US President Donald Trump’s immigration policies are increasingly targeting not only undocumented migrants but also legal immigrants, international students and skilled foreign workers, according to immigration law expert Stephen Yale-Loehr.
In an interview with Firstpost, the retired Cornell Law School professor said the administration’s approach amounts to a broad restriction of immigration rather than a fundamental reform of the US system. He argued that the tightening of the H-1B visa programme could ultimately hurt American businesses and the country’s ability to attract global talent.
The H-1B programme currently provides 65,000 visas annually, with another 20,000 reserved for foreign nationals holding advanced degrees from US institutions.
Trump Expands Immigration Crackdown
Yale-Loehr said the major difference between Trump’s current immigration agenda and his first administration is its scope.
During Trump's first term, immigration enforcement largely focused on undocumented migrants and tougher border controls. The current administration, he said, is attempting to restrict both legal and illegal immigration.
The change has implications for workers, students, employers and universities that depend on international talent.
For Indian professionals, the H-1B programme is particularly important because Indians account for a large proportion of H-1B beneficiaries, especially in technology and other specialised occupations.
H-1B Rules Face Pressure
The administration has introduced or proposed several measures affecting H-1B holders. Among the most controversial has been a proposed $100,000 fee associated with certain new H-1B applications, raising concerns among employers and foreign professionals.
The administration has also moved to tighten conditions surrounding visa holders, increasing uncertainty for people whose employment and long-term immigration plans depend on the programme.
Yale-Loehr argued that these measures amount to a shrinking of the programme rather than the structural overhaul supporters of immigration reform might expect.
Legal Challenges Could Follow
Some of the administration’s immigration measures could face challenges in federal courts, Yale-Loehr said.
Immigration policy is governed by a complex combination of congressional statutes, executive authority and administrative rules. When agencies impose restrictions beyond what existing law permits, affected individuals, universities or businesses can challenge them.
The professor pointed to recent litigation over immigration restrictions as evidence that courts could play an important role in determining how far the administration can go.
Indian Students Face Delays
The impact is not limited to H-1B workers. International students seeking to study in the United States are also encountering additional scrutiny.
Yale-Loehr said students applying for F-1 visas can face longer processing times, additional background checks and social-media vetting. These measures can make the US a less predictable destination for international students.
The uncertainty is particularly significant for Indian students, who form one of the largest international student groups in American higher education.
CPT Rules Add Uncertainty
Another area of concern is Curricular Practical Training (CPT), which allows eligible international students to undertake practical work connected with their academic programmes.
Yale-Loehr said immigration authorities are taking a stricter approach to CPT eligibility. Under the interpretation he described, practical training may need to be required as part of a student's major rather than simply being an optional component.
That could reduce internship opportunities for international students in fields such as computer science and engineering.
US Risks Losing Talent
The broader concern, according to Yale-Loehr, is the potential economic cost of restricting legal immigration.
American technology companies, universities, hospitals and research institutions have long recruited highly skilled workers and students from around the world. Greater uncertainty could encourage some prospective migrants to choose competing destinations instead.
For Indian professionals in particular, changes to H-1B rules could influence decisions about studying, working and building careers in the US.
‘Shooting Itself in the Foot’
Yale-Loehr’s central argument is that the US risks undermining its own economic interests by making legal immigration more difficult.
Rather than producing a sweeping overhaul of the immigration system, he said the administration is effectively shrinking established legal immigration pathways.
The consequences could extend beyond individual visa holders. If skilled workers, researchers and international students increasingly view the US as difficult to enter or remain in, American employers and universities could face a smaller global talent pool.
For a country whose technology and research sectors rely heavily on international expertise, that could become a significant long-term disadvantage.
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