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CPTDogNov 6, 2024 1:19:24 PM7 min read

Tough Time Ahead for Indian Students: Trump’s Potential Policies on OPT, H-1B, H-4, and Visa Tenure

Tough Time Ahead for Indian Students: Trump’s Potential Policies on OPT, H-1B, H-4, and Visa Tenure
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For the thousands of Indian students studying in the U.S., recent political developments raise critical concerns. With Donald Trump's return to the White House, two primary issues could reshape the future for international students: the potential reduction of the Optional Practical Training (OPT) extension for STEM graduates and a possible shortening of student visa durations. Both changes could profoundly impact career prospects, financial planning, and the overall experience of studying in the U.S.

A Look Back: The Impact of Trump’s Previous Term on International Students

In 2017, in the early months of Trump's presidency, uncertainty for international students was palpable. On a recruiting trip to India, Alan Cramb, president of Illinois Institute of Technology, fielded questions from worried parents who were no longer just concerned about tuition or housing but also about their children's future in the U.S. Trump’s inaugural promise of “America First,” coupled with early policies like travel bans and suspending the refugee program, made families question whether the U.S. was still a safe and promising option for international education.

This sentiment resonated across U.S. campuses. The Illinois Institute of Technology, where nearly half of the students were international, saw a 25% decline in international enrollments between 2016 and 2018. Many students, uncertain of their future in the U.S., began considering returning to their home countries after graduation. This shift was part of a broader trend: new international student enrollments in the U.S. declined for three consecutive years starting in 2016, with drops of 3%, 7%, and 1%, respectively.

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The Optional Practical Training (OPT) Program and Potential Changes

The OPT program is currently the main post-graduation work opportunity for international students in the U.S., allowing them to work for one year after graduation. STEM students (science, technology, engineering, and mathematics) benefit from a two-year extension, giving them a total of three years to gain work experience. This extension was recently upheld by the U.S. Supreme Court in October 2023, which reassured many students and universities.

However, during Trump’s first term, Stephen Miller, a senior advisor, attempted to restrict OPT and eliminate the STEM extension. Now that  Trump returns to office, this could be revisited, as Miller’s influence on immigration policy is likely to resurface. As immigration attorney Ashwin Sharma noted, “Dismantling the OPT pathway would disrupt individual careers and also erode the innovation pipeline that fuels American technological leadership.” With OPT and the H-1B visa pathway being critical for many students, any restrictive changes would significantly impact their U.S. career prospects.

Increased H-1B Denials and the Threat to H-4 Visas

Trump’s previous term substantially increased H-1B visa denials and Requests for Evidence (RFEs). From 2016 to 2020, H-1B denial rates rose to an average of 18%, compared to 3.2% under the Biden administration. The rate of RFEs also tripled under Trump, peaking at 34%. A return to such policies could make it more difficult for high-skilled immigrants, including international students, to secure employment in the U.S.

H-4 visa holders (spouses of H-1B workers) also face potential restrictions. The Obama-era rule allowing H-4 spouses to work was targeted for elimination by Trump officials, though it wasn’t ultimately rescinded. Now that Trump is re-elected, legal experts expect renewed attempts to restrict H-4 work authorizations, which would impact families relying on dual incomes.

Shortened Visa Duration: Adding Complexity and Uncertainty

Currently, international students are allowed to stay in the U.S. as long as they maintain their student status, thanks to the "duration of status" policy, which provides flexibility without a set expiration. In 2020, the Trump administration proposed limiting student visa durations to four years, and in some cases, just two years. Analysis says it is most likely Trump will revisit this proposal now that he is back in the Oval Office.

Such a policy would not only increase administrative challenges but also add financial burdens for students who may need extensions to complete their studies.

Rajiv S. Khanna, an Arlington-based immigration attorney, commented on the proposal, saying, “For Indian and other international students, the proposed fixed tenure creates a problem. A four-year cap is definitely shorter than a PhD or even a bachelor’s degree course, as students may opt for an extra semester. For students already here, applying for extensions would increase expenses and, more importantly, add an additional element of uncertainty.”

This visa limitation proposal caused widespread concern. The Department of Homeland Security cited it as a way to combat visa overstays, yet colleges and universities saw it as another barrier for international students.

Trump’s “Green Card for Graduates” Promise

In a June podcast, Trump suggested that international students graduating from U.S. universities should receive green cards to stay in the country. While this sparked hope among some students, his campaign later clarified that this would only apply to “thoroughly vetted” graduates who wouldn’t displace American workers or lower wages. Many saw this as more of a campaign talking point than a concrete policy.

Financial and Social Implications

According to the Open Doors Report for 2022-23, there are currently around 270,000 Indian students in the U.S., with nearly 69,000 participating in OPT programs. However, America’s share of global international students has been declining, from 28% in 2001 to just 21% last year, as other countries capitalize on U.S. policy uncertainty. Canada, the U.K., and Australia have all introduced clear residency pathways, making them more attractive to international students.

International students contribute billions to the U.S. economy. In 2018 alone, they added roughly $41 billion, supporting thousands of jobs. Since 2016, however, the decline in new international student enrollments has cost the U.S. nearly $12 billion and over 65,000 jobs, according to NAFSA. For colleges and companies that rely on international talent, the broader impact is hard to quantify. As Cramb of IIT put it, “What we are doing is taking away a richness to the education experience for everyone.”

What’s Next?

While the political landscape is uncertain, international students in the U.S. may continue to face challenges in securing work opportunities and maintaining their status. With a Trump administration on the horizon, policies around OPT, student visas, and immigration could again come under scrutiny. For Indian students and others seeking education and career growth in the U.S., staying informed and consulting with immigration experts will be crucial in navigating the changes ahead.

Perspectives on the future are not uniformly pessimistic. While some worry about the potential financial strain on higher education and a possible decline in campus diversity, others are more optimistic. A recent survey by Intead and Studyportals found that a sizeable portion of international students are now less concerned about the U.S. political climate than before. 30% of surveyed students indicated they would be more likely to study in the U.S. under a Trump administration, citing a belief in stronger career prospects and economic growth under his policies. Nevertheless, 44% preferred a democratic presidency, while 42% said it wouldn’t affect their decision.

Furthermore, The Economic Times reported that the Trump administration could introduce policies aimed at lowering taxes, reducing regulations, and easing restrictions to stimulate business. Karthikeyan K, Director of Permanent Recruitment at Adecco, suggests that such policies could have a positive impact on India’s job market by creating opportunities in sectors like IT, pharmaceuticals, and manufacturing. However, he also cautioned that labor standards might be deprioritized in favor of geopolitical goals, potentially impacting the value of labor and the demand for contingent services.

What This Means for International Students

The future of U.S. immigration policies and their impact on international students may depend on a balance between national security concerns and the country's economic needs. As the U.S. competes globally to attract top talent, policy shifts that affect the OPT program, visa durations, and H-1B opportunities could influence students' decisions. For those planning to study in the U.S., the potential benefits—world-class education, career development, and economic growth—still make it an appealing destination.

If you’re looking for an alternative to the H-1B visa, consider Day 1 CPT, which allows you to work while studying. This option has become a valuable backup for international students who have exhausted their OPT year, offering additional opportunities to continue their academic and professional journey in the U.S. 

If you are interested in learning more about these Day 1 CPT programs, book a consultation with our experts. CPTDog is founded by international students for international students, our consultations are 100% free. 

 

 

 

 

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CPTDog

A former international student turned entrepreneur with 12 years of experience navigating the immigration journey from F1 to Green Card.

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