For decades, the H-1B visa program has served as a powerful economic bridge between the United States and India, fueling innovation, entrepreneurship, and global leadership. Indian professionals—particularly in technology, healthcare, engineering, and research—have played a transformative role in shaping modern America. From Silicon Valley startups to Fortune 500 boardrooms, Indian-origin talent has contributed not only skills, but vision, resilience, and a deep commitment to growth.

However, recent policy shifts under the Trump administration threaten to disrupt this mutually beneficial relationship. By sharply increasing costs, restricting access, and restructuring how visas are allocated, these changes risk undermining U.S. economic competitiveness while weakening one of the most successful immigrant success stories in American history.

At the heart of the issue is a fundamental misunderstanding: restricting high-skilled immigration does not protect the U.S. economy—it constrains it.

Key Challenges

Recent changes to the H-1B program risk undermining U.S. economic and strategic interests in several critical ways:

Undermining U.S. Competitiveness
Restrictive H-1B policies are not eliminating demand for talent—they are simply redirecting it. Research suggests that for every rejected H-1B visa, companies hire between 0.4 and 0.9 skilled workers abroad. This means jobs that could have been created in the United States are instead moving overseas. For Indian professionals—who form a significant portion of the H-1B workforce—this shift could accelerate the growth of global innovation hubs in cities like Bengaluru, Hyderabad, and Toronto. Strategic sectors such as artificial intelligence, cloud computing, semiconductors, and biotechnology are particularly vulnerable. By limiting access to global talent, the U.S. risks losing its leadership position in the very industries that will define the future.

Weakening the Labor Market
The introduction of dramatically higher H-1B-related fees—reportedly reaching up to $100,000 in some cases—creates a major barrier for employers. At a time when the U.S. is already facing shortages in STEM talent, healthcare professionals, and specialized engineers, restricting this pipeline is counterproductive. Indian professionals have historically filled critical gaps, often enabling companies to expand operations and hire more American workers in complementary roles. Limiting their entry will not solve labor shortages—it will deepen them, slowing innovation and increasing costs across industries.

Harming Employers—Especially Small and Mid-Sized Businesses
The burden of these policy changes will fall disproportionately on smaller organizations. While large tech giants may be able to absorb higher hiring costs, startups, small businesses, hospitals, and manufacturing firms will struggle. These organizations rely heavily on access to skilled talent to remain competitive and grow. With six-figure hiring costs, many will be forced to either scale back hiring or shift operations overseas. This is particularly alarming given that small businesses have contributed approximately 55 percent of net job creation in the United States over the past decade. By limiting their access to talent, these policies risk stifling one of the most dynamic drivers of economic growth.

Misaligning Visa Allocation with Strategic Needs
The shift toward a wage-based selection system introduces another structural problem. By prioritizing applicants offering the highest salaries, the system assumes that compensation is the best measure of value. In reality, innovation often comes from early-career professionals, researchers, and specialists working in emerging fields. Many Indian engineers and graduates enter the workforce at this stage and go on to become entrepreneurs, CEOs, and pioneers of new technologies. By crowding out this group in favor of higher-paid, often more established roles, the policy risks undermining long-term innovation and economic vitality.

The Indian-American Contribution

The Indian-American community stands as one of the most compelling examples of the success of high-skilled immigration. With some of the highest levels of education and professional achievement in the country, Indian-Americans have made outsized contributions across sectors. They lead major technology firms, drive medical innovation, build successful businesses, and contribute to academia and public service.

Many of these success stories began with an H-1B visa. What starts as an opportunity for a young engineer or doctor often evolves into entrepreneurship, job creation, and long-term community leadership. By restricting access to this pathway, the U.S. risks breaking a cycle that has consistently delivered economic and social returns.

A Global Shift in Talent

Perhaps the most significant long-term risk is the global redistribution of talent. Countries such as Canada, the United Kingdom, and Australia are actively designing immigration systems to attract the very professionals the U.S. is now discouraging. At the same time, India itself is rapidly emerging as a global innovation hub, offering increasing opportunities for skilled professionals to thrive domestically.

If the U.S. becomes less accessible, the world will not run out of talent—it will simply relocate. Companies will follow. Investments will follow. And over time, leadership in key industries may follow as well.

A Better Path Forward

A more strategic approach would recognize that high-skilled immigration is not a threat but a national asset. Instead of broad restrictions, policymakers should focus on targeted reforms—supporting startups and small businesses, aligning visa allocation with critical industries, and ensuring that early-career talent continues to have opportunities to contribute.

Encouraging mobility within the labor market, reducing bureaucratic hurdles, and maintaining America’s reputation as a welcoming destination for global talent are essential steps in preserving long-term competitiveness.

The new H-1B policies may be driven by a desire to protect American workers, but their unintended consequences could be severe. By raising costs, limiting access to talent, and encouraging businesses to look abroad, these changes risk weakening the very foundation of U.S. economic strength.

For the Indian-American community, this is not just a policy issue—it is a turning point. It challenges a legacy built on contribution, opportunity, and mutual growth between two great nations.

In a global economy defined by knowledge and innovation, the choice is clear: nations that attract talent will lead, and those that restrict it will fall behind.

Anjali V. Deshmukh 

Anjali V. Deshmukh is an immigration lawyer in Washington, D.C. who has been working in the field for more than 15 years. She focuses on employment and religious worker visas. She graduated from Georgetown University Law Center and has spent her career helping South Asian non-profits and cultural institutions understand the complicated rules and regulations that govern immigration in the United States. Anjali speaks at national legal forums a lot, and she cares deeply about giving the Indian-American community the legal clarity it needs to protect its rich spiritual and cultural traditions. You can reach her by email at anjali@deshvidesh.com.

By Anjali V. Deshmukh

The Department of Homeland Security (DHS) put out an interim final rule called “Improving Continuity for Religious Organizations and Their Employees” on January 16, 2026. “This rule gets rid of the one-year “cooling-off” period that R-1 religious workers had to go through after they had been in the country for five years. Pujari ( Priests)  still have to leave the U.S. when they reach the five-year limit, but they can now come back right away after getting a new visa stamp.” This feature makes it much easier for Hindu temples to find staff. Hindu temples all over the United States have finally gotten over a problem that has been around for a long time.

Before, a  Pujari  who had been in the U.S. on an R-1 visa for five years had to live outside the country for a full year before they could apply to come back. For many temples, this meant losing their spiritual leader just when the community needed them the most. Because there were so many people waiting for Green Cards (EB-4), these “one-year gaps” often turned into permanent departures, which meant that temples were always looking for new Pujari.

The new rule for 2026 gets rid of that mandatory wait.  Pujaris still have to leave the U.S. after five years, but they can now apply to come back right away. This lets temples file a new petition up to six months ahead of time, so a  Pujari can “rotate” back into service as soon as they finish an interview for a visa at an Indian consulate.

This makes sure that our mandirs can always have trusted Pujari on hand for the Hindu-American community. This change recognizes that our Pujaria are important to the moral and social fabric of our community, which will help keep our traditions alive and well for many years to come.

About the Author

Anjali V. Deshmukh is an immigration lawyer in Washington, D.C. who has been working in the field for more than 15 years. She focuses on employment and religious worker visas. She graduated from Georgetown University Law Center and has spent her career helping South Asian non-profits and cultural institutions understand the complicated rules and regulations that govern immigration in the United States. Anjali speaks at national legal forums a lot, and she cares deeply about giving the Indian-American community the legal clarity it needs to protect its rich spiritual and cultural traditions. You can reach her by email at anjali@deshvidesh.com.

When the first large waves of Indian immigrants began arriving in the United States in meaningful numbers after the mid-1960s, most came with little more than suitcases, degrees, and an almost stubborn faith that hard work could outrun hardship. They entered a country that often knew little about India beyond vague stereotypes—curry, cows, “exotic” spirituality, and Bollywood caricatures. In many towns, an Indian face drew curious stares. In some workplaces, an Indian accent drew quiet prejudice. In too many neighborhoods, an Indian name was mispronounced so routinely that families learned to answer to a shortened version just to make life easier.

“Yet something remarkable happened over the next half century. Indian-Americans did not merely “assimilate.” They achieved it. They built. They contributed. And now—most strikingly—they lead.”the 

Today, Indian-Americans sit in America’s most influential boardrooms, help shape public policy, run major institutions, and define the cutting edge of technology and medicine. They are entrepreneurs who create jobs, physicians who heal communities, professors who guide generations, and public servants who steward civic life. Indian-Americans have transformed from a small, often invisible immigrant group into one of the most visible—and impactful—communities in the modern American story.

This is not a simple success narrative. It is a complex, multi-generation rise—anchored in sacrifice, education, and family values, yet tested by shifting politics, cultural pressures, and new waves of backlash. It is a rise that continues, even as the winds change.

This is the rise—and rise—of Indian-Americans.

A Community Built on Courage and Calculation

To understand Indian-American influence today, one must first understand Indian-American beginnings in the U.S.—especially after the Immigration and Nationality Act of 1965 reshaped who could legally enter America and on what basis. “The earliest post-1965 arrivals tended to be highly skilled: doctors, engineers, scientists, teachers, and researchers.” Many entered through pathways that favored professional qualifications. Their first decades in America were not glamorous. They were full of long hours, frugal living, and cultural adjustment.

For many families, the American dream did not begin with a big house. It began with a rented apartment, a used car, and a strict household budget. Parents worked double shifts. Mothers and fathers—often both—took on jobs that matched neither their talents nor their aspirations while they studied for licensing exams, built credentials, and navigated unfamiliar systems.

And they did all of this while carrying a heavy emotional burden: the responsibility to prove that leaving India was not a mistake.

This pressure shaped a powerful ethic in the community: do not waste opportunity. Education was not simply encouraged—it was revered. Discipline was not merely a virtue—it was survival. Family unity became both emotional support and strategic advantage.

Education: The Great Elevator

If there is one pillar beneath Indian-American success, it is education.

In Indian-American households, school was not optional. It was central. Report cards were discussed the way other families discussed sports. Math was treated like a language of advancement. Science fairs became family projects. College admissions were approached like long-term planning.

This cultural emphasis did not come from vanity—it came from understanding. For immigrants, education offered the most reliable protection against discrimination and instability. A degree could not be taken away by a biased boss or a suspicious neighbor. Credentials created leverage.

Over time, this focus yielded results that became statistically visible. “Indian-Americans increasingly emerged as one of the most highly educated groups in the United States, which translated into higher professional representation and higher income levels.” Education did more than create individual success. It created community positioning—placing Indian-Americans in sectors that influence national direction: medicine, technology, academia, and finance.

Medicine, Motels, and the First Wave of Economic Stability

Two early and iconic Indian-American pathways became symbols of immigrant adaptation: medicine and hospitality.

The Medical Backbone

Indian-American doctors and healthcare professionals became essential to America’s health infrastructure. Many served in underserved regions—rural towns, inner cities, and areas where physician shortages were severe. Hospitals across the U.S. came to rely on immigrant doctors, and Indian-American medical associations grew in size and stature.

The Motel Revolution

At the same time, another phenomenon took root: Indian-American dominance in the motel and hospitality sector. Families invested in small motels, worked them around the clock, lived on the property, and gradually expanded. It was not an easy life—but it created economic stability. It also demonstrated something deeper: Indian-Americans could succeed not only through degrees, but through grit, entrepreneurship, and family labor.

That first wave built the foundation. The next wave built influence.

Silicon Valley, Startups, and the Leap into National Power

As technology surged and America bec qdcame increasingly digital, Indian-Americans entered the field not as spectators, but as architects. The community’s strong STEM representation met a historic moment: the growth of the internet, software, cloud computing, AI, and the startup economy.

Over time, Indian-Americans rose into leadership positions in major corporations and became prominent founders in the startup ecosystem. The tech pathway became a second major engine of upward mobility—especially for the second generation, which had U.S. cultural fluency alongside inherited discipline.

By the 2000s and 2010s, Indian-American presence in technology was widely acknowledged. By the 2020s, it became unavoidable.

The shift was not merely economic. It was symbolic. When Indian-Americans lead companies that influence how billions of people communicate, learn, shop, and work, they are not just “successful.” They are shaping modern civilization.

Technology and Innovation: The Silicon Valley Powerhouse

Few communities have had as transformative an effect on the tech world as Indian Americans. From the circuit boards of the 1980s to the cloud computing empires of today, Indian-origin technologists have been central to the growth of the U.S. tech industry.

Leading tech giants are helmed by Indian-origin CEOs:

• Sundar Pichai of Google (Alphabet),
• Satya Nadella of Microsoft,
• Shantanu Narayen of Adobe,
• Arvind Krishna of IBM, and
• Parag Agrawal, former CEO of Twitter.

Their ascent is not just a personal achievement—it reflects a deep cultural reverence for STEM education, dating back to post-independence India’s focus on engineering and science. Many of these executives are alumni of India’s prestigious IITs (Indian Institutes of Technology), and they bring a global, innovation-first mindset that has helped shape Silicon Valley’s future.

“Indian Americans are not just CEOs—they are also startup founders, investors, and engineers. Nearly 8% of all tech startups in the U.S. are founded by Indian Americans.” Venture capitalists like Vinod Khosla and angel investors like Kavitark Ram Shriram (an early backer of Google) have backed some of the most successful startups globally.

This leadership has earned Indian Americans the informal title of the “Indian tech mafia,” a nod to their networking strength, collaborative mentorship, and influence on the future of innovation

Business and Entrepreneurship: Building Enterprises and Creating Wealth

Indian Americans are not just climbing corporate ladders—they are building the ladders themselves. From small businesses to global corporations, Indian-origin entrepreneurs have carved a formidable niche.

Examples of top business leaders include:

• Indra Nooyi, former CEO of PepsiCo, who transformed the company’s portfolio and made it one of the most sustainability-conscious corporations.
• Ajay Banga, the current President of the World Bank and former CEO of Mastercard, who emphasized financial inclusion and digital banking.
• Rakesh Gangwal, co-founder of IndiGo Airlines and a major philanthropist in education and healthcare.

In venture capital, Indian Americans are also making a splash. Firms like Khosla Ventures, Mayfield Fund, and Nexus Venture Partners are backing the next generation of global startups. Platforms like TiE (The Indus Entrepreneurs) have helped thousands of aspiring founders gain mentorship and capital.

On the grassroots level, Indian Americans dominate sectors like hospitality. The Patel motel network is an iconic success story—Indian Americans (many with the last name Patel from Gujarat) own over 40% of motels in the U.S., employing tens of thousands and serving millions of travelers.

From gas stations and Dunkin’ Donuts franchises to fintech startups and biotech firms, Indian Americans are redefining entrepreneurship in the 21st century.

Culture and Media: From Stereotypes to Storytellers

For many years, Indian Americans were portrayed through narrow, stereotypical lenses in American media—often reduced to taxi drivers, convenience store clerks, or nerdy side characters. That narrative is now being rewritten by a new generation of Indian American creators and performers who are proud of their heritage and bold in their storytelling.

From television to film to literature, Indian Americans are making waves:

• Mindy Kaling broke barriers as an actor, writer, and producer with shows like The Mindy Project and Never Have I Ever.
• Hasan Minhaj gained fame with Patriot Act, blending comedy and social commentary.
• Kal Penn, known for his acting and White House role, represents both Hollywood and public service.
• Padma Lakshmi, host of Top Chef, advocates for immigrant rights and food justice.

Indian American writers like Jhumpa Lahiri, Chitra Banerjee Divakaruni, and Akhil Sharma explore themes of migration, assimilation, and cultural duality. Their works have won Pulitzers, Booker nominations, and spots on bestseller lists.

Indian culture is now mainstream. Diwali is celebrated in the White House. Yoga is a multi-billion-dollar industry. Indian food is on every block in urban America. Bollywood collaborations with Hollywood are common, and sarees walk red carpets.

This cultural soft power is more than aesthetic—it is transformative, helping redefine what it means to be American.

Philanthropy and Civic Engagement: Quiet Giving, Enduring Impact

Indian-American success has been accompanied by a powerful culture of philanthropy and civic responsibility—often practiced quietly, yet delivering extraordinary impact. Giving within the community spans education, healthcare, disaster relief, food security, children’s welfare, and sustained support for temples and community institutions, with contributions flowing to causes in both the United States and India.

“This generosity reflects deeply rooted cultural values of seva (service) and dāna (charity). Many families give through grassroots efforts and religious or community organizations, while prominent leaders have scaled their philanthropy to create long-term, systemic change.”

Visionaries such as Romesh Wadhwani, founder of the Wadhwani Foundation; Prem Watsa, CEO of Fairfax Financial; and Rakesh Gangwal, co-founder of IndiGo Airlines, have made substantial contributions to education, entrepreneurship, healthcare, and public welfare. Alongside them, leaders like Atal Bansal and Dr. Kiran & Pallavi Patel have played pivotal roles in advancing healthcare, medical education, community development, and civic initiatives, further strengthening the philanthropic footprint of the Indian-American community.

The community’s responsiveness was especially evident during the COVID-19 pandemic, when Indian-American organizations rapidly mobilized to fund PPE supplies, vaccination drives, food assistance programs, and critical medical aid—both locally and in India during its most severe crisis.

Beyond charitable giving, Indian Americans are increasingly active in civic life, leading voter registration drives, youth leadership programs, and advocacy efforts related to public health, education, climate awareness, and social justice. Together, these philanthropic and civic endeavors illustrate a defining truth: Indian-American contributions extend far beyond economic success, shaping a legacy of service, responsibility, and nation-building on both sides of the globe.

From Model Minority to Political Force

For many decades, Indian-Americans were praised as a “model minority”—a label that sounded flattering but carried a hidden cost. It implied quiet success without civic voice. It often erased struggles and downplayed discrimination. It also positioned Indian-Americans as outsiders who “do well” but do not truly “belong” in leadership.

That has changed dramatically.

Indian-Americans are increasingly present in:

• local and state governments
• federal advisory roles
• judicial and policy institutions
• public advocacy networks

This political ascent reflects a generational shift. The first generation focused on stability. The second generation increasingly seeks representation. The third generation is learning to combine success with civic responsibility.

Influence is no longer limited to economic spheres. It is now electoral, cultural, and institutional.

Culture and Confidence: The New Indian-American Identity

One of the most profound changes in Indian-American life is cultural confidence.

In earlier decades, many Indian-American families quietly practiced their traditions—temple visits, festivals, prayers, language, and food—often within the private sphere. Some children felt pressure to “fit in” by minimizing what made them different. Many grew up balancing pride with awkwardness.

Today, a new reality is emerging:

• Diwali is mainstream and publicly recognized in many places.
• Yoga and Ayurveda are part of popular wellness culture.
• Indian food is not “foreign” anymore—it is fashionable.
• Indian fashion, music, dance, and cinema have global reach.

Indian-Americans are increasingly comfortable saying: “I can be fully American and fully Indian.” Not halfway. Not diluted. Fully.

This cultural confidence is not only personal—it is political. Communities with confidence advocate more strongly for their interests, their representation, and their dignity.

Youth and Education: The Next Generation Rising

The children of Indian immigrants—many born and raised in the U.S.—are now entering adulthood with a remarkable blend of traditional values and modern ambition. They’re equally comfortable performing Bharatanatyam and playing cricket as they are with coding in Python or engaging in civic debates. This generation is broadening the scope of what it means to be Indian American, pursuing excellence in diverse arenas and redefining success on their own terms.

“Indian American students continue to shine in academic and intellectual competitions. From the Scripps National Spelling Bee, where they’ve claimed over 20 titles in the past 25 years, to STEM contests like the Regeneron Science Talent Search, Intel ISEF, Math Olympiads, and robotics competitions, their brilliance is evident.” Many also take active roles in debate, public speaking, and community service.

Their presence in elite institutions—Harvard, Stanford, MIT, Yale, and others—is growing, not just in numbers but in impact. Today’s Indian American youth are pursuing careers in medicine, law, tech, and business—but increasingly also in public policy, journalism, activism, and the arts. Here are four shining examples of young Indian Americans redefining success:

1. Vaneeza Rupani – NASA’s Ingenuity Mars Helicopter

In 2020, Vaneeza Rupani, a high school student from Northport, Alabama, made national headlines when her winning essay earned her the historic opportunity to name NASA’s Mars helicopter—Ingenuity. As part of NASA’s “Name the Rover” essay contest, Vaneeza’s submission beat out thousands of entries from across the U.S. Her essay explained that “ingenuity” represents the power of innovation and creativity, especially under challenging conditions—qualities that have defined space exploration.

A daughter of Indian immigrants, Vaneeza’s achievement is symbolic of how Indian American youth are excelling in STEM not just academically, but also as thought leaders and communicators. Her recognition by NASA highlights how this generation is blending intellect with imagination, stepping confidently into global conversations.

Vaneeza has expressed aspirations to work in aerospace engineering or astrobiology, continuing her fascination with space. Her story has been celebrated in STEM education circles, particularly for inspiring more young girls—especially from minority backgrounds—to see themselves in science. With the word “Ingenuity” etched into NASA’s space exploration history, Vaneeza has already left a permanent mark on humanity’s journey beyond Earth.

2. Zaila Avant-garde – Scripps Spelling Bee Champion (with Indian American coaching)

Though Zaila Avant-garde, the 2021 Scripps National Spelling Bee champion, is not of Indian descent herself, her historic win was significantly influenced by the Indian American spelling bee coaching ecosystem. Zaila trained with Cole Shaan and Nihar Janga, both former Indian American spelling bee champions and mentors. This mentorship reflects a broader culture of excellence and support fostered by Indian American youth over decades.

To illustrate this culture more directly, consider Abhijay Kodali, who finished as a finalist in the 2021 Scripps Bee and had placed in previous years. Abhijay exemplifies the academic consistency and discipline common among Indian American students. He studied several hours daily, focusing not just on memorization but on understanding word origins, roots, and linguistic patterns.

This sustained excellence is also supported by programs like North South Foundation and South Asian Spelling Bee, which nurture talent from a young age. Abhijay and his peers are a testament to how community-based initiatives can generate global academic leaders.

These young spellers, many under 14, show that academic pursuit in the Indian American community is as much about passion and play as it is about performance.

Avanti Nagral – Harvard Student, Singer, and Activist

Avanti Nagral is a groundbreaking Indian American youth voice who defies traditional career paths. A Harvard graduate with a dual degree in psychology and global health, Avanti is also an internationally recognized singer-songwriter and content creator. Her music fuses Western pop and Indian classical elements, addressing themes like mental health, gender equity, and identity.

Born in Boston and raised between the U.S. and Mumbai, Avanti epitomizes the hybrid cultural upbringing of many Indian Americans. She was the first person to pursue a dual degree at Harvard and Berklee College of Music—blending academics with the arts in a way rarely seen.

Beyond performance, Avanti is a social impact advocate. Her YouTube channel features candid conversations about mental health, sexuality, and education. She has collaborated with global organizations like the UN, Global Citizen, and UNICEF, using her platform to speak on Gen Z issues with authenticity and empathy.

Avanti’s career trajectory breaks the “doctor-engineer” mold often associated with Indian American youth. She represents a new wave—one that values creativity, advocacy, and expression as equally powerful tools for shaping society. In doing so, she has become a role model for millions of South Asian teens worldwide.

Arjun Raj – Regeneron Finalist and Cancer Researcher

Arjun Raj, a high school student from Illinois, made headlines in 2022 as one of the top 40 finalists in the Regeneron Science Talent Search, one of the nation’s oldest and most prestigious STEM competitions. His project, focused on computational modeling of cancer cell mutation pathways, combined biology, data science, and AI—fields at the cutting edge of modern medicine.

Arjun’s research has implications for understanding how cancers evolve resistance to treatment, and his findings were strong enough to gain attention from university labs and scientific mentors. But what sets Arjun apart is not just the science—it’s his drive to use his knowledge for real-world impact.

A first-generation Indian American, Arjun credits his parents, both healthcare professionals, for inspiring his interest in science and service. In addition to his research, he volunteers at local clinics, mentors younger STEM students, and organizes coding bootcamps for middle schoolers in underprivileged areas.

His academic journey reflects the values of many Indian American families: excellence in education paired with a commitment to community upliftment. Arjun plans to pursue bioengineering and public health at the university level. He stands as a beacon of how Indian American youth are not just achieving—but giving back in meaningful ways.

The Backlash: When Success Triggers Resentment

No honest feature about Indian-American rise can avoid the uncomfortable truth: visibility invites backlash.

As Indian-Americans have become more prominent, certain segments of the American extreme right have responded with suspicion, resentment, and in some cases open hostility. This is not universal among conservatives, and many Indian-Americans themselves are politically diverse. But in recent years, a strain of nativist rhetoric—especially from parts of the MAGA-aligned ecosystem—has increasingly targeted immigrants, high-skilled visa holders, and minority communities perceived as “outsiders.”

Online Hate and Open Racism

A growing number of Indian-Americans have reported being targeted by racist rhetoric online. Some observers and advocacy groups have pointed to rising hostility aimed specifically at South Asian communities, connecting political rhetoric with social harassment. 

This hostility can be especially jarring for Indian-American conservatives who believed alignment with right-wing politics would shield them from racial targeting. In several highly publicized online episodes, even prominent pro-Trump Indian-American voices described shock at the language and intensity of racism directed at Indians.

Hate Incidents Remain a Serious Concern

Civil rights groups tracking hate crimes and hate incidents have warned that anti-Asian hate remains alarmingly high compared to pre-pandemic levels, even when year-to-year numbers fluctuate.

While “Asian” is broad and diverse, the data and anecdotal reporting underscore a wider environment in which South Asians can become targets—especially during moments of political agitation.

Trump Administration Actions and Their Ripple Effects

In 2025, Donald Trump began a second term as U.S. president.
His administration’s policy direction—particularly on immigration and federal governance—has had direct and indirect consequences for Indian-Americans, especially for families connected to high-skilled immigration pathways and international education.

1) A New H-1B Reality: The $100,000 Fee

One of the most consequential developments for Indian professionals has been the creation of a $100,000 fee tied to many new H-1B petitions under a presidential proclamation issued in September 2025, with implementation details later clarified by USCIS and discussed widely by policy organizations. 

Legal challenges have followed. A Reuters report described a federal judge’s skepticism during arguments over whether such a major fee can be imposed via executive authority, highlighting the high stakes for employers and universities who depend on high-skilled talent. 

For Indian-Americans, this is not an abstract policy debate. It affects:

• employer willingness to sponsor visas
• mobility for young professionals
• the ability of families to plan stable futures
• America’s attractiveness as a destination for global talent

2) Visa Processing Disruptions and Expanded Vetting

In December 2025, multiple reports described H-1B visa holders traveling to India for routine visa renewals and then being stranded due to canceled appointments and significant delays, with attorneys and workers describing major uncertainty.
Reports also pointed to stricter social media review policies and interview backlogs affecting timelines. 

For Indian-American families and employers, such disruptions create:

• project delays and employment uncertainty
• family separation stress
• financial instability due to travel and lost work time

3) Immigration Crackdown Expansion

A Reuters report published December 21, 2025 described plans to intensify immigration enforcement into 2026, including major funding increases and expanded enforcement capacity, amid public backlash and political risks.

While high-skilled legal immigrants are different from undocumented immigration, broad crackdowns often create “spillover fear”—and heighten hostility toward immigrants generally.

The Indian-American Response: Adaptation, Not Panic

The community response to backlash and policy shifts has not been uniform—but it has been instructive.

Indian-Americans have historically responded to barriers in a specific way:

1. Adapt quickly (change strategies, legal pathways, education routes)
2. Build institutions (associations, advocacy groups, professional networks)
3. Invest in long-term security (citizenship, stable careers, community cohesion)

That pattern continues.

• Immigration lawyers, universities, and employers are increasingly vocal about high-skilled visa disruptions and cost increases because they affect U.S. competitiveness.
• Advocacy organizations are documenting hate patterns, connecting rhetoric to harm, and pushing for accountability.
• Families are advising their children: succeed, yes—but also participate. Vote. Engage. Serve. Speak.

The Silence Problem: When a Community Does Not Speak Loudly Enough

One uncomfortable truth must be acknowledged: Indian-Americans, as a collective, have often been slow to speak up when confronted with public backlash or cultural disrespect. A telling example emerged when Kash Patel—an Indian-American appointed to the position of FBI Director—posted a simple “Happy Diwali” message on social media. What followed was a predictable wave of online hostility, ridicule, and racially charged commentary. Yet the response from the Indian-American community, as a unified group, was muted. There were individual voices, scattered defenses, and isolated outrage—but no sustained, organized pushback that matched the scale of the attack.

This silence stands in stark contrast to how other communities, particularly the Jewish community, respond to similar incidents. When Jewish identity, faith, or cultural observances are publicly targeted or trivialized, institutional organizations, advocacy groups, elected officials, and media voices respond quickly and forcefully. Statements are issued. Pressure is applied. The message is clear: silence will not be tolerated. Indian-Americans, despite their growing numbers, influence, and resources, have not yet developed this reflex of collective defense—especially when the issue is cultural dignity rather than immediate policy.

Equally troubling was the silence from the Trump administration itself. There was no clear condemnation of the racially charged backlash, no reaffirmation that celebrating Diwali—or any faith tradition—is part of America’s pluralistic fabric. For a community that has contributed enormously to national security, technology, healthcare, and governance, this absence of reassurance was deeply revealing. It reinforced a hard lesson Indian-Americans are still learning: economic success does not automatically translate into cultural protection. If a community does not consistently speak for itself—clearly, confidently, and collectively—others will define the narrative, often unfairly.

Indian-Americans Are Not a Drain—They Are a Dividend

At a time when immigration is often framed as an economic burden, rigorous data tells a very different story about Indian-Americans. A landmark 2025 study by the Manhattan Institute, authored by economist Daniel Di Martino, concludes that Indian immigrants and their descendants are the most fiscally beneficial immigrant group in the United States. Over a 30-year period, each Indian immigrant contributes a net $1.6 to $1.7 million surplus to the federal balance sheet—reducing national debt while expanding GDP. In an era when America’s national debt has crossed $38 trillion, these findings are not ideological—they are arithmetic. Indian immigrants do not strain public resources; they strengthen them.

“The study further highlights the extraordinary impact of H-1B visa holders, many of whom are Indian professionals in technology, medicine, engineering, and finance. Each H-1B worker reduces U.S.” national debt by an estimated $2.3 million and adds roughly $500,000 in GDP growth over three decades—the highest fiscal contribution of any visa category ever recorded. The reasons are straightforward: Indian immigrants arrive young, highly educated, workforce-ready, and overwhelmingly self-sufficient. They pay far more in taxes than they ever consume in benefits, create jobs through entrepreneurship, and raise children who outperform national averages in education and income. In purely fiscal terms, the Manhattan Institute’s conclusion is unequivocal: if America were to design immigration policy around long-term national interest, Indian immigrants would be the gold standard.

From Immigrants to Influencers: The Real Meaning of the “Second Rise”

The first rise of Indian-Americans was measurable: degrees, jobs, income, businesses.
The second rise is more profound: influence.

Influence means:

• shaping how America thinks
• shaping what America builds
• shaping who America elects
• shaping what America values

And influence requires visibility. Visibility invites both admiration and resistance. That is the cost of entering the national stage.

Indian-Americans are no longer a quiet community working hard behind the scenes. They are now part of America’s leadership conversation—and America’s cultural argument.

That is why this is “Rise and Rise,” not merely “Rise.”

The Next Chapter: What Comes After Influence?

If the last fifty years were about arriving and achieving, the next fifty years may be about stewarding and shaping.

Key questions now face the community:

Can Indian-Americans turn professional success into civic unity?

A community can be wealthy yet fragmented. Political influence requires coalition-building and shared priorities.

Can Indian-Americans protect cultural roots without becoming insular?

The future belongs to those who can preserve identity while building bridges.

Can the next generation embrace heritage with confidence—not guilt?

Young Indian-Americans should not feel they must choose between belonging and authenticity.

Can Indian-Americans respond to backlash with wisdom—not fear?

The smartest response to hostility is not withdrawal. It is participation: in schools, in councils, in media, in civic life.

A Story Bigger Than Success

The rise of Indian-Americans is not simply a tale of personal achievement. It is a story of:

• migration and transformation
• sacrifice and strategy
• culture and confidence
• resilience in the face of backlash
• and an expanding role in America’s future

Indian-Americans are not rising to replace anyone. They are rising to contribute—through innovation, service, healing, leadership, and cultural enrichment.

And as history repeatedly shows: when a community contributes deeply to a nation’s progress, it earns something more valuable than status.

It earns belonging.

That is the true rise.

And that is why it continues.

About the Author:

Raj Shah Software by profession, Indian culture enthusiast, ardent promoter of hinduism, and a cancer survivor, Raj Shah is a managing editor of Desh-Videsh Magazine and co-founder of Desh Videsh Media Group. Promoting the rich culture and heritage of India and Hinduism has been his motto ever since he arrived in the US in 1969.

He has been instrumental in starting and promoting several community organizations such as the Indian Religious and Cultural Center and International Hindu University. Raj has written two books on Hinduism titled Chronology of Hinduism and Understanding Hinduism. He has also written several children books focusing on Hindu culture and religion.

First of all, what is an EB-5?  The EB-5 is known as the “Immigrant Investor Program”.   You have to a) make a necessary investment in a commercial enterprise in the U.S.  and b) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.   EB-5’s can either be a direct investment or a regional center investment.  With a Direct Investment you either create a new company/project or buy an existing company/project and directly manage and control the enterprise.  There is also an EB-5 Regional Center Program which allows you to invest in commercial enterprises via approved USCIS “Regional Centers” designed for economic growth.

Advantages of EB-5s:

1. You can obtain a green card for you, your spouse, and minor dependent children with a sizable investment.
2. You can be from any country.
3. Even if you are born in India, the visa bulletin backlog is much shorter in the 1st employment preference category (EB-1A, EB-1B, EB-1C, EB-5).
4. You don’t have to demonstrate extraordinary ability or have an existing job or job offer or sponsor.   All you need is money and a plan.

Disadvantages of EB-5s:

1. They are expensive.  They are cost prohibitive for most investors.
2. There is still market risk as in any investment.
3. There is also a lot of EB-5 fraud out there.   Make sure you hire a qualified immigration attorney along with an investment/finance/accounting team to analyze your potential investment.  *** Plenty of companies purposely prey on people desperate for green cards.
4. Due diligence and research are most important in an EB-5.  Don’t rush into anything.

The EB-5 Direct Investment requires a more sizable initial investment.  However, you have many more options to choose from including starting your own business or buying an existing business.  You also have to be willing to run your company or at least play a more active role on the management side.   Since you have more flexibility in the type of business to start or purchase, you potentially can earn a lot more money in return.  If you invest in a hotel for 2.5 million dollars it could turn into both a green card and a very profitable enterprise.

On the other hand, the EB-5 Regional Center Program allows you to invest less money, sometimes even under a million dollars (U.S.), but you have much less control over the company.   EB-5 Regional Centers are projects designed to have numerous investors who passively invest in a project.   Essentially, you buy into an existing project but you don’t have much direct control.  These investments are more limited in options because they must be USCIS approved “Regional Centers”. Also, there is a greater chance for fraud or for your investment to lose money or outright fail.  For this reason, be careful which project you choose.

Don’t invest your entire life savings into a project simply to get a U.S. Green Card.  You should invest in an EB-5 because the project is vetted and seems like a good investment even without the green card.  However, be prepared to take some sort of loss.   I am not an expert in accounting, finance, or real estate like my law partner Hao “Howard” Li.   I don’t offer any tax, investment, or financial advice on any project.   Very few immigration attorneys have any type of financial background which would qualify them to give business advice on an EB-5 or even an E-2 project.   It is best to come to us once you have selected a suitable project.

What if you don’t have enough money for an EB-5 but still want to invest in a U.S. company or start a business in the United States?  The E-2 investment visa is a great option for that.   You just need to make sure you are from an eligible E-2 “treaty country”.   India unfortunately is not E-2 eligible.  Neither is China. However, Bangladesh, Pakistan, and Sri Lanka are in addition to countries such as Canada or the UK.    Did you know if you obtain citizenship from an E-2 country, you may then potentially be eligible for an E-2.  For example, if you were born in India but became a Canadian Citizen, you could then consider an E-2 visa.

An E-2 visa allows you to start or buy a business in the U.S. and live here with your family while running your business.  An E-2 is still a non-immigrant visa, meaning it does not lead to a green card but it can be renewed for years as long as your company is solvent.   Examples of E-2 investments could be buying a restaurant, a convenience store, or even a small software company.   You will still need to invest a substantial amount of money and have a solid business plan to present in your petition.   While there is no set minimum amount for an E-2, the more you put at risk the better your chances of approval.  Also, the better your plan is and the more business experience you have the better your chances are.

E-2 visas can also be tricky because of the different U.S. consulates you have to deal with.  Some are stricter, some have much longer processing delays, and each may have their own set of rules you must comply with in order to obtain your visa.   Some consulates may not even give out E-2 visas so you may have to apply at a third country consulate.   Overall, an E-2 visa is less risky than an EB-5 due to the much lower amount required to invest along with the greater flexibility in possible projects or business choices.  E-2s also can be obtained in a much shorter time period.  An EB-5 or E-2 can be a great solution under the right circumstances.

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar and the American Immigration Lawyers Association (AILA). Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at info@finbergfirm.com or visiting www.finbergfirm.com.

By Attorney Hao Li.

Imagine arriving in a new country, filled with hopes and dreams for a brighter future. You work hard, you build a life, and you create opportunities for your family that you may have only once imagined. For many immigrants, the United States offers a fresh start—a place where effort and dedication can lead to success. But amidst the excitement of new beginnings, there is a crucial aspect of life that often gets overlooked: estate planning.

Raj came to the United States 20 years ago, filled with determination and a vision for a better life. He arrived with just a suitcase and a heart full of hope. Through sheer hard work and perseverance, he managed to build a thriving small business and buy a comfortable home for his family. He wanted nothing more than to provide opportunities for his children that he never had growing up. For Raj, every sacrifice was worth it if it meant his family could have a stable future.

But like many immigrants, Raj thought estate planning was something only for the wealthy or something he could worry about later in life. He always believed that there would be time. Unfortunately, life had other plans. Raj fell seriously ill unexpectedly, and the burden of managing everything he had built fell on his wife and children. They suddenly found themselves struggling—not only with the emotional toll of Raj’s illness but also with the financial and legal complications that came with it.

Without a will or any kind of estate plan, Raj’s family faced a complicated and prolonged probate process. His wife, Priya, found herself tangled in a web of legal procedures that she didn’t understand, while also trying to keep Raj’s business afloat. The lack of clear instructions or legal authority made even the simplest decisions overwhelming. Bills piled up, and uncertainty loomed over whether they would be able to keep the business that Raj had worked so hard to establish.

Raj’s story is not uncommon. It’s a vivid reminder of the importance of estate planning, especially for immigrant families who may face additional layers of complexity. Estate planning is not just about money; it’s about providing a clear path for your family in times of uncertainty. It’s about making sure that your children are cared for, your assets are distributed according to your wishes, and that your family members have the legal authority to make important decisions when you cannot.

By planning ahead, immigrants like Raj can protect what matters most: their family, their legacy, and the future they’ve worked so hard to build. Estate planning brings peace of mind, knowing that even in the face of life’s unexpected challenges, your loved ones will be supported and your hard-earned legacy will be preserved. For immigrants, estate planning is more than just paperwork; it’s about protecting what you’ve built and securing the future of your loved ones. Imagine spending years working tirelessly, saving for your children’s education, or building a home, only to leave the future uncertain. Without a plan in place, the assets you worked so hard to accumulate could be lost in legal disputes, heavy taxation, or lengthy court processes. Estate planning helps ensure that your legacy is safeguarded and that your wishes are honored, even when you’re no longer there to voice them.

Immigrant communities in Florida face unique challenges when it comes to estate planning. One significant challenge is navigating the complexities of U.S. laws, which often differ significantly from the legal systems immigrants are familiar with in their home countries. In some cultures, verbal agreements or informal arrangements may carry significant weight, while in the U.S., these need to be documented formally to be legally enforceable. Immigrants may also be unfamiliar with the probate process and the importance of having legal documents such as wills, trusts, or healthcare directives.

In addition to the legal differences, many immigrant families have cross-border considerations. They may own property or have financial assets in their home countries, which adds a layer of complexity to estate planning. Ensuring that assets in both the U.S. and abroad are properly accounted for and protected requires specialized knowledge and careful planning. For instance, some countries may not recognize U.S. legal documents like wills or trusts, making it essential to develop a plan that addresses both jurisdictions.

Another challenge is balancing family expectations. Immigrant families often have close-knit structures, and there may be expectations around supporting relatives in the home country or passing down assets in a specific manner. Estate planning must balance these expectations while ensuring compliance with U.S. laws and regulations. It’s important to work with an experienced estate planning attorney who understands the cultural nuances and the legal complexities that immigrant families face.

Estate planning for immigrant communities is not just about managing assets—it’s about bridging cultures, understanding legal differences, and making sure that your loved ones are provided for in the best way possible. Addressing these unique challenges head-on ensures that your family’s future is secure, no matter where they are.

As an attorney licensed in Florida and Minnesota, and an active advocate for Florida’s Asian community, I am committed to helping you navigate the challenges of estate planning. In today’s article, I will cover essential estate planning terms and the concept of comprehensive estate plan, along with how immigration status can impact your planning. Future articles will also dive into other key topics, including the probate process, trusts, and more, to provide you with a comprehensive understanding of estate planning.

Most people already know you cannot legally work in the U.S. without employment authorization.  Not all visas allow for the ability to work.   After your U.S. Consulate Interview, the officer will usually tell you or often outright warn you not to work while on a B-1/B-2 (visitor visa) or F-1 (student visa).   If this is the case, why do so many people still try to work without the proper documents?  Is it because they are unaware of the consequences, because they are desperate, or because they just don’t care or are at least willing to take the risks?

Even if you enter the U.S. legally, you still need to have the right to work legally.  Just like you cannot remain in the U.S. indefinitely while on a visitor or student visa, you cannot work without a work permit or a visa that includes employment authorization.   “Working under the table” unfortunately is common for both Americans and Foreign Nationals.  Both expose themselves to possible IRS tax consequences for not declaring their income but getting paid “off the books” can also jeopardize your immigration status.  If you are caught working without employment authorization it can cause you to lose your visa, harm your chances to get a green card, or potentially make you inadmissible to the United States and placed at risk for removal (deportation).

Employers can also get into trouble if they hire or continue to pay employees who do not have proper work authorization.   Employers are supposed to have each employee fill out an I-9 form and screen for both 1) Legal U.S. status and 2) work authorization.  I-9 compliance is required for all employees physically present in the United States.   Companies found to be intentionally or willfully violating immigration laws can face heavy fines and sanctions.  If you are an employer and have any questions about the immigration status of an employee, it is best to contact an experienced immigration attorney.   If their documents do not look legitimate or you just want to make sure you don’t have any questions, do the smart thing and get some legal advice.

Did you know that the U.S. Department of Labor actually performs audits and even surprise site visits if they suspect unlawful activity?  Why does the DOL care?  Immigration laws are in place to protect American workers but also prevent foreign workers from being exploited.  The Labor Department wants to ensure that all workers are paid fair (or at least minimum) wages and work under proper working conditions.  Additionally, if a foreign worker is on a work visa they must be paid at least the prevailing wage which is determined according to the industry, job title, and metropolitan area.  You can always legally pay a foreign worker more than the prevailing wage but never less.

H-1B visas, O-1 visas, E-2 visas,  L-1 visas, and even J-1 and R-1 visas are all work visas that have an official sponsor.  When you are on a work visa you are legally allowed to work for your sponsoring company but only for the company written on your visa.  It is not permissible to perform additional work outside of your work visa.  If you want or need a second job you must obtain a second work visa.  For example, if you play professional cricket in the United States and you are from India you will need a work visa such as a P-1 to be paid to play.  If you are a Hindu priest working at a Temple you will need an R-1 religious visa to work and remain in the United States.

What about if my spouse has a work visa, can I work?  The answer is … it depends on the  type of visa your spouse has.  Don’t assume just because your spouse can work it automatically means you are able to as well. Some work visas allow a dependent spouse to have work authorization.  Other work visas do not.  If you are on an H-1B visa, your spouse can usually obtain an H-4 dependent visa and be able to work.  If you are a researcher or a postdoc on a J-1 visitor exchange visa, your spouse can apply for a J-2 visa which allows employment authorization.

What about working while on a student visa?  This is one of the more complicated topics.  Students on F-1 visas generally have to apply for CPT (curricular practical training) or OPT (Optional Practical Training) before they can get a work permit.  The F-1 visa itself does not allow you to work in a paid “job training program” without going through your International Student’s Officer or speaking with your Designated School Official (DSO).  International students can usually work part-time on campus jobs under a work study program.  However, it is still best to always check with your school international office before you accept any employment.

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar and the American Immigration Lawyers Association (AILA). Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at info@finbergfirm.com or visiting www.finbergfirm.com.

Photo Courtesy: Andrea Piacquadio

As a U.S. immigration attorney, some types of cases are resolved relatively quickly while others can take years if not decades to complete.   How do you account for a client whose matter might not be fully finished until 20 years from now?     How do you keep accurate records, case management, communication?   What do you do if you eventually retire, have health issues, or even ultimately change your practice area?  Your clients relied on you to complete their cases, but the longer the case drags out, the more risk the case has for unintentional oversight.

On the employment side, EB-2 green card petitions from India only have current visa bulletins if they were filed on or before October of 2012.    This means that EB-2 NIW and EB-2 PERM cases are expected to take about 12 years to be current from when the approved I-140 is first filed (priority date).    Will the visa backlog get better or worse?  If it gets worse, the wait could possibly lengthen (retrogress) to 15 years?  Even if it gets better, a 10-year wait is still a long time to stay organized as an attorney or an individual. 

Let’s discuss family-based immigration for a while.   Siblings (brothers and sisters) of U.S. Citizens take the longest to get approved.   If you are from India and you file an I-130 to sponsor your sibling, the current wait time is about 18 years.   It is 20 years for the Philippines and over 23 years for Mexico.   What happens when you hire an immigration attorney in 2024 to help sponsor your sister?   The visa bulletin at current rates would not be current until 2042.   How many firms of any type have plans to handle cases that can last 20 years?

If you are an attorney over the age of 45 or 50 do you simply not take an Indian immigration sibling petition?  If you are a client, do you only hire a younger attorney or one who is more likely to still be practicing in 20 years?   This doesn’t make sense, does it?  Even if your attorney is 35 and in perfect health and happiness in their practice, there is no guarantee anyone will still be working in 20 years.

Don’t forget, you always have to keep the USCIS and the U.S. State Department up to date on any change of address you may have.   It is your responsibility to notify the government any time you move when you are dealing with immigration.  Do not assume the postal service will automatically forward your mail.  It is a legal obligation for you to report any changes of residence in the U.S. or abroad while an immigration case is pending.  Your attorney also must update business addresses and contact information if anything changes.   

From time to time, I consult with clients who don’t remember who their attorney was from many years ago when a case may have been first filed.  They don’t always even know if the case was filed or if it was properly filed.   Make sure to document everything, save everything from the USCIS, and ask for any receipt notices so you know the status of your case.  Sometimes a client filed a case on their own or used one of these other “immigration services” to file their petition years back.   These are reasons why you should have a licensed and experienced immigration attorney as your authorized legal representative in front of the USCIS or State Department.

Many State Bars such as Georgia, suggest (or even require) each attorney to designate another attorney to handle their cases in case of any interruption in their ability to practice law.   Even if you don’t officially designate a legal successor, you should have in place who in your firm or in your professional network can be willing and able to take over if needed.   I would suspect physicians, accountants, and other client-based service providers have others listed to handle their patients or clients. 

Sadly, over the last two years, I remember at least two South Florida immigration attorneys tragically passing away.  While I did not know either of them personally, I always wondered what would happen to their clients?  Even if you don’t die prematurely, what happens if you have to go on extended medical or personal leave?  Unexpected things happen to the best of us.   We should all account for these risks and plan for the worst.   While many of us have contingency plans for our children and pets, how many of us have plans for our businesses, customers, and clients?  You don’t want to leave people hanging?   But even if you do plan on retiring, you always need to check for pending cases filed years ago, and assign them to other attorneys or let your clients know in advance and make sure their cases can be easily transferred.

Immigration law tends to have single and smaller lawyer firms on average compared to other practice areas.  The advantage of a smaller practice is the individualized attention you hopefully receive.    Additionally, it is often easier to specialize or have a very niche practice area when you are smaller.   If you work in a narrower field such as aviation, it is not always practical or possible to have a firm with numerous attorneys.   The only negative is greater need for a succession plan.  A large firm is not always as advantageous because you simply will turn the case over to internal attorneys and paralegals who likely didn’t work on the cases either. 

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

About the Author: 

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar and the American Immigration Lawyers Association (AILA). Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at info@finbergfirm.com or visiting www.finbergfirm.com.

Many folks know about the F-1.   The F-1 is the most common student visa to study in the United States as an international student.  However, there are other options to study in the States.   M-1 visas can be used to study a short term program such as a certificate or training program at a technical school or college.  But what is the J-1?

The J-1 visa is actually part of the U.S. State Department’s official visitor exchange program.  Instead of dealing with the USCIS, you actually deal directly with the Department of State.  The purpose of the J-1 is to “promote interchange of persons, knowledge, and skills, and the interchange of developments in the field of education, the arts and sciences.“. 

Because there has to be an “interchange of knowledge”, J-1 visa holders are typically required to return to their home country for at least 2 years before returning to the United States.

Why do they have to go back home?  Well, the main justification for the J-1 visa is to exchange ideas between visitors of other nations.  If the J-1 holder simply stays here in the States they arguably can never directly share their knowledge and experiences with their home country.  This limitation is usually marked on the bottom of the J-1 visa saying “subject to 212(e)”.  Now the 2 year foreign residency requirement doesn’t have to be 2 consecutive years but it has to total at least 2 years in the aggregate.  

My brother in law is a professor and researcher at a top U.S. University.  His STEM lab typically employs postdocs or students who have already earned their PhDs.  A postdoc is a great way to start your own professional research or teaching career and at the same time build up your O-1 visa or EB-1A green card profile.  The vast majority of his postdocs are international students and many of them obtain J-1 visas.

What are the main advantages of a J-1 visa?

1. You don’t have to be enrolled in a degree seeking program like a Master’s or PhD.
2. You don’t have to complete a labor condition application (LCA) like a H-1B visa.
3. You can get a J-1 visa much faster and much cheaper than an H-1B visa and there is no lottery or annual cap.
4. Spouses or dependent children of J-1 visa holders can work unlike those who are dependents of H-1B visas (in H-4 status).

What are the main disadvantages of a J-1 visa?

1. The 2-year foreign residency requirement
2. J-1 researchers and professors are only admitted up to 5 years (often less). Where an F-1 student researcher can have lawful admission as long as they are enrolled in a full-time program and can extend their F-1 status with 1-3 years of Optional Practical Training (OPT).
3. A J-1 visa is not a dual-intent visa (like the H-1B or the L-1) meaning you can not easily adjust your status to a green card while in J-1 status.

If you are considering a J-1 visa or your program offers you a J-1 you need to fully understand the consequences of 212(e)’s two-year foreign residency requirement. You need to go into your J-1 program with your eyes open about this 2 year rule.  It is possible to apply for a waiver of the 212(e) rule but these waivers take time and are challenging to get approved.  Therefore if you want to apply for a waiver of the 2-year foreign residency requirement of the J-1 visa you should contact an immigration attorney with experience in waivers.

Do you have to be a researcher or professor to get a J-1 visa?  No.  Are you aware that au pairs often can get a J-1 visa but these usually last only 1-2 years.  While au pairs are eligible to work on their J-1 visa, they are expected to learn American English and culture and then return home to their home countries with that knowledge.   There are many possibilities for a J-1 visa but they have to still qualify for the visitor exchange program.  Could a K-pop band like Black Pink get a J-1?

A creative attorney could make an argument that a foreign band like BlackPink could remain in the United States on an extended stay, possibly in a Las Vegas Residency, entertain Americans while at the same time learning English and studying American music and culture.  The ladies of BlackPink (Jisoo, Jennie, Rosé, and Lisa) could then go back to South Korea and promote and share their knowledge of American music, language and culture with their home nation.  What about the possibility of a Bollywood producer or actor justifying a J-1?

While the J-1 visa offers unique advantages over the more common F-1 student visa, such as faster processing and broader eligibility beyond degree-seeking programs, it comes with significant constraints, notably the two-year foreign residency requirement. This requirement underscores the visa’s primary goal of fostering international exchange, mandating that participants return home to share their acquired knowledge. For researchers, professors, and even entertainers like BlackPink, the J-1 visa provides a platform to contribute to American society while enriching their home countries upon their return. Despite its limitations, the J-1 visa remains a pivotal tool in promoting global cooperation and cultural exchange through education, arts, and sciences.

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

About the Author:

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar and the American Immigration Lawyers Association (AILA). Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at info@finbergfirm.com or visiting www.finbergfirm.com.

I’m an engineer from India currently working in the United States on an H-1B visa. I am in the process of applying for an EB-1A green card and have a few questions regarding reference letters from my current employer.

1)      Is it necessary to get a reference letter from my current employer for my American green card/visa application?

2)      How can I ask my current employer for a reference letter without jeopardizing my current job?

3)      What should I do if an employer is reluctant or refuses to provide a reference letter for my green card/visa application?

4)      Are there alternative sources for reference letters if I cannot get one from my current employer?

5)      How important is a reference letter from a current employer compared to those from previous employers or colleagues when applying for an American green card/visa? 

6)      Do you need to get a reference letter for a job that you just started at?

I would greatly appreciate your guidance on these matters, as I am concerned about the potential implications of requesting such letters from my current employer. Thank you for your time and assistance.

Thank you for your inquiry.  I get emails, direct messages, and phone calls with similar questions all the time.   Typically, it is impossible if not impractical to answer them all outside the context of a full consultation.  However, in this case I will attempt to give some general guidance (not legal advice) that I hope applies to your case and many others. This advice is not only relevant to immigration matters but can also be applied to employment in general.

I generally recommend a reference letter from your current employer (if possible) for almost all employment-based petitions and even some family ones as well. Showing you are currently employed and therefore currently in demand is almost a given to show the proper qualifications for most work visas or green cards.   At a minimum you should be able to obtain documentation to verify your current employment and how long you have been working in that job.   How can you ask for this?  Have some sort of template or outline they can use so they can save time.  Give them some guidance and structure on what you hope to see.  Your attorney can help.

You can be more conservative and simply ask your employer for a reference letter just to have in your back pocket as you never know with downsizing, layoffs, and economic downturns.  It is easier to ask for a letter when you are employed than after you are let go (or worse terminated).   You could go a little bit farther and tell employer that your eventual dream is to work in the United States and that the process, if successful, will take at least several years.  With employers realizing that nobody stays in the same job forever, there should be nothing wrong or surprising with a dependable highly skilled employee eventually looking at or planning for their future options.    

If your employer is reluctant to provide a reference letter I do have a few tricks or suggestions.   Suppose they are hesitant to put anything on letterhead or through official channels, you can always ask for a letter that is more of a personal than company endorsement.   You also don’t have to get the highest-level person you report to.  A mid-level manager who knows you better or is more receptive to your request is another possibility.  Another option is to ask a co-worker instead of a supervisor.  While this endorsement may not have the same weight it is still better than providing nothing at all.  On the bright side, a colleague may know you better and be able to describe more specific examples of your talent and skills.   You could also ask for someone in your field, profession, or industry at another company who knows your work record and can independently verify who you are and what you have done at your job. 

If you just started at a new job having a letter of reference from that employer may not be as necessary as if you have worked there for years.   Also, asking for a letter of reference during the first year or so at a new job is not usually a good look so use discretion.  Know your audience.  You know who are your friends and supporters are at your place of work.   Some of them will have your back and always be there to help you advance your career.  Approaching them is usually not all that challenging.  

When applying for an EB-1A, EB-2 NIW, O-1, L-1, E-2, or H-1B you sometimes have to think outside of the box in your evidence.  We all have ideal references that we “wish” to have but even if you know you can get such letters how long will it take to get them?  People may be hard to reach, busy, or initially be reluctant to provide you with what you need.  What do you do then?  How long are you willing to wait before you ultimately seek other options?  If you have a filing deadline, like for an H-1B visa, you may not be able to wait until they provide you with your letter.

Even if you have a timeline you want to meet for your EB-1A or EB-2 NIW you have to decide how important this one letter is to your case.  Is it worth delaying your petition until you get this letter?  Does this one letter make or break your case? These questions are dependent on your case, and an immigration attorney will be able to help you answer them.

In conclusion, there are no simple or easy answers to which letters you should and shouldn’t include.  Most would recommend that you reach out to many potential references well ahead of time to make sure that enough of them are willing and able to assist you in your petition.  In general, it is better to have more options or more choices than less.   Letters of reference are an important part of any employment-based immigration application.  However, don’t forget, you may even find them useful for marriage-based petitions as well.  Good luck! 

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

About the Author:

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar, the American Immigration Lawyers Association (AILA), and serves on the Business and Investment Committee for the South Florida chapter of AILA.  Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at seth@finbergfirm.com or www.finbergfirm.com.

Before I practiced immigration law, I was a criminal defense attorney. My practice represented retained defense clients, and I served as a de facto public defender in Gwinnett County, Georgia. At the time, two of Georgia’s largest counties, Cobb and Gwinnett (both in Metro Atlanta), did not have their own Public Defenders Offices. 

“Private defense attorneys would apply to take on cases for their county of practice as part of the Georgia Indigent Defense Committee. We performed valuable public service and gained great experience, especially as younger lawyers.”

Many of the top criminal attorneys in the state were part of this committee, and the most serious cases received experienced, high-quality defense counsel. 

Did you know that most criminal cases never go to trial, and the vast majority (well over 90%) are pled out? Plea bargains were a fun but challenging part of my job. I remembered Lt. Daniel Kaffee, Tom Cruise’s JAG defense attorney character from A Few Good Men, and I aspired to be like him. No, I never was the greatest trial lawyer, but I prided myself in my ability to negotiate and obtain quick and beneficial plea bargains for my clients.   

This is a good thing, right? Not always. I started to notice that a growing percentage of my appointed indigent defense work consisted of immigrants – and many were undocumented.  Most offenses were rather minor in nature, were usually misdemeanors, and generally were non-violent offenses involving drugs, alcohol, or others of a prurient nature. I soon learned I would have to slow down my plea process and consider a new factor in the analysis.  My clients who weren’t U.S. Citizens had to consider their immigration future in any plea deal.  

After I began practicing immigration law full-time, I realized some of the real flaws and concerns with plea bargains for non-citizen clients. Even if you are a green card holder or lawful permanent resident, any arrest or conviction could impact your ability to maintain or renew your green card. It could even affect your ability to apply for citizenship in the future. Curiously, even the highly experienced attorneys were not necessarily adequately informed about 1) the immigration consequences of plea deals or 2) how important it was to go over those possibilities with their clients.  

I’m not here to point fingers at anyone but to create a teachable moment. A defense attorney is supposed to analyze the case’s strengths and weaknesses and advise the client on the best course of action. We are trained in this discipline and are very good at this practice. However, through no fault of our own, we aren’t sufficiently trained in immigration law.   

Defendants should understand the consequences of their plea agreements, such as 1) voluntarily waiving their right to a trial and 2) voluntarily pleading guilty to an offense. Their attorney must review their legal rights and ensure they understand all the risks of such an agreement. The principle of plea bargains is “negotiation.” The state offers a “deal,” which is supposed to bring a lesser sentence or offense. In return, the state saves time, resources, and money by not having to try the case but still obtaining some level of punishment, probation, or fine.    

There is another important factor to consider that many defendants and defense counsel don’t necessarily fully contemplate, cover, or understand: The immigration consequences of any arrest, conviction, or plea bargain. Whether the defendant is in or out of status (or never had a status to begin with), any conviction or plea bargain can affect their current status or immigration future. 

Unless you are a U.S. Citizen, any arrest, conviction, or plea can influence your visa, green card, or ability to get a future visa, green card, or even citizenship.  Some convictions or pleas can even result in removal (aka deportation). 

I recommend that anyone arrested or charged with a crime who isn’t a U.S. Citizen should at least consider consulting with an immigration attorney. No, the immigration attorney isn’t generally going to represent you in your defense unless they are one of those hybrid “crimigration” attorneys who plan to play both roles. However, your immigration attorney can consult with or co-counsel with your defense attorney to make sure that you both understand the immigration consequences involved with any plea bargain.   

In my experience, not enough criminal defense attorneys emphasize or even fully understand the immigration consequences of a plea deal involving an immigrant client.  Yes, the plea the state offers may be beneficial and advantageous to your criminal case but not necessarily to your immigration future. A criminal defendant should weigh all factors before agreeing to any such deal.  Sometimes, it may be worth it to fight a charge, especially if you are innocent, rather than simply quickly “pleading out” to avoid jail time or to “put the case in your rearview mirror.”

Another helpful tip is to retain your own defense attorney (if possible) or request a public defender. If your employer “offers to take care of it” by having you sign some papers, they may not necessarily be acting in your best interest.  Your employer may want a case to go away, or worse, they may be covering up for some of their own acts or omissions. For all you know, you are taking the blame for something you didn’t even do or have knowledge about.

Remember, there are potential criminal and immigration consequences to any arrest or charge. Additionally, it is required for you to properly and accurately disclose any past arrests or convictions here in the U.S. or another country when you are applying for any U.S. immigration benefits. 

“If you are unsure of a past offense or how to present it on an immigration form, consult an experienced immigration attorney. Your attorney can only help you with your future if they are informed and educated about your past. It’s understandable to want to save money when applying for immigration benefits.”

However, if your case has complications, such as a criminal background or past immigration violations, you are best served to hire qualified legal counsel.

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

About the Author:

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar, the American Immigration Lawyers Association (AILA), and serves on the Business and Investment Committee for the South Florida chapter of AILA.  Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at seth@finbergfirm.com or www.finbergfirm.com.