Immigration Resource
Are work-based visas still available?
Work-based visas that allow temporary immigration to the US are still available. One commonly used category for workers from India is the H-1B visa for Specialty Occupations, which is issued to workers with specialized skills. The limit on how many new H-1B visas are granted each year is 65,000, plus another 20,000 for those with advanced degrees (master’s degree or higher). Workers who already have H-1B visas are not counted in the annual limit and they can renew their visas, usually up to 6 years.
While H-1B visas have been available for decades, they are facing increased scrutiny under the Trump administration. In April 2025, immigration lawyers started receiving requests from USCIS to take biometrics of individuals renewing their H-1B visas or applying for an employer-sponsored Green Card. The Trump administration has made clear that it will be increasing screening for immigrants, including both temporary or permanent residents, and taking measures to combat fraud in the H-1B petition process. It is entirely possible that USCIS will deny more H-1B applications and renewals, just as it did in the first term of the Trump administration. But there is no clear policy on what the administration will be changing for H-1B visas.
If I lose my current H-1B employment, what should I do?
If you lose or leave your job while you are in the US on an H-1B visa, you have a 60-day grace period before you have to leave the US (unless your H-1B visa has an earlier end date, then you must leave by that end date). During that time, you should continue to look for new jobs and apply to adjust your status, including a request for the 60-day grace period for yourself and your family members. Speak to an immigration attorney immediately to figure out your best option.
You might be eligible to change your status to:
- Student status (F-1 or J-1)
- Visitor status (B-1 or B-2)
- Work-based visas in a different classification (TN, E-3, H-1B1)
- Dependant of your spouse (H-4 or L-2)
During this time, you cannot leave the US, otherwise your grace period will end and you will not be allowed to return without another visa.
What happens to my family if I lose my employment as an H1-B visa holder?
Family members (spouse and children under 21) of an employee with an H-1B visa are eligible for H-4 visas. On an H-4 visa, family members are allowed to study, but they cannot work unless they have their own employment authorization. Any H-4 visas for family members require an active H-1B visa for the employee. When the H-1B visa holder loses their job, the family will also lose their visas at the end of the 60-day grace period (or earlier, if the visas have an earlier end date). That means that the H-1B visa holder needs to make sure each of their family members on an H-4 visa has changed status or leaves the country when their visas expire.
Options for family members on H-4 visas include:
- Applying for jobs with a work-based visa (and then applying for dependent visas for family members)
- Applying for student or visitor visas
- Leaving the country when their visa or status expires
During the 60-day grace period, you cannot leave the US, otherwise your grace period will end and you will not be allowed to return without another visa.
If I have a baby, will my baby be born a citizen of the US?
As of May 2025, all babies born in the United States have US citizenship and parents can immediately apply for a US passport for those babies.
Under Executive Order 14160 issued by the Trump administration, US citizenship and passports would only be issued to babies who are born when at least one parent has a Green Card or US citizenship. But this Executive Order was blocked by court order and did not take effect. The US Supreme Court is reviewing the case and there should be a decision by Summer 2025, so we will provide updated information when it is available.
Should I be concerned about my social media?
For years, USCIS has been able to screen social media for visa applicants and use that information when making discretionary decisions about immigration benefits. However, immigration-related scrutiny has been very high since January 2025. Specifically, USCIS has “adopted social media vetting for. . . [visa-holders or immigrants] endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organization or other antisemetic of anti-American activity.” This is consistent with the current administration’s enforcement focus on anti-Israel activity and protests. USCIS promotes on its website that in the 100 days since President Trump took office on January 20, 2025, the agency screened social media activity for 3,568 people.
For those who apply for or have work-related visas, they need to be careful about their social media in the current climate. Because immigration to the US even on temporary visas is discretionary, you can lose access to that benefit and your visa for the kind of social media that is an enforcement priority right now: anti-Israel or anti-semetic content.
Do work visa-holders have the right to free speech in the US?
The First Amendment of the US Constitution guarantees the right to free speech for everyone in the US, regardless of their immigration status. In reality, individuals with visas or Green Cards have faced repercussions for engaging in a broad range of protest activity. Because protests can range from peaceful demonstrations to interference with traffic or government operations, it is more difficult to tell where the lines will be drawn for enforcement during a particular protest.
Given the Trump administration’s priorities, any immigrants or visa-holders might be subject to immigration consequences based on screening of their social media or other activity for content that is anti-semetic or conflicts with the priorities of this administration.
While legal battles play out, each individual has to make a decision about the level of risk they are willing to take in support of their beliefs. If you choose to protest or engage in other activism, see HAF’s guide to participating in protests and make sure to do so in a way that does not break other laws (for example, damaging private property, blocking streets without permission, or fighting/hurting other people).