Trump 2025 Immigration Orders: Urgent Advisory for Indian Clients

From January 2025, President Trump’s new immigration orders have created three main legal flashpoints:

(1) birthright citizenship limits,

(2) a broad 19‑country travel ban, and

(3) a USD 100,000 H‑1B fee for many new petitions from abroad.

All three are under active challenge in U.S. federal courts, but for now they are partially or largely in force, so Indian clients must plan assuming higher risk and cost, particularly for H‑1B strategy and for families where U.S.‑born children’s citizenship may be questioned at the margins.

• For H‑1B: New overseas filings may attract the USD 100,000 fee unless exempt; advise employers to consider alternatives (L‑1, O‑1, remote work) and to review business models that rely on offshore‑to‑onsite rotation.
• For U.S.‑born children of non‑LPR parents: Flag that EO 14160 is blocked in part but the Supreme Court has the issue; advise careful documentation and warn that final resolution is pending.
• For the June 2025 travel ban: Clients with dual nationality, family or business links to the 19 affected countries need bespoke routing, nationality, and passport‑usage advice; the ban does not target India but can indirectly affect Indian multinationals and mixed‑nationality families.

Litigation and practical impact:

Executive action (2025)	Main content (immigration/visa)	Who is affected in practice (esp. Indians)	Court challenge & current status
EO 14160 – “Protecting the Meaning and Value of American Citizenship”	Narrows birthright citizenship to children of U.S. citizens and lawful permanent residents only.	Indian H‑1B/F‑1/L‑1 families with U.S.‑born children; risk to automatic citizenship if EO is upheld, though currently not fully in force.	Multiple federal suits + Supreme Court review; broad preliminary injunctions keep key parts unenforceable; partial stay means uncertainty until final decision.
June 2025 “travel ban” for 19 countries (EO under INA 212(f))	Full entry ban for nationals of 12 countries; partial suspension of B‑1/B‑2/F/M/J and immigrant visas for 7 more.	Indian clients are indirectly affected through spouses/partners, staff, or projects involving nationals from banned countries; Indian passport holders are not banned.	NGOs and individuals have sued, arguing overreach and discrimination; no nationwide block, so bans remain largely in force while cases proceed in appellate courts.
Proclamation – “Restriction on Entry of Certain Nonimmigrant Workers” (H‑1B fee)	Imposes around USD 100,000 fee for many new H‑1B petitions for workers outside the U.S., with narrow exceptions.	Indian IT/tech professionals and Indian‑headquartered outsourcing companies; sharply raises cost of new H‑1B hires from India and may shift demand to L‑1/O‑1 or remote work. ​	Around 20 U.S. states plus business/education groups have sued, alleging lack of statutory authority and APA violations; courts have not (yet) enjoined, so USCIS is collecting the fee pending outcome.
Border “invasion” / asylum & expedited‑removal orders (Jan 2025)	Declares emergency, tightens asylum eligibility, expands expedited removal, and limits release after entry.	Mainly affects asylum seekers at the southern border; limited direct effect on Indian professionals/students, but relevant for Indian nationals using third‑country routes.	Civil‑rights and immigrant‑rights suits have led to partial injunctions (particularly on some asylum‑limiting provisions); core enforcement posture remains active. ​
Refugee‑admissions reduction/suspension orders	Slashes refugee ceiling and pauses many new refugee admissions, with narrow exceptions.	Limited direct impact on typical Indian employment‑ or family‑based cases; relevant for certain religious‑minority or conflict‑zone Indian clients.	Litigation has forced processing of some already‑approved cases, but lower ceilings and tighter criteria largely stand while cases are pending.​

What Indian IT Pros Must Know Now

President Trump’s 2025 executive actions hit Indian IT workers hardest through the $100,000 H-1B fee and rising scrutiny, forcing a rethink of U.S. career strategies. This blog breaks down the real risks and practical steps for Indian citizens on H-1B, L-1, or pursuing them.

H-1B Fee: Game-Changer for Indian Talent Pipeline

The September 2025 proclamation mandates a $100,000 one-time fee for many new H-1B petitions filed from outside the U.S., targeting the offshore-to-onsite model that powers Indian IT giants like TCS, Infosys, and Wipro. Indians, who receive over 70% of H-1Bs, face slashed job offers, stalled transfers, and a pivot to L-1 intra-company visas, O-1 extraordinary ability, or staying remote in India. ​

Litigation by 20 states is underway, but no injunction blocks USCIS from collecting fees yet—plan as if it’s permanent.

Indirect Hits: Travel Bans and “Third World” Threats

India avoids the June 2025 19-country travel ban, but Indian firms lose productivity from denied visas for Afghan, Iranian, or African staff on mixed projects. Trump’s “permanent pause” rhetoric and USCIS green-card re-exams signal more RFEs, delays, and birth-tourism crackdowns affecting H-1B families.

5 Urgent Steps for Indian IT Professionals

• Pause non-essential travel: Avoid visa stamping abroad if on H-1B extension or amendment—consulates are unpredictable.
• Diversify visas: Push employers for L-1 (no cap, intracompany) or O-1; students, aim for cap-exempt H-1B via universities. ​
• Build Plan B: Canada Express Entry, UK Skilled Worker, or UAE Golden Visa now process faster than U.S. paths.
• Document aggressively: Extra proof of ties, wages above median, and U.S. job necessity counters rising scrutiny.
• Employer talks: Ask HR about fee absorption, remote options, or U.S. campus hiring to bypass overseas fees. ​

Quick Risk Table: Trump Policies vs. Indian IT Cases

Policy	Indian IT Impact	Status	Action
H-1B $100K Fee	Blocks new hires from India	In force (suits pending)	Switch to L-1/O-1
Travel Ban (19 countries)	Project delays for mixed teams	Active	Reroute nationalities
Green Card Re-exams	EB-2/3 delays, more RFEs	Expanding	Over-prepare evidence
Birth-right Limits (EO 14160)	H-1B family uncertainty	Partly blocked	Dual-citizenship planning

Stay ahead: Consult specialists like Ajmera Law International for case reviews. Share if this helps your network!

Choosing the Right Country and Program for Higher Study: Strategic Advice from International Career Counselors

Choosing where and what to study abroad is one of the most crucial decisions for any student aiming for higher education overseas. This decision impacts not just your academic journey but also your career prospects, social life, and future opportunities such as immigration. International career counselors are invaluable in helping students navigate this complex process and make well-informed choices.

Here are some strategic tips and important factors to consider when selecting the right country and program for your higher studies:

1. Clearly Define Your Career Goals

Before you start looking at countries or programs, clarify your career objectives:

• Which industry or field are you passionate about? 
• What job roles do you want to pursue after graduation? 
• What qualifications and skills are essential for those roles? 

Understanding your career goals allows you to shortlist programs with curricula that align with your ambitions, including relevant internships and industry links.

2. Explore Country-Specific Benefits

Every country has its unique benefits for international students:

• USA: Offers world-class research facilities, diverse programs, and numerous funding options. Costs can be high and work visa rules stringent. 
• Canada: Known for quality education, accessible immigration pathways, and generous post-study work permits. 
• UK: Features shorter course durations and strong reputations in areas like finance, law, and humanities. 
• Australia & New Zealand: Balance between research, work-study opportunities, and favorable points-based immigration systems. 
• Germany & Netherlands: Offer affordable or free tuition, especially for engineering and technical courses. 

When choosing a country, consider work permit policies, living expenses, cultural compatibility, language requirements, and available job prospects. Government websites often provide detailed analyses of labor market demands for specific programs—use this data to make informed decisions.

3. Assess Program Curriculum and Industry Relevance

Don’t just rely on university rankings. Dive into the details such as:

• The syllabus and how up-to-date it is with industry trends 
• Faculty expertise and research opportunities 
• Availability of internships, co-operative placements, or practical training 
• Strength of the alumni network and career support services 

Choose programs that equip you with skills currently in high demand.

4. Verify Accreditation and Recognition

Make sure your chosen institution and program are officially accredited and recognized in the country you wish to study or work. This is essential for professional licensing, further education, and employment prospects.

5. Understand Immigration and Work Opportunities

Study the immigration policies, post-study work permits, and pathways to permanent residency of the countries you are considering. Many countries require employer sponsorship for work permits after initial post-study work authorization. However, countries like Canada, Australia, and New Zealand offer points-based immigration systems where you may not need a sponsor if your education and work experience are in demand. Keep in mind these demands change over time.

6. Include Financial Planning and Scholarships in Your Decision

Tuition and living costs vary greatly across countries and programs. Find options that align with your budget and investigate scholarships and financial aid opportunities. Remember, studying abroad is one pathway—some countries also offer direct immigration routes without the need for overseas study or work. Countries like Canada, Australia, and New Zealand offer multiple options worth exploring.

7. Leverage Expertise from International Career Counselors

International career counselors provide valuable insights gained from years of experience across education systems worldwide. They can assist you in:

• Matching your academic profile to suitable programs and countries 
• Guiding you through university applications and visa procedures 
• Offering realistic advice on employment and immigration possibilities post-study 

Conclusion

Choosing the right country and program is a strategic decision that shapes your educational and professional future. Thorough research, clarity about career goals, and guidance from experienced counselors will help you select the best-fit program and university. This is especially critical at the master’s level, where your choices profoundly influence your career trajectory and global opportunities.

Financial Planning for Study Abroad: Scholarships, Loans, and Budget Management

Studying abroad is a dream for many students and their families, but the financial aspect often causes considerable stress. Without careful planning, costs can escalate, and financial challenges can arise both during and after studies. This guide offers practical advice to help Indian students and their parents plan effectively for overseas education.

1. Start Financial Planning Early for Parents

Early planning is essential for success. Ideally, Indian parents who want their children to study abroad should start planning years in advance—not when the child is in Grade 10 or 12, which is often too late. Early financial planning allows for diversification and inclusion of foreign currency components, protecting families against:

• Currency depreciation, especially the weakening of the Indian Rupee against the US Dollar and other major currencies
• The steadily rising costs of education and living expenses abroad
• The risk of students not securing the right job abroad post-studies, affecting their ability to repay loans or contribute financially to the family

2. Common Financial Challenges Faced by Indian Families

Many families struggle due to a lack of strategic planning:

• Relying solely on savings in Indian Rupees exposes them to currency risk
• Taking education loans without a clear repayment plan can become a heavy burden
• Misjudging the difference in education costs for local vs. international students abroad
• Changing spending habits—Indian parents increasingly spend abroad but are not saving enough for education expenses
• Feeling rushed and reluctant to explore more economical options for settling abroad, leading to costly last-minute decisions

3. Scholarships: Reduce Your Funding Gap for students

Scholarships are a valuable way to reduce the financial burden. Indian students should research and apply early for scholarships based on merit, need, country, or course-specific awards. Even partial scholarships lower the total cost and loan amount needed. However stay away from first year scholarship from many foreign education institutes as it may be to get you in the university and not a real scholarship.  

4. Education Loans: Choose Wisely for parents and students

Education loans are often essential to cover tuition and living costs. When taking a loan:

• Understand your repayment capabilities
• Consider interest rates, tenure, and prepayment options
• Explore no-cosigner loan options or those based on future earning potential
• Plan for currency fluctuations impacting repayment in Indian Rupees
• Do not depend on part time jobs to repay loan.

5. Budget Management: Comprehensive and Realistic

Parents and students should prepare a detailed budget including tuition, accommodation, food, transport, health insurance, books, visa fees, and emergency expenses. Opening international bank accounts or forex cards can help manage money efficiently abroad.

6. Work Opportunities and Part-time Jobs

Countries often allow international students to work part-time, which can help manage day-to-day expenses. Understanding these regulations early can assist students in planning realistic budgets. Howver one can not depend on this.

Final Thoughts for Indian Parents

The biggest mistake many Indian parents make is delaying financial planning until late, which restricts options and increases stress. Starting early allows for building diversified savings, exploring scholarships, and choosing appropriate loans aligned with family income and repayment ability.

Strategic financial planning protects families from unexpected hardships and helps students focus wholly on their studies abroad—turning dreams into achievable realities.

Need Help Planning your foreign education and its options along with global financial planning?

For professional advice tailored to Indian families, contact Prashant Ajmera—immigration lawyer and career counsellor—with over 33 years of expertise.

📞 Call: 9974253030
📧 Email: info@ajmeralaw.com
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Start your planning today for a stress-free study abroad journey!

🏢 Branch Office vs. Wholly Owned Subsidiary: A Legal Guide for Indian Businesses Expanding Abroad 🌍

As Indian companies grow and achieve sustained export success, the next logical step is to establish a physical presence in foreign markets. But which route should you choose — Branch Office or Wholly Owned Subsidiary (WOS)?

Each structure has its own legal, tax, and compliance implications. Here’s a detailed comparison, including Indian legal provisions and regulations in key international markets.

 

🔹 1. Branch Office (BO)

A Branch Office is not a separate legal entity — it functions as an extension of the Indian parent company. Ideal for market representation, liaison, and customer service.

✅ Indian Legal Framework

• FEMA Regulations:
  Under FEMA Notification No. FEMA 7(R)/2015-RB:
  • All financial transactions must go through an authorized dealer bank.
  • BOs cannot manufacture, but can engage in:
    • Consulting
    • Marketing
    • Research and development
• RBI Guidelines:
  • RBI approval is mandatory if the country is not under the automatic route.
  • Annual compliance filings with RBI are compulsory.
• Taxation:
  • All income earned is taxed in India as part of the parent company’s global income.

🌍 Foreign Regulations

• USA:
  • Must register with the Secretary of State.
  • Income taxed under US corporate tax as Indian entity’s income.
• UAE:
  • Must obtain a Trade License.
  • Requires a local sponsor or agent.
  • Can offer services but cannot manufacture or trade locally.

🔹 2. Wholly Owned Subsidiary (WOS)

A WOS is a completely independent legal entity in the foreign country, fully owned by the Indian parent.

✅ Indian Legal Framework

• Companies Act, 2013:
  • Must comply with Section 379 if operations affect India.
  • Must maintain consolidated financials and proper governance.
• RBI – Overseas Direct Investment (ODI):
  • Falls under the ODI Regulations.
  • Automatic route applies for most countries; approval needed in restricted jurisdictions.
• Taxation:
  • Profits are taxed abroad.
  • Dividends to India are subject to DTAA (Double Taxation Avoidance Agreement) benefits.

🌍 Foreign Regulations

• USA:
  • Register as C Corp, S Corp, or LLC.
  • Offers liability protection.
• UK:
  • Incorporated under Companies Act, 2006.
  • Must register with Companies House and appoint a local director.
• Singapore:
  • Governed by the Companies Act, Cap. 50.
  • Must have at least one local resident director.

⚖️ Branch Office vs. Wholly Owned Subsidiary: Key Differences

Feature	Branch Office	Wholly Owned Subsidiary
Legal Status	Extension of Indian Co.	Separate legal entity
Activities	Liaison, service, marketing only	Full-scale operations incl. manufacturing
Liability	Indian company liable	Limited to subsidiary’s assets
Taxation	Taxed in India	Taxed abroad
Compliance	RBI + FEMA	ODI + Host country laws
Closure	Easier to close	Requires liquidation or sale

🌍 Key Considerations Before Choosing a Market

1. DTAA (Double Tax Treaties)
   Minimize tax on overseas income with treaty benefits.
2. Ease of Doing Business
   Prefer countries with strong governance, low bureaucracy, and digital systems.
3. Government Incentives
   For example, Singapore offers startup tax exemptions.
4. Trade Agreements
   Leverage India’s FTAs and bilateral treaties for easier market access.

🚀 Conclusion

Choosing the right entry structure is critical for regulatory compliance, tax optimization, and long-term success. Whether you go for a Branch Office or a Wholly Owned Subsidiary, proper planning is essential.

🔍 Want to expand your Indian business globally the right way?

📞 Call International Business Lawyer Prashant Ajmera at
📲 +91 99742 53030
🌐 Or Read More on Our Blog: www.ajmeralaw.com/blog

#IndianBusinessAbroad #GlobalExpansion #BranchVsSubsidiary #FEMA #ODI #ExportStrategy #AjmeraLawGroup #GoGlobal #MakeInIndia #InternationalMarkets

Grenada Residency and Citizenship by Investment: Your Pathway to the USA with the E-2 Visa

In recent years, Grenada has emerged as one of the most attractive destinations for residency and citizenship by investment (CBI). Nestled in the Caribbean, this picturesque island nation offers not just a serene lifestyle but also a unique opportunity to access the United States through the E-2 visa treaty. In this blog, we’ll explore the benefits of Grenada’s CBI program, the pathway to the U.S. E-2 visa, and the 3-year domicile requirement that ensures compliance with the program’s regulations.

Why Grenada?

Grenada’s Citizenship by Investment program is among the most flexible and accessible in the world. With updated investment requirements, applicants can choose between the following options:

• National Transformation Fund (NTF) Contribution:
  

• A non-refundable contribution of $235,000 USD to the NTF.
  

• This option is suitable for individuals or families seeking a straightforward path to citizenship.
  

• Real Estate Investment:
  

• Option 1: An investment of $270,000 USD in a government-approved real estate project.
  

• Option 2: An investment of $350,000 USD in a government-approved single-unit property.
  

• In both cases, the property must be held for a minimum of five years.
  

• This option allows investors to potentially earn returns from their real estate investment.
  

Key benefits of Grenadian citizenship include:

• Visa-free travel to over 140 countries, including the Schengen Area, the United Kingdom, and China. 

• Dual citizenship allowed without the need to renounce your current nationality.
  

• No global income, inheritance, or wealth taxes for citizens.
  

However, what truly sets Grenada apart is its treaty with the United States, which opens the door to the coveted E-2 visa.

What is the E-2 Visa?

The E-2 visa is a non-immigrant visa that allows individuals from treaty countries, including Grenada, to enter and work in the United States through investment in a U.S.-based business. Key features of the E-2 visa include:

• Relatively Low Investment Threshold: While there is no fixed minimum, investments typically range between $100,000 and $500,000.
  

• Work Authorization: Investors can actively manage their business in the U.S., and their spouse can also apply for work authorization.
  

• Renewable Status: The E-2 visa can be renewed indefinitely as long as the business remains operational and compliant.
  

• Family Inclusion: Spouses and children under 21 can accompany the primary applicant, with children eligible for U.S. education.
  

Grenadian citizens enjoy privileged access to the E-2 visa, making Grenada’s CBI program a gateway for global entrepreneurs and investors seeking to establish themselves in the United States.

Which Family Members Can Be Included?

Grenada’s Citizenship by Investment program allows applicants to include the following family members:

• Spouse: The applicant’s legally married partner.
  

• Children: Dependent children under 30 years of age, including biological, adopted, or stepchildren.
  

• Parents and Grandparents: Parents or grandparents of the main applicant or spouse, provided they are financially dependent on the applicant.
  

• Siblings: Unmarried siblings of the main applicant or spouse who do not have children.
  

This comprehensive family inclusion ensures that Grenada’s CBI program benefits the entire family unit.

Pathway to the E-2 Visa

• Obtain Grenadian Citizenship:
  

• Apply through the Citizenship by Investment program by investing in government-approved real estate or the National Transformation Fund.
  

• Receive Grenadian citizenship within three to six months.
  

• Plan Your U.S. Investment:
  

• Identify a business opportunity in the United States.
  

• Make a substantial and at-risk investment in the business.
  

• Apply for the E-2 Visa:
  

• Submit your application at a U.S. Embassy or Consulate.
  

• Provide proof of Grenadian citizenship, business investment, and intent to develop and manage the enterprise.
  

• Move to the United States:
  

• Once approved, you and your family can relocate to the U.S., gaining access to unparalleled economic and educational opportunities.
  

Understanding the 3-Year Domicile Requirement

While Grenada’s CBI program offers immense benefits, it also includes a domicile requirement to ensure genuine ties to the country. Applicants must:

• Establish a physical presence in Grenada within three years of obtaining citizenship.
  

• Maintain ties to Grenada by visiting periodically or retaining local investments.
  

This requirement ensures the integrity of the program and reinforces Grenada’s reputation as a trustworthy and compliant jurisdiction for citizenship by investment.

Why Choose Grenada for Your CBI Journey?

Grenada’s unique combination of a high-quality CBI program and access to the U.S. E-2 visa makes it a standout choice for global investors. By choosing Grenada, you not only secure a second passport but also create a pathway for expanding your horizons in the United States.

If you’re considering Grenada as your gateway to global mobility and U.S. opportunities, contact us today for expert guidance on the process. Let us help you turn your investment into a lifetime of possibilities for you and your family.

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

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**EB-5 Interest: India is Not China!**

**Don’t Rush and Make the Wrong EB-5 Project Choice**

The October 2024 Visa Bulletin from USCIS confirms my view.

Since 2014, EB-5 regional centers and project owners have been entering the Indian market, predicting that India would follow China’s path in terms of EB-5 demand due to the large populations of both countries. Many EB-5 projects in India are marketed with the warning that India’s EB-5 wait times will soon be as long as China’s.

However, based on my 30+ years of experience in the Residency & Citizenship Industry, I have consistently said over the past decade that India will never reach China’s level of EB-5 backlog. This is due to several reasons, including India’s economy, democratic system, cultural diversity, and even lifestyle differences.

The October 2024 Visa Bulletin from USCIS confirms this view.

For Indian investors, the priority date for EB-5 visa issuance (Table A) is January 1, 2022, and for EB-5 file processing (Table B), it’s April 1, 2022—dates aligned with the introduction of new EB-5 regulations. In contrast, China’s EB-5 priority date for visa issuance is July 15, 2016, and its file processing date is October 1, 2016.

Indian investors should carefully evaluate their options before selecting a project, whether it’s a standalone direct investment (under new rules, only one EB-5 investor is allowed per project) or a regional center project.

It is also crucial to work with an experienced EB-5 immigration attorney who has expertise in filing EB-5 petitions. Engaging just any lawyer may not suffice. An Indian immigration lawyer with experience in this area can also assist in documenting the source of funds, which is a critical aspect of EB-5 approval.

At our law office, we are currently managing cases filed in 2020-2021, which have received detailed Requests for Evidence (RFE) from USCIS, mainly concerning the source of funds.

Don’t rush into an EB-5 investment and risk your capital. Investing in a project connected to friends or family does not guarantee the security of your EB-5 investment. Take the time to conduct proper due diligence and make informed decisions.

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com