What H-1B Visa Holders Should Know About Trump’s Executive Orders and U.S. Immigration

If you hold or seek an H-1B visa, you need to know what President Trump’s executive actions mean for your chances of U.S. immigration.

This is especially relevant for Indian nationals and the companies that rely on them. Indians currently make up about 75% of H-1B visa holders.

The first Trump administration overhauled immigration policy, setting wage requirements and restricting eligible occupations in ways that harmed entry-level H-1B workers. The second Trump administration has renewed its focus on restricting immigration and prioritizing U.S. workers.

These stricter policies may create additional obstacles for H-1B visa holders who want to live and work in the United States.

However, you still have alternative options. H-1B workers and their eligible family members can choose another route to lawful permanent residence in the United States. You can lower your immigration risk and get Green Cards by investing in a U.S. business under the EB-5 Immigrant Investor Program.

In this article, we’ll outline the recent executive orders affecting immigration, the implications for H-1B holders, and why the EB-5 program is a safer option for qualified foreign nationals.

An Overview of Trump’s Executive Orders on Immigration

On January 20, 2025, President Trump declared a national emergency and issued a series of executive orders on immigration. These address birthright citizenship, visa requirements, border security, and asylum and refugee programs.

Here are the main points that H-1B holders and applicants should take away from the executive orders on immigration.

Revoking Birthright Citizenship

Trump signed an order removing automatic U.S. citizenship for children born in the United States to non-citizen parents. According to this, children born after February 18, 2025 in the United States must have at least one parent who is a U.S. lawful permanent resident or citizen to automatically acquire U.S. citizenship.

This order has run into unresolved legal challenges. However, if upheld, the policy may drastically change citizenship and family-based immigration.

This order has significant potential implications for families in the United States on temporary visas, including H-1B, E-2, and F-1, that were expecting their children to receive birthright citizenship.

It is unclear how United States Citizenship and Immigration Services (USCIS) will determine the nationality of children who do not fit the criteria above. Children born to parents who are on temporary visas may have to apply for dependent visas. They may lose their immigration status at age 21. H-1B families could run into travel delays. Their employers may face increased visa sponsorship costs.

Stricter Work Visa Requirements

The administration plans to introduce new salary thresholds for H-1B and L-1 visas.

The aim of this is to ensure that higher-paid jobs go to U.S. workers first. This will result in increased employer verification and compliance audits. Companies that sponsor foreign workers may face greater costs and risks.

This could make it harder for current H-1B visa holders to maintain and renew their status, especially with stricter requirements for employers to prove that they cannot hire an American worker before sponsoring an H-1B visa.

It could also lengthen visa processing delays connected to background checks and hinder the travel of employees with temporary work visas.

Mass Deportations and Interior Enforcement

Intensifying the removal of illegal immigrants—including the targeting of visa overstays—via mass deportations is central to the Trump administration’s immigration policy. This is also called “interior enforcement.” The White House is considering invoking the Alien Enemies Act to provide legal justification for mass deportations.

The first Trump administration used expedited removals against undocumented migrants in areas within 100 miles of U.S. borders. The new administration has expanded expedited deportations to apply throughout the entire country and to anyone who cannot prove they have been in the country for over two years.

It has also revoked Temporary Protected Status from thousands of immigrants, making those individuals more vulnerable to deportation.

Executive orders emphasizing interior enforcement could lead to stricter monitoring and deportation of H-1B holders out of status.

This may raise concerns in H-1B communities about whether holders are still in compliance with the law and whether they’ll run afoul of local law enforcement.

Border Security and Visa Entry Restrictions

Another executive order declares a national emergency at the southern border of the United States. It concerns the use of additional personnel and equipment as well as revamped policies to increase customs enforcement and border enforcement along the southern border. It’s not directly relevant to most Indian H-1B seekers.

However, the executive order, Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, is more relevant to H-1B applicants. It requires the Department of Homeland Security and Department of State to enhance vetting for visa applicants and others who are already physically present in the United States.

Expect to see greater restrictions on non-immigrant visa entry in the future, especially for B-1/B-2, F-1, and J-1 visa holders.

This may result in security-related delays for visa applicants and longer waiting times for approvals.

Asylum and Refugee Program Reduction

Under another executive order, Realigning the United States Refugee Admissions Program (USRAP), most applications for refugee status have been suspended. An app that allowed applicants to request asylum was eliminated, and tens of thousands of appointments have been canceled so far.

The refugee resettlement program has been paused until further notice. The cap on refugee admissions will be lowered significantly this year. The Department of Homeland Security and Secretary of State will admit refugees on a case-by-case basis.

These new policies are forcing those filing asylum claims to wait outside the United States while their cases are being processed. This is similar to the Remain in Mexico policy, which requires Mexican asylum seekers to return to Mexico to await asylum hearings in U.S. immigration court.

This could lead to humanitarian concerns and lengthen processing delays for refugees and asylum seekers already in the system.

How Trump’s Executive Orders Could Reshape the U.S. Immigration System

Green Card applicants should be prepared for potential changes to immigration laws and practices that may include the following.

Longer Processing Times and Higher Denial Rates

Visa approvals may take months longer than in years past because of increased security checks by the federal government.

H-1B, L-1, and Green Card applicants are likely to face stricter vetting, requests for evidence (RFEs), and higher rejection rates.

This may also mean increased scrutiny for jobs, salaries, and degrees.

Those who travel into and outside the United States are likely to encounter greater scrutiny at ports of entry, too. H-1B holders and dependents should be ready to present their papers upon request.

Fewer Legal Immigration Pathways

If access to family-based Green Cards is further restricted, this will affect permanent residency options.

If fewer work visas are issued, companies may also struggle to fill high-skilled positions.

Employer Hesitation to Hire Foreign Workers

Companies will generally face more regulations and compliance risks for hiring foreign workers.

This may discourage companies from hiring H-1B visa holders, which may impact the technology and healthcare industries in particular.

Other Effects on H-1B Visa Holders

Changes to the H-1B Lottery and Selection System

The H-1B lottery system now prioritizes applicants with higher wages, replacing the previous random lottery system.

This means lower-paid H-1B applicants (such as recent graduates) will have very little chance of being selected. Those who are likely to be most affected include STEM graduates looking to transition to an H-1B, mid-level tech workers earning between $70,000 and $100,000 a year (since the new system favors those with annual salaries above $120,000), or professionals in fields where wages tend to be low.

H-4 Dependent Visa Holders Face Uncertainty

The White House is moving to revoke employment authorization documents for H-4 visa holders, who are the spouses of H-1B holders. This would mean they would lose the right to work in the United States.

Dual-income H-1B families could face financial strain if one spouse cannot contribute financially.

Many skilled professionals on H-4 visas may be forced into unemployment.

Increased Risk of H-1B Visa Holders Falling “Out of Status”

Trump’s immigration enforcement policies mean that H-1B holders who are laid off now will have a shorter grace period to find a new job before being forced to leave the United States.

Previously, H-1B workers had 60 days to find a new employer. This has been shortened to 30 days. It’s much more difficult to secure new employment under this narrow window.

If H-1B workers cannot find a new sponsor within that 30-day time frame, they must leave the United States immediately. If they overstay, they will be disqualified from receiving future U.S. visas.

EB-5: A More Secure Alternative for Employment-Based Immigrants

The EB-5 Immigrant Investor Program allows foreign nationals to obtain a U.S. Green Card through investment. As many Indian investors have discovered, it’s a quick and direct pathway to lawful permanent residency in the United States.

Ordinarily, a foreign national must invest a minimum of $1,050,000 to qualify. However, those who select projects located in targeted employment areas (TEAs) are eligible for a discounted cost of $800,000.

This investment must create at least 10 full-time jobs for U.S. workers. In return, the foreign national and qualified family members will receive Green Cards. This is an attractive option for H-1B professionals seeking a more reliable pathway to long-term residency in the United States.

These are the main steps of the EB-5 investment process:

• Select an EB-5 project.
• Invest the required capital and file Form I-526/I-526E and Form I-485.
• Gain conditional permanent resident status.
• Fulfill the job creation and other program requirements.
• File Form I-829 to remove conditions from permanent resident status.

Trump has also mentioned his intention to introduce a “Gold Card” as a potential replacement for the EB-5 visa. However, this is highly unlikely to materialize in the short term, as it would require a lengthy legislative process with multiple steps. A bill would need to be drafted, reviewed in committee, debated in both the House and Senate, and ultimately passed by Congress before being signed into law. The President cannot unilaterally enact such a change, and even if Congress chose to pursue Trump’s proposal, the process would take time. This is why H-1B holders or applicants still have the opportunity to obtain an EB-5 Green Card through one of the fastest available pathways by acting now.

Key Benefits of EB-5 Over H-1B

No Employer Sponsorship Required

H-1B visas require employer sponsorship. This means that a worker’s immigration status depends entirely on their job. An H-1B worker who has been laid off usually needs to find a new employment sponsor quickly or leave the country.

With the EB-5 program, you are in control of your immigration status. No employer approvals, audits, or sponsorships are needed. Since an EB-5 visa is not connected to your employment status, you don’t even have to be employed.

Freedom to Work, Live, or Retire Anywhere in the United States

As previously mentioned, H-1B holders are restricted to a specific employer, job role, and location.

However, EB-5 recipients gain permanent residency. This means they are eligible for much greater flexibility, and may:

• Work in nearly any industry without restrictions.
• Negotiate higher salaries than other foreign workers, because their visas are not dependent on sponsorship.
• Live nearly anywhere in the United States without geographic restrictions.
• Retire or start a business without worrying about visa renewals.
• Bring qualified family members (your spouse and unmarried children under the age of 21) to the United States with you. Children won’t age out of eligibility during the application process.

Protection Against H-1B Uncertainty and Layoffs

Under Trump’s executive orders, H-1B workers who lose their jobs must depart the United States within 30 days.

However, the EB-5 program provides a Green Card, which ensures long-term residency even if their employment changes.

Shorter Green Card Waiting Time for Some Applicants

Some H-1B holders who apply for EB-2 or EB-3 visas will face decades-long wait times to get their Green Cards.

However, EB-5 processing can be completed in under a year for eligible applicants, offering a faster route to lawful permanent residency.

Work With EB5AN to Get Your EB-5 Green Card

Foreign workers, their family members, and employers face significant and growing uncertainty under the second Trump administration.

Indian H-1B applicants and holders are among those who should expect to see major changes in response to Trump immigration policy. Green Card seekers should consider options such as the EB-5 program.

The EB-5 visa is a great option for H-1B visa holders and other foreign nationals looking to secure permanent residence in the United States.

If you’re an Indian H-1B worker looking to stay in the United States, it’s a good idea to contact a reputable EB-5 investment firm for the best chance of securing Green Cards for yourself and your family. Also be sure to consult with an experienced immigration attorney.

EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Book a free call with us today to find out more about becoming a Green Card holder under the EB-5 program.