering or currently using Day 1 CPT (Curricular Practical Training). Even though the Act may not directly address international students, its ripple effects—such as stricter enforcement of immigration laws and increased scrutiny of visa programs—could make life more difficult for those navigating the U.S. immigration system. Understanding the Act and its potential consequences is crucial for staying ahead and protecting your status in the U.S.
What is the Laken Riley Act?
The Laken Riley Act, a proposed legislation signed into law in January 2025, seeks to further tighten immigration enforcement, particularly for non-immigrant visa holders.
The bill, named in honor of an Augusta University nursing student who was tragically murdered in Athens, Georgia, last year by an undocumented migrant with a criminal history, primarily seeks to implement stricter detention policies. However, another provision of the legislation, which has largely gone unnoticed, could affect visas for lawful, documented individuals applying to work or study in the U.S.
The act gives state attorneys general the power to challenge the federal government’s visa policies, which may result in stricter visa issuance processes. This includes not only nonimmigrant visas like the F-1 but also immigrant visas such as those for H-1B (dual intention visa). While the law primarily focuses on deportation and border control, it indirectly affects international students and professionals, especially those from countries with strained diplomatic relations with the U.S.
In plain words:
- Visa processing may take longer: International students applying for an F-1 or H-1B visa stamp from their home country could face extended wait times. Currently, the normal F-1 visa processing time for Indian students is 2 to 8 weeks including visa interview and the approval process. If the Laken Raily Act leads to stricter immigration enforcement, you might expect visa processing times to increase by at least 30-60 days. In some extreme scenarios, delays could extend up to 6 months or longer, depending on the specific circumstances and how the Act is implemented.
- More rigorous questioning: Students may face additional questioning and background checks, making the process more challenging.
- Increased scrutiny in red states: International students who are studying in more conservative, "red states" may experience heightened scrutiny during the visa application process compared to those from "blue states", since based on the Laken Raily Act, the state has been granted more power to overturn a federal ruling regarding an immigrant's status.
- Affcacts Dependents: According to Inside the Higher Ed, "the legislation could also make it more difficult for families of existing students or scholars to access visas, deterring them from continuing to teach or research in the States."
How Will It Affect Indian Students?
The U.S. and India have a generally strong relationship. However, when discussing the Laken Raily Act (or any potential immigration-related reforms), there are some key reasons why Indian international students might still be affected:
1. Large Number of Indian International Students in the U.S.
India is the second-largest source of international students in the U.S. after China, with over 200,000 Indian students enrolled in U.S. universities. Because of their large number, Indian students are a significant demographic in discussions about U.S. immigration policy. As a result, any stricter immigration policies or changes to visa processing would affect Indian students more simply.
2. OPT and H1B Visa Dependency
Many Indian students pursuing STEM degrees in the U.S. depend on the H-1B visa to stay in the U.S. after completing their F-1 and OPT (Optional Practical Training) periods. With the Laken Riley Act enforcing stricter regulations, these H-1B transitions could become more difficult. Certain political forces may view the high number of Indian professionals in the U.S. as contributing to perceived immigration “imbalances.” Although the U.S.-India relationship is strong, these policies are often influenced by domestic political concerns over job competition and immigration control, not just diplomatic ties. At the end of the day, "America First" is what won Trump his presidency.
3. H1B Workers and National Security Concerns
Although the U.S.-India relationship is strong, there are still elements of national security concerns tied to specific industries. Policies that affect visa issuance, particularly for students in these high-demand sectors, could be influenced by concerns over intellectual property, cybersecurity, or economic protectionism. Students in fields like AI, machine learning, and data science—which are often heavily represented by Indian nationals—might face additional scrutiny as part of a broader effort to protect U.S. technological superiority. While India isn’t typically a target of geopolitical tension in the same way as China, it could still be impacted by global concerns over technology dominance.
Other Changes That Limit H1B Seeker's Chances
On top of the concern for the Laken Raily Act, H1B seekers may face these challenges in 2025:
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Higher Wage Requirements: The Department of Labor has implemented higher wage requirements for H-1B positions, making it harder for employers to sponsor international candidates, especially for entry-level roles.
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Lottery System Reforms: The H-1B lottery system has been updated to prioritize candidates with higher salaries and advanced degrees. While this benefits those with master’s or Ph.D. degrees from U.S. institutions, it may disadvantage others.
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Increased Denial Rates: USCIS has been denying a higher percentage of H-1B petitions, particularly for IT and consulting roles. Employers are now more cautious about sponsoring international candidates, which could limit your job opportunities.
H1B Alternative Day 1 CPT: Is It Still Safe?
In recent years, the H-1B selection rate has been hovering below 25%, meaning thousands of international students nearing the end of their OPT period are facing the end of their U.S. journey. For many, Day 1 CPT programs have provided a critical opportunity to extend their stay in the U.S. These programs allow students to start working in their field of study from the first day of their academic program, ensuring that they can continue working legally in the U.S. after their OPT expires.
While Day 1 CPT programs can be a lifeline, increased scrutiny from USCIS, along with negative media coverage from outlets like Bloomberg and Inside Higher Ed, has raised concerns about how these programs are viewed by immigration authorities. While Day 1 CPT is legal and in compliance with both USCIS and SEVP guidelines, a more conservative interpretation by USCIS could cause challenges for students enrolled in these programs.
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Increased Scrutiny: USCIS is closely reviewing Day 1 CPT programs to ensure they comply with immigration regulations. Students enrolled in programs that appear to prioritize work over academics may face challenges during visa renewals or H-1B applications.
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Employer Concerns: Some employers are hesitant to hire Day 1 CPT students due to the perceived risks associated with these programs. This could limit your job opportunities.
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Impact of the Laken Riley Act: the Laken Riley Act could lead to stricter enforcement of immigration rules, including those governing CPT programs. This may result in universities offering Day 1 CPT having to adjust the program requirement, for instance, increase on-site frequency.
Despite these concerns, the bottom line is that Day 1 CPT is currently legal and in compliance with both USCIS and SEVP requirements—at least for now. It remains the most viable option for students already in the U.S. who are facing the expiration of their F-1 status. Rather than abandoning this pathway, students can proceed with caution while keeping an eye on the long-term benefits. With professional guidance, Day 1 CPT can still serve as a lifeline, allowing students to maximize its advantages without jeopardizing their future.
Tips for Day 1 CPT Students:
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Choose Regionally Accredited Day 1 CPT Universities:
Ensure that you enroll in a program offered by regionally accredited universities with a strong academic reputation. Avoid programs that seem to prioritize work over academics or have questionable accreditation.
- Check Day 1 CPT Program Setting Before Apply:
It’s important to carefully review the program structure before applying. Balancing schoolwork and internship responsibilities can be overwhelming, so ensure that your program’s on-site requirements allow you enough flexibility to manage both. Consider the following:
- Does the program require you to be on campus frequently, and does that interfere with your internship schedule?
- Is the on-campus requirement substantial enough to meet USCIS guidelines without overburdening you?
In general, a master’s student is expected to complete around 40-45 hours of in-class study per semester. Ideally, whichever Day 1 CPT university you choose should structure the program so that at least half of the required hours are completed in person on campus, regardless of how frequently you need to attend.
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F1 Visa Status Maintainance
Make sure your work is directly related to your field of study. Choosing the right program is crucial. Even if you can obtain CPT authorization by negotiating with your DSO or leveraging your school's flexible policies, it’s important to consider whether the program is a perfect fit. While your CPT authorization may be legal and compliant at the time, any discrepancies can leave room for interpretation by USCIS during the H1B application process. Given the current political climate, you want to minimize any chances for USCIS officers to question your "intentions to stay." Failing to maintain F1 visa status according to USCIS and SEVP guidelines is one of the most common reasons for H1B application denial. If you don't know which major to choose, book a free consultation with CPTDog.
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Consult an Immigration Attorney
If you’re considering Day 1 CPT or are already enrolled in a program, consult an immigration attorney to ensure you’re complying with all regulations. CPTDog works with many immigration law firms across the US and we organize free webinars in which these immigration lawyers will provide their insights on recent policy changes, and answer your questions live for free!
Conclusion
The recent U.S. immigration policy changes, including the proposed Laken Riley Act, present many new challenges for Indian international students. Whether you’re on an F-1 visa, OPT, H-1B, or considering Day 1 CPT, staying informed, proactive, and adaptable will help you navigate these changes successfully. Remember, your skills and determination are your greatest assets in achieving your career goals. If you need a Day 1 CPT, F1-OPT, or H1B layoff free consultation, book it here:
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