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Indian Students Fear H1B Changes, Seek Asylum in the US

Indian students in the US face uncertainty over H1B visas, prompting many to consider asylum as a last resort amid financial and immigration challenges.

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Indian Students Fear H1B Changes, Seek Asylum in the US
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17 Jan 2025 4:23 PM IST

Indian students in the United States are increasingly exploring asylum options amid growing concerns about potential changes to immigration policies. As President-elect Donald Trump prepares to assume office in three days, anxiety is mounting among international students, particularly those relying on the Optional Practical Training (OPT) program as a pathway to secure H1B visas.

In recent weeks, immigration attorneys and consultants have reported a rise in inquiries from Indian students about asylum applications. According to legal experts, more than 50 students have sought guidance on the process within the last month and a half, signaling widespread apprehension over visa restrictions.

Indian students often arrive in the US on substantial loans, betting on post-graduation employment to repay their debts. However, the uncertainty surrounding the OPT program and its role in obtaining H1B visas has left many feeling vulnerable. If the program is curtailed, students fear they may have to return to India without securing work opportunities, intensifying their financial burdens.

A student from Gujarat, who wished to remain anonymous, shared his concerns. He explained that his family had taken out significant loans to support his education, and returning home without a job would create financial hardship. "If staying in the US means applying for asylum, I’ll have to consider it," he said.

Applying for asylum in the US is a complex and demanding process. Applicants must provide evidence of persecution based on religion, race, or other factors and demonstrate a credible fear of returning to their home country. False claims or incomplete documentation can lead to deportation and legal consequences.

Immigration lawyers caution that while asylum might appear as a last resort, it is not a guaranteed solution. "The process involves rigorous scrutiny, and applicants must meet strict criteria to succeed," said a New York-based immigration attorney.

The Trump administration's potential policy shifts have added to the uncertainty. Speculation about reducing the duration of OPT for STEM graduates and tightening H1B visa eligibility has left students scrambling for alternatives. Many are bracing for changes that could disrupt their career plans and long-term goals in the US. While some are preparing to navigate the asylum process, others are considering returning to India, where job prospects and repayment of educational loans remain daunting tasks.

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