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A very worrying news is coming out from Washington for millions of Indian IT professionals and skilled workers who are fulfilling their career dreams in America. The US administration is going to make major changes in the country’s immigration policies and rules related to work permits, which will have the most direct and profound impact on Indian tech workers living in America. It is reported that the US government is now working towards making the extension process for H-1B visa holders more stringent and complicated instead of making it easier. This decision is being considered no less than a big blow for Indian citizens who have been waiting for a Green Card (Permanent Residency) for a long time and living with their families in America, because now they will have to face legal challenges to maintain their jobs and stay in America.
With the help of non-immigrant H-1B visa in America, every year thousands of skilled professionals in the technology, engineering and research fields from all over the world come to work in the top companies there, out of which Indians alone account for more than 70 percent. Under the system in place till now, companies could easily apply for extensions for their employees after the initial three-year visa period expired. But according to the new policy proposals, now at the time of visa renewal, the educational qualification of the applicant, the salary levels offered by the company and the impact on the local employment market of America will be assessed very minutely and rigorously. Additionally, policies that previously granted companies automatic exemptions to the extension process are being phased out, requiring each new application to undergo the same rigorous scrutiny as any new application.
From America’s Silicon Valley to big states like New York, California and Texas, giant tech companies are largely dependent on Indian engineers and software experts. This new policy change will have a direct impact on the employees of Indian tech giants like Tata Consultancy Services (TCS), Infosys, Wipro and HCL as well as global US companies like Google, Microsoft and Meta who are working there on H-1B visa. Not only is the visa approval rejection rate likely to increase due to the difficulty of the extension process, but prolonging the legal process may also temporarily jeopardize the right of visa holders to work in America. This uncertainty is forcing Indian engineers to think about their employment and future.
The biggest challenge for Indian H-1B visa holders is their indefinite green card backlog. Due to the seven percent quota limit set for each country, Indian citizens have to wait for decades to get permanent residency i.e. green card. Until an employee receives a green card, he or she is required to extend his or her H-1B visa every three years. Under the currently applicable provisions, those whose ‘I-140’ (Immigrant Petition for Alien Worker) has been approved could get an extension of three years indefinitely even after the normal limit of six years. However, the new rules are said to curb the flexibility related to extension, which has given sleepless nights to millions of Indian families who have been living in America for the last 10 to 15 years and their children are studying in schools and colleges there.
The impact of this new proposed law or policy change will not be limited only to the employees, but the American economy and companies may also suffer huge losses. When getting an H-1B extension becomes complicated, companies will have to spend huge amounts of money in legal fees, compliance costs, and administrative processes. Tech industry organizations and immigration experts say the US could lose its ability to attract the best talent from around the world due to overly stringent rules. Companies may now look towards strengthening their offshore centers located in India, Canada, Europe or other countries, which may also impact the innovation pace of American companies.
The tightening of H-1B rules will have a major social impact on the lives of Indian families. H-4 visas are granted to spouses and children of H-1B visa holders. As per the previously applicable rules, the spouses of H-1B holders whose I-140 was approved were allowed to work in the US (H-4 EAD). But if the main H-1B holder’s extension itself is delayed or disrupted, their spouse’s work permit will also be at direct risk. Additionally, children who are about to turn 21 will no longer be able to legally depend on their parents’ visas and may have to leave the US or transfer to another student visa.
The Government of India and the Ministry of External Affairs are also keeping a close eye on this changing policy of America. Indian trade bodies and immigration lawyers are advising Indian professionals working in the US to start preparing their visa renewal documents well in advance. It is being advised that companies keep in touch with their Immigration Attorneys so that steps can be taken accordingly as soon as any rule comes into force. Analysts believe that in the future, the scrutiny and interview rounds in visa processes may become more stringent, hence having legally correct and transparent documents is the only way to avoid any unexpected problems.