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This Trump Pick Might Spell Trouble For Indian Techies, H-1B Visa Seekers

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 Miller’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.

H-1B Request Denial Under Trump Administration

An H-1B visa is often the only way a high-skilled foreign national can work long-term in the US.

In Mr Trump’s first term, officials issued memos and policy guidance, which raised the H-1B petition denial rate from 6 per cent in FY 2015 to 24 per cent in FY 2018 and 21 per cent in FY 2019.

As per the Forbes report, after a legal settlement in June 2020, denial rates descended to pre-Trump levels to 4 per cent in FY 2021 and 2.2 per cent in FY 2022.