Immigration Experts Discuss Challenges Under Trump’s Second Term

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New Jersey, November 15, 2024 – As President-elect Donald J. Trump prepares to assume office for his second term, immigrant communities are bracing for significant policy changes. ITV Gold, led by the COO Ilayas Quraishi, organized a pivotal and highly informative panel discussion to address these uncertainties. The program’s objective was clear: to provide viewers, especially those in immigrant communities, with accurate and actionable information about what to expect under the new administration, avoiding the sensationalism that often surrounds political discussions. The panel focused on empowering viewers with knowledge, so they could make informed decisions about their futures in an evolving political landscape.

The expert panel was moderated by Nidhi Kathuria, who guided the discussion, introducing a diverse and highly skilled group of immigration professionals. The panel included Gaganjot Mundra, Barrister & Solicitor at Visa Serve Immigration Law PC; David H. Nachman, Attorney at Nachman Phulwani Zimek Law Group; and Snehal Batra, Attorney at NPZ Law Group. These immigration law specialists provided their expert insights into the key issues affecting immigrants in the U.S., as well as the specific challenges that could arise under a second Trump administration.

The experts covered various aspects of immigration, from changes in visa policies to the impact on families and students. They also discussed the potential shift in U.S. immigration policy toward greater restriction and its global ramifications, especially in relation to highly skilled workers from countries like India. This discussion was particularly relevant as immigrant professionals, especially in fields like technology, healthcare, and engineering, are a significant part of the U.S. workforce, contributing to innovation and economic growth.

Trump 2.0: A Renewed Focus on “America First” Policies

One of the central themes of the discussion was the continuation of President Trump’s “America First” policy, which aims to prioritize American workers and reduce reliance on foreign labor. As Nidhi Kathuria posed the question, *What can we expect from Trump’s “America First” agenda, especially regarding skilled workers and visa holders?*

David H. Nachman responded by outlining the administration’s intention to reduce both legal and illegal immigration. While much of the focus has traditionally been on undocumented immigrants, Nachman emphasized that the second Trump term will likely intensify scrutiny of legal immigration processes as well, particularly visas like the H1B and other work permits that allow highly skilled workers to come to the U.S.

“There will likely be a continued push to limit immigration and make it more difficult for non-citizens to gain access to U.S. work opportunities,” said Nachman. “This isn’t just about illegal immigration anymore. Even legal visa holders, especially those on H1B visas, will face more barriers to remaining in the country or being able to renew their work status.”

Both Snehal Batra and Gaganjot Mundra agreed with Nachman, noting that even under the previous administration, the process for obtaining and renewing visas had become much more cumbersome. Batra highlighted the challenges many H1B visa holders experienced in securing renewals, often facing delays that caused financial and emotional strain. “The Trump administration has made it increasingly difficult for non-citizens to find stability in the U.S., especially those on work visas,” she said.

Snehal Batra also pointed out that skilled workers, especially those in tech and engineering sectors, may face new obstacles in the second term. She explained how the administration could implement new wage-based regulations that would effectively push out lower-wage visa holders while benefiting only the highly paid professionals. “There’s a real danger that this will create a two-tier immigration system where only the wealthiest and most highly skilled are allowed to enter, leaving many highly qualified workers behind,” Batra warned.

H1B Visa and Green Card Challenges

One of the most pressing concerns for immigrants, particularly for those from India, is the significant delays in the H1B visa process and the backlog in the green card application system. Snehal Batra elaborated on how these issues could worsen under Trump’s second term. She explained that, for many Indian nationals, securing a green card has been a lengthy process, often taking over a decade. Under the new policies, Batra worried that these delays could worsen, particularly for those in the EB2 and EB3 categories.

“The backlog for green cards is already extreme. Many people, especially those from India, have been waiting for years, even decades, to receive their green card,” Batra said. “Under the second Trump administration, it’s hard to see how these issues will improve, given the administration’s focus on reducing immigration and imposing stricter requirements.”

David H. Nachman expanded on the issue by discussing the H1B visa lottery system, which has been under increasing pressure. With only 85,000 H1B visas available each year and over 480,000 applicants in the previous year, the odds of obtaining one of these visas are slim. “The competition for these visas is fierce, and the backlog only continues to grow,” Nachman noted. “For many skilled professionals, there simply aren’t enough visas to go around.”

Nachman also pointed to the Trump administration’s policies that could further hinder the H1B visa process. Under previous policy changes, the government has sought to raise the minimum salary requirements for H1B visa holders, which many argue would make it even more difficult for entry-level workers to qualify. “Many highly skilled workers from developing nations, such as India, rely on the H1B program to stay in the U.S.,” Nachman said. “But with more restrictions, we could see fewer visas granted to deserving professionals.”

The continued tightening of visa policies has also led many skilled workers to look for alternatives. **Gaganjot Mundra** shared that the Canadian immigration system is becoming an increasingly popular option for those facing difficulties in the U.S. “Canada has a much more predictable immigration system, with clear pathways to permanent residency. The Canadian government is actively seeking skilled workers, and many are seeing it as a safer, more stable option than waiting for years in the U.S. backlog,” Mundra explained.

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The Impact on Family-Based Immigration

Family-based immigration is another area that could see significant changes in Trump’s second term. **Nidhi Kathuria** raised the issue of families, particularly those with spouses on H4 visas, who are currently permitted to work under certain circumstances.

Snehal Batra expressed concerns that the Trump administration may seek to roll back policies that allow H4 visa holders to work, especially if the administration seeks to reduce the number of work permits for visa holders. “The H4 work authorization has allowed many families to remain financially stable while waiting for their green cards. If that provision is eliminated, many families will find themselves in a much more difficult situation,” Batra said.

Family reunification has also been a focal point of Trump’s immigration agenda, with the president calling for tighter controls over the ability of U.S. citizens to sponsor relatives from abroad. **David H. Nachman** cautioned that this could result in many families being separated for extended periods. “This is a deeply personal issue for many immigrants, and separating families could have serious emotional and economic consequences,” Nachman added.

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Navigating the Impact on International Students and OPT Holders

International students, especially those on Optional Practical Training (OPT) programs, may also face new challenges under Trump’s second term. **Snehal Batra** explained that OPT, particularly for students in STEM (Science, Technology, Engineering, and Mathematics) fields, could be restricted further, limiting their ability to transition to work visas. This would significantly impact students who are seeking opportunities to remain in the U.S. after completing their education.

“If OPT is curtailed, many students will have a much harder time transitioning to a work visa like the H1B,” Batra said. “This could lead to fewer international students choosing to study in the U.S., or it could drive them to look for opportunities in countries with more flexible immigration policies, like Canada or Australia.”

David H. Nachman shared similar concerns, stating that international students are a vital part of the U.S. economy and its global competitiveness. “We need international students to drive innovation and to sustain our higher education institutions,” Nachman said. “If we continue to make it difficult for them to stay in the U.S., we risk losing out on future leaders in fields like technology and medicine.”

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Canada: A Rising Alternative for Skilled Workers

As the U.S. becomes increasingly restrictive, many immigrants are looking to Canada as a viable alternative. **Gaganjot Mundra** shared that Canada’s more straightforward and welcoming immigration policies are becoming a major attraction for skilled professionals. “Canada’s Express Entry system, which allows skilled workers to apply for permanent residency based on their qualifications, is much faster and more predictable than the U.S. visa process,” Mundra said.

David H. Nachman echoed these sentiments, saying that Canada is positioning itself as a global leader in welcoming skilled workers. “If the U.S. continues to impose stricter regulations on immigration, especially for skilled workers, Canada will continue to reap the benefits of attracting top talent.”

Closing Thoughts from Experts

As the panel concluded, the experts provided essential advice for immigrants navigating these uncertain times. Gaganjot Mundra emphasized the importance of strategic planning. “Misinformation is one of the biggest risks in this field,” Mundra said. “Work with trusted professionals who can help you navigate this complex process.”

Snehal Batra encouraged immigrants to remain proactive. “The earlier you start planning, the more control you’ll have over your situation,” Batra said.

David H. Nachman: The U.S. must recognize the immense value that skilled immigrants bring to its economy. These professionals contribute to innovation, economic growth, and the competitiveness of U.S. industries on a global scale. Policies that drive talented individuals away or make it more difficult for them to work and stay will ultimately harm the country’s ability to remain a leader in technology, healthcare, engineering, and other crucial sectors. In an increasingly interconnected world, the U.S. risks falling behind if it fails to attract and retain the best and brightest minds from around the world.