US citizenship by birth: Impact on H-1B visa, green cards aspirants decoded

While Trump's comments on H-1B visas were seen as supportive, his administration's latest immigration order is likely to create challenges for visa holders

US President Donald Trump on Tuesday expressed his support for the H-1B visa programme, describing it as essential for attracting skilled professionals to the United States. His remarks provided reassurance to Indian IT professionals, but recent changes to US immigration policies are expected to create challenges for H-1B holders, green card aspirants, and their families.

 

"The executive order of Birthright Citizenship raises critical legal questions regarding the citizenship status of individuals born in the US to parents who are not US citizens or lawful permanent residents", said Roma Priya, founder, Burgeon Law.

 

Trump said on Tuesday, “I like both sides of the argument, but I also like very competent people coming into our country, even if that involves them training and helping other people who may not have the qualifications they do.”

 

“But I don’t want to stop — and I’m not just talking about engineers, I’m talking about people at all levels,” he added.

 

The H-1B visa is a non-immigrant visa allowing US companies to hire foreign workers in specialised fields like IT, engineering, and medicine. Indian nationals dominate the programme, making up 70 per cent of recipients, with many employed by major technology firms.  

 

Trump’s remarks were welcomed by the Indian IT sector, which relies heavily on the H-1B visa programme. The National Association of Software and Service Companies (Nasscom), a trade body representing India’s IT and business process industries, described the programme as vital for addressing skill shortages in the US.  

 

“Nasscom does not have any reason to be less optimistic around the Indian IT industry’s growth story, given that India and Indian talent play a very important role in the growth of the US economy,” said Shivendra Singh, vice president of Nasscom.  

 

Singh also rejected common criticisms of the H-1B programme, including claims that it reduces wages or replaces American workers. “H-1B visas have nothing to do with immigration issues and instead fill critical skills gaps in the US,” he told PTI.  

 

New executive order ends birthright citizenship 

 

While Donald Trump’s comments on H-1B visas have been perceived as supportive, his administration’s latest immigration order is likely to introduce significant challenges for visa holders. On Monday, Trump signed an executive order ending birthright citizenship for children born in the US to parents without permanent residency or citizenship.  

 

“For legal immigrants, especially those waiting years for permanent residency due to backlogs in employment-based green card categories, this rule provides a clear path to US citizenship for their children born in the country. This ensures these children can access the full spectrum of rights and opportunities as US citizens, regardless of the prolonged uncertainty their parents face regarding their immigration status,” said Varun Singh of XIPHIAS Immigration, a consultancy firm.

 

The policy change is expected to affect many Indian families in the United States, particularly those on temporary visas such as H-1B (work), H-4 (dependent), L (intra-company transfer), and F (student).

 

Without automatic citizenship, these children may lose access to in-state tuition rates, scholarships, and federal financial aid, which could jeopardise their higher education prospects. Some children may have to abandon their plans for university due to these barriers.

 

Currently, children not born in the US and whose families are stuck in green card backlogs are required to self-deport upon turning 21 or apply for another visa, such as an international student visa, to remain in the country. The birthright citizenship policy had provided relief to families by ensuring their children could live and study in the US without these complications.

 

“This change particularly impacts Indian families, many of whom have been in lengthy green card backlogs. It means that even lawful temporary residents, such as H-1B visa holders, will see their children denied automatic citizenship. Furthermore, this could lead to increased uncertainty and anxiety for immigrant families as they navigate the complexities of US immigration law and the potential for their children to be left without citizenship rights despite being born on American soil,” said Priya.

 

Impact on green card applicants  

 

Over one million Indians waiting for employment-based green cards may also face new challenges under the policy. The executive order stipulates that children born to parents lawfully in the US on temporary visas—such as visitors or non-immigrant visa holders—will not automatically become citizens unless one parent holds a green card or is a US citizen.  

 

“The long waiting times for green cards—particularly for highly skilled Indian immigrants—highlight a systemic issue. While these immigrants contribute significantly to the US economy, the per-country cap on green cards has left hundreds of thousands in limbo. Children born to these immigrants enjoy the benefits of US citizenship, but for their parents, the inability to adjust their immigration status promptly can lead to difficulties, such as limited career mobility, challenges in securing permanent residency for family members, and an overall sense of instability,” Singh said.

 

This provision could disrupt the plans of Indian families caught in the decades-long queue for green cards. For instance, a child born to a family where the mother is on an H-4 dependent visa and the father is not a green card holder would not receive US citizenship.

 

“There is an urgent need for legislative reform to address these backlogs, streamline the green card process, and ensure that immigrants contributing to the US economy are not left in prolonged uncertainty,” said Singh.

 

Indian-American population at a glance  

 

Indian Americans are one of the fastest-growing immigrant groups in the US. According to a Pew Research analysis of the 2022 US Census, there are approximately 4.8 million Indian Americans, of whom 34 per cent—about 1.6 million—were born in the US and gained citizenship by birth.  

 

Concerns for the Indian community  

 

< Children of H-1B holders and other temporary visa holders will no longer receive automatic citizenship, impacting access to education and financial aid.  

< Over a million Indians in line for green cards face uncertainty under the new policy.  

< Temporary visa holders, including those on H-1B, H-4, L, or F visas, may feel the immediate effects of the executive order.  

< The US hosts about 4.8 million Indian Americans, with 34 per cent of them being citizens by birth.