Amid H-1B debate, Indians on student visas eye asylum route to stay put in US

Hyderabad: Immigration lawyers and agents have reported a substantial increase in Indians on student visas exploring the possibility of seeking asylum in the US as President-elect Donald Trump prepares to assume office less than a week from now and the debate over H-1B reforms heats up.
A Seattle-based freelance agent told TOI that he received over 50 enquiries about the process from Indian students in the past six weeks. While enquiries aren't unusual, the load of calls certainly is, he said.
"Most are on the verge of completing their courses. They are worried about being forced to return if they do not land jobs that assure them H-1B visas. They are looking at asylum as their last resort," said the agent, who has been handling asylum applications for 11 years.
That these students have large education loans to repay back home has compounded their stress.
But as the agent mentioned, the process of seeking asylum isn't an easy one to navigate.
"The chances of getting through are often slim as they heavily depend on one's background, reasons and documentation. But despite this, some of those who reached out have expressed their interest to proceed with the application process," he said.
Some applicants admitted to growing uncertainty over the administration change pushing them towards the asylum route.
"Most of my seniors are still stuck in random jobs. Now, with Trump taking over, there are chances of the Optional Practical Training (OPT) extension for STEM graduates being changed and student visa durations being reduced," said a 24-year-old student from Gujarat who initiated the process last week.
He added: "Since I come from a financially weak family, staying in the US is my only way of repaying the education loan and other debts my family in India incurred. Given the circumstances, seeking asylum is the only viable option once I complete my course this year."
The master's student said he learned about the asylum route from a senior who recently applied for it. "Like him, I have cited political threats (back home) as the rationale for my application.".
A 29-year-old applicant from Telangana said his scores were low, making it unlikely that he would land a job. "Since my primary reason for coming to the US was to earn enough to support myself and my family, I have decided to seek asylum. Also, because I am worried that the new administration might make it tough for those like me to stay afloat on odd jobs," he said. "My documents are ready; I just need to complete a few formalities before applying for it next week."
According to an agent from Texas, a smaller pool of Indians on tourist visas is also mulling seeking asylum. "It is quite common for travellers, including those from India, to visit the US and then overstay. However, those who have arrived recently are considering the asylum route fearing a crackdown on illegal migrants under the Trump administration."
One among them is a 32-year-old man living in Atlanta. He has cited religious persecution as the reason for seeking asylum.
"I attempted IELTS three times but couldn't secure the required score. So, I have now come on a six-month tourist visa. This was not planned. I thought I would just stay back after six months, but with Trump ramping up efforts to crackdown on illegal migrants, I have decided to try the asylum route," he told TOI over phone.
"My lawyer has drawn up my documents and the process will begin next month. I am told that it might take more than a year for it to come through, so I will apply for an Employment Authorization Document (EAD) to work here until then," he added.
To qualify for asylum in the US, applicants must demonstrate that they have faced, or fear persecution based on religion, race, etc. Applicants must also be physically present in the US and cannot hold American citizenship "The process is lengthy, and there's a constant risk of deportation during the process if even a single fraudulent document is discovered or if their claims are proven false. There have been numerous cases like this," said a Texas-based lawyer.
"The rising number of applications has also triggered stricter scrutiny. It's no secret that many applications are fraudulent. With increasing speculation around H1Bs, employment, and push to domestic jobs, rejections are likely to rise."