US PERM Action Won’t Affect H-1B Visa Holders, Say Experts
Immigration experts say the US suspension of PERM applications for eight technology companies will delay some green card cases but will not automatically cancel H-1B visas.
Immigration experts on Friday said the Donald Trump administration’s decision to suspend eight major technology companies from the employment-based green card process will be limited to the companies named in the order, and other H-1B visa holders need not worry.
The eight companies, which faced suspension, include Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS), Wipro, HCL Technologies and Capgemini. With this, these companies cannot submit applications for the Permanent Labour Certification (PERM) or green card programme of their employees.
“Any company sponsoring a person for permanent residency through PERM must prove that the candidate has the skills and expertise that are not available among local talent. The allegations are that companies are hiring foreign workers even when local people have the required skills,” Dinesh. M, an immigration consultant said.
The immediate impact will be on employees of the eight companies whose PERM applications are pending, as well as those preparing to begin the process, the expert said. Those unable to start their applications could face delays in their green card journey, particularly given the long waiting periods for Indian applicants.
The PERM suspension does not, by itself, cancel existing H-1B visas or green cards. Nor does it automatically invalidate every green card application filed by employees of the affected companies. The expert said the current action should not be mistaken for a blanket cancellation of immigration status.
“For now, there is no need to panic about H-1B cancellations or green card cancellations. There could be delays for those waiting to apply for PERM, but the impact right now is limited to these eight companies,” Dinesh added.
Sundeep Kumar Makthala, chairman of World Telugu Information Technology Council (WTITC), said Telugu professionals form a significant part of the technology workforce in the US, and uncertainty over immigration pathways could encourage some to consider returning home.
“India now has an opportunity to build the right ecosystem to bring our workforce back. We have brilliant talent in IT, telecom and other important sectors. If we improve these sectors, we can bring back our talent and strengthen our industrial base,” he said.