What a Trump or Harris win would mean for Indians looking to get H-1B visa

The H-1B visa is what allows IT companies including Tata Consultancy Services (TCS), Infosys, HCL Technologies, and Wipro send employees to the US. However, they also rely on US-based clients for more than 50% of their revenue.(AP)


With the US elections scheduled to be held on Tuesday, November 5, 2024, H-1B visas remain an important point of discussion, highlighting the question of what would happen to to the annual allotment of 85,000 H-1B visas if either Donald Trump or Kamala Harris comes to power.

The H-1B visa is what allows IT companies including Tata Consultancy Services (TCS), Infosys, HCL Technologies, and Wipro send employees to the US. However, they also rely on US-based clients for more than 50% of their revenue.(AP)

“If either of them comes into power, there will be changes expected. Though Kamala Harris won’t mess with H-1B visas too much,” a Moneycontrol report quoted Poorvi Chothani, founder and managing partner at immigration law firm LawQuest, as saying.

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What is the H-1B visa?

The H-1B is a non-immigrant visa which allows US-based companies to hire and employ foreign workers for specialty jobs like science, technology, engineering, mathematics (STEM), and IT.

Why are H-1B visa policy changes a sensitive matter?

The H-1B visa is what allows IT companies including Tata Consultancy Services (TCS), Infosys, HCL Technologies, and Wipro send employees to the US.

However, they also rely on US-based clients for more than 50% of their revenue according to the report.

Kamala Harris on H-1B visas

While Kamala Harris has supported open immigration policies, including that of continued work authorisation for H-1B spouses, she has been silent on country-specific caps for green cards.

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However, she did support the lifting of country-wise caps on employment-based green cards for H-1B workers during her 2019 Democratic nomination.

“Kamala believes we must do more to eliminate discriminatory backlogs and protect immigrant workers so they can stay in our country and continue to contribute to the economy,” her campaign statement read and even highlighted that 95% of those in line for green cards are from China, India, the Philippines, and Vietnam.

Donald Trump on H-1B visas

Donald Trump had previously called the H1-B visa as “very bad” and “unfair” to US workers. There are possibilities he may overhaul it if he comes to power.

When he was President in 2020, the US labour department proposed a new rule to raise the minimum wage of a H1-B visa holder to that of the standard US worker, but this was blocked later.

A Wall Street Journal report also revealed plans for the future Homeland Security secretary to sign an order which restricts legal immigration pathways. This was based on interviews with former Trump officials and campaign groups.

Advisers including Stephen Miller and the America First Policy Institute, are also reportedly preparing executive orders, regulations, and memos for this, according to the report.

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