Washington DC:

US President-elect Donald Trump has appointed immigration hardliner and close aide, Stephen Miller, as his White House deputy chief of staff for policy. Confirming Millar’s appointment, Vice President-elect JD Vance on Monday, congratulated the incoming deputy chief of staff for policy on X, calling him “another fantastic pick by the president.”

Mr Miller was part of the president-elect’s first administration and served as his senior adviser and director of speech-writing at the White House. He was also a central figure behind several of Mr Trump’s policies on immigration, including the Muslim travel ban and the 2018 family separation policy.

Miller’s Stance On H-1B Visas

Known for his extremist rhetoric, Mr Miller was a frequent presence during the president-elect’s 2024 campaign, often seen speaking at Mr Trump’s rallies. Addressing Mr Trump’s infamous Madison Square Garden rally in New York which saw an attendance of nearly 19,500 Americans, Mr Miller told the crowd that “America is for Americans and Americans only” and promised to “restore America to the true Americans”.

Last year during an interview with the New York Times, Mr Miller asserted that if Mt Trump was re-elected, his administration would bring policies to restrict legal and illegal immigration. He also talked about plans to detain undocumented immigrants in camps while they await expulsion.

During Trump’s first administration, Miller helped in drafting the Cruz-Sessions bill that prohibited international students with a master’s or bachelor’s degree from working in H-1B status in the US for at least 10 years. 

Now in his new role in Trump 2.0, Mr Miller is expected to continue his advocacy for restrictive immigration policies, including limits on H-1B visas. He argues that the H-1B program can lead to American worker displacement and wage suppression.

Trump Administration And Immigration 

Trump administration’s stance on immigration has often been at odds with economic consensus, which shows that skilled immigrants and international students benefit the US economy. As president, Mr Trump did not enact any measures to increase access to H-1B visas, and his second term will likely be similar. Policies introduced during his presidency also saw a rise in visa denial rates and a narrowing of the definition of “speciality occupation,” reducing the positions eligible for H-1B workers.

In 2020, before Mr Trump left office, his administration published a restrictive H-1B rule, which was blocked by a court for violating the Administrative Procedure Act. As per a report by Forbes, the rule included numerous provisions to prevent companies from employing foreign-born scientists and engineers, such as changing who and what positions could qualify for an H-1B speciality occupation.

Taking his previous administration’s agenda forward, Mr Trump has also appointed former acting Immigration and Customs Enforcement (ICE) director Tom Homan as his administration’s “Border Czar.” In a post on his Truth Social platform, the President-elect said that Homan would oversee the border security of the US along with maritime and aviation security. He also stated that Mr Homan would oversee deportation policies.

Together, Miller and Homan are anticipated to work closely in implementing the Trump administration’s restrictive immigration measures.

The Forbes report said that if President Joe Biden’s administration does not finalize the H-1B “modernizing” rule before he leaves the Oval Office, a new Trump administration could issue the H-1B rule with its priorities rather than those of the Biden team. 

As per the report, the new rule would likely be far more restrictive than the current H-1B regulation or what US Citizenship and Immigration Services proposed in October 2023. 
 

A White House Commission has recommended issuing an employment authorisation card and other necessary travel documents at the preliminary stage of the Green Card application processing system, a proposal if approved by the U.S. President would be a big relief to thousands of foreign professionals, an overwhelming majority of whom are Indians.

A recommendation on this was approved by the White House Commission for Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Affairs on October 26.

A Green Card, known officially as a Permanent Resident Card, is a document issued to immigrants to the U.S. as evidence that the bearer has been granted the privilege of residing permanently.

There are multiple stages in the Green Card application process, and it starts with employers filing I-140 applications, and the next important step is an adjustment of status called I485.

This is when they currently get their Employment Authorisation Card – EAD and travel documents Advance Parole, which allows them to work for any employer till their Green Card application is processed, explained Indian American community leader Ajay Jain Bhutoria who moved the recommendation during the latest meeting of AANHPI this week.

If the proposal accepted by U.S. President Joe Biden would come as a big relief to hundreds and thousands of foreign professionals, an overwhelming majority of whom are Indian Americans whose Green Card wait period now runs into decades. During the meeting, Bhutoria, who is a member of the White House Commissioner for Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Affairs moved the recommendation.

According to it, the Department of Homeland Security’s US Citizenship and Immigration Services (DHS USCIS) should grant employment authorisation documents (EADs) and travel documents to individuals who have approved I-140 employment-based visa petitions in the EB-1, EB-2, EB-3 categories, who have been waiting in the visa backlog for five or more years, regardless of whether they have filed applications for adjustment of status.

The validity of the EAD and travel documents should be till their Green card application final stage is processed, said the recommendation, which now has been accepted by the Commission.

Since only a limited number of green cards can be issued every year, there is a backlog of over 1.8 million Green Card applications and this impacts primarily people from AAPI countries including China, the Philippines, and India, among others.

Processing may take 5-20 years and in some cases over 50 years. Based on the current backlog situation, people may not get their green cards in their lifetime, Mr. Bhutoria said.

So the worker has to continue working for the same employer often in the same position for many years facing discrimination and exploitation, he said, adding that often they end up working for positions and compensation much lower than their skills, potential and experience.

Job portability is very low and one cannot easily switch from one employer to another employer, and this creates pressure, dissatisfaction, and unhappiness on individuals and their families, Mr. Bhutoria said.

This in turn leads to mental health issues in AAPI communities, the uncertainty and risk of losing the job and leaving this country is very high, often jeopardising kids’ school and college education, he noted, adding a worker has to perform under such difficult circumstances.

According to Mr. Bhutoria, the implementation of the recommendations would enable freedom of movement between employers without restrictions, benefiting both workers and the economy, facilitate travel by obtaining advance parole, avoid visa appointment backlogs at the U.S. embassies and support care for ageing parents in home countries.

It would also address workforce shortages, particularly in critical areas like healthcare and STEM (Science, Technology, Engineering and Mathematics) fields, bridging gaps in rural communities and providing coverage for specialised jobs, he said.

It would offer protection against deportation in times of health crises leading to disability or death of spouse on H-1B, ensuring fair and humane treatment and mitigating wage stagnation, enhancing career opportunities, and reducing the burden of temporary status, leading to improved mental health and well-being for immigrants and their families, he added.

The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

“The recommendation has the potential to bring about historic changes in the U.S. immigration system, benefiting both the nation and highly skilled foreign-born individuals eager to contribute to the United States,” Mr. Bhutoria said during the meeting of the Immigration subcommittee.

“By encouraging entrepreneurship, addressing workforce gaps, and promoting innovation, the United States stands to gain significant economic advantages, solidifying its position as a global hub for talent and innovation,” he said.