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Impact of New US Visa Policies on Indian IT Professionals

Recent changes in US visa policies have raised concerns among Indian IT professionals, particularly regarding the exclusion of major companies from the Green Card facilitation program. This article delves into the implications of these changes, explaining the Green Card and PERM processes, and highlighting the potential impact on Indian engineers working in the US. With a backlog of applicants already in place, the new regulations could complicate the path to permanent residency for many. Discover how these developments may affect your future in the US job market.
 

Concerns Arise Over US Visa Changes



The recent announcement of a $70,000 fee for work visas post-study has heightened concerns among Indian professionals in the United States. Notably, major Indian IT firms such as TCS, Wipro, HCL, Infosys, and Cognizant have been excluded from a program that facilitates Green Card applications. This article explores the implications of this decision for Indian workers in the US and clarifies the Green Card process.


Understanding the Green Card

A Green Card is an essential document that signifies legal permanent residency in the United States. Many individuals relocating to the US for work aspire to obtain this card, as it allows them to reside in the country indefinitely, akin to a US citizen. Various pathways exist for acquiring a Green Card, one of which is the Program Electronic Review Management (PERM) process, now limited for Indian firms.


Explaining the PERM Process

The Program Electronic Review Management (PERM) system is vital for companies aiming to assist their top talent in obtaining an employment-based Green Card. This process involves securing certification from the Department of Labor. Unlike the traditional visa application, where individuals apply independently, the PERM process allows companies to submit applications on behalf of their employees, making it generally more straightforward. This pathway is distinct from the H-1B visa, which is temporary, while PERM leads to permanent residency.


Who Will Be Affected?

The recent policy change primarily impacts Indian engineers employed by the aforementioned tech companies. This decision poses a significant setback for those hoping to secure a Green Card, as the backlog of Indian applicants is already extensive, with many waiting for years. The new restrictions are likely to exacerbate this situation.


Potential Consequences for Indian Employees

Indian workers may face the possibility of having to leave the US due to the new regulations. The PERM process is crucial for extending H-1B visas; without it, remaining in the US beyond the six-year limit of the H-1B visa could become challenging. Those who have successfully completed the PERM process can apply for a three-year extension.


US Government's Justification

The rationale behind this policy change aligns with the argument made regarding the proposed fees for students seeking employment. The US government claims that fraudulent activities within the PERM process hinder American citizens from obtaining jobs they deserve. Allegations suggest that companies have been favoring foreign workers due to lower wage demands, prompting a shift towards hiring American employees instead.


Since 2009, these companies have reportedly sought Green Cards for around 3 million foreign workers, with over 230,000 receiving H-1B visas and more than 100,000 obtaining Permanent Labor Certification.