A recent freeze on green card applications for eight major tech companies is causing significant anxiety among Indian tech workers in the US, leading many to reconsider their options for permanent residency.
Karthik S., a technology professional residing in San Jose, California, submitted his green card application two months ago and is anxiously awaiting approval. His H-1B visa, which allows him to work in the United States, is valid until 2028. Like many others in similar positions, Karthik frequently refreshes the Department of Labor’s website, hoping for updates on his application status.
The situation has been exacerbated by a recent decision from the US government to freeze the green card program for eight prominent tech companies: Microsoft, Capgemini, Cognizant, Adobe, Tata Consultancy Services (TCS), Infosys, Wipro, and HCL Technologies. This freeze entails halting new applications for Permanent Labor Certification (PERM) and pausing the processing of pending PERM applications.
As the clock continues to tick on their six-year H-1B visa limit, many workers like Karthik are left contemplating a return to their home country. H-1B visa holders without pending or approved PERM applications are faced with limited options for remaining in the US. Gnanamookan Senthurjothi, an immigration attorney and founder of The Visa Code, explained that some individuals might be able to file for dependent visas if they have a spouse working in the United States. Others might resort to temporary solutions such as tourist or business visas, albeit these are not sustainable long-term solutions.
The PERM Journey
The freeze impacts not only H-1B visa holders awaiting PERM approval but also those who have advanced further in the process. For example, Gowri Maddoori, who moved to the US in 2015 and has an approved I-140 petition, voices her concerns about the protracted timeline for obtaining a green card. “We have been told we must wait at least 20 years,” Maddoori remarked, highlighting the anxiety shared by many in the Indian community. “I have invested in a house, and now we are scared about what happens if I lose my job.”
The bottleneck in green card issuance is partly due to the annual caps on the number of green cards available, which creates an overwhelming backlog of applications. As Maddoori noted, the lengthy wait has prompted many to adopt a ‘wait-and-watch’ mindset, hoping for policy changes before their time in the US ends.
Rahul Borude, founder of StampMyVisa, an AI-driven visa processing platform, noted that H-1B holders trying to return to India for visa stamping are also facing challenges with lengthy appointment waits. In some cases, individuals are exploring alternative visa options, such as the O-1 visa, which is designed for individuals with extraordinary abilities in fields such as science, arts, and athletics.
Challenges of Uncertainty
Despite the availability of some workarounds, many Indian tech workers are resigned to the uncertainty of their future in the US. The waiting period during the PERM process can be exceptionally challenging, as the ability of H-1B visa holders to extend their stay depends on the stage of their application. According to Poorvi Chothani, an immigration attorney with offices in Mumbai and Florida, H-1B workers can qualify for extensions beyond the six-year limit in one-year increments if their PERM application or I-140 petition was filed at least 365 days earlier. An approved I-140 can allow for extensions of up to three years at a time if a green card number is unavailable.
Immigration experts indicate that an approved I-140 provides a degree of portability, allowing workers to change employers while retaining their priority date, although this requires restarting the PERM process with a new employer. The most favorable situation for an applicant is having a pending I-485 application, which allows individuals already in the US to apply for a green card without needing to return to their home country for consular processing.
Exploring Alternative Visa Pathways
Some Indian workers are also seeking green cards through other categories beyond the standard EB-2, which is typically favored by tech professionals. For instance, the EB-2 National Interest Waiver (NIW) allows qualified individuals to bypass the PERM process but is limited to those who have made significant contributions to national interest projects. Additionally, the EB-1 visa, often referred to as the “Einstein visa,” is available to individuals with extraordinary abilities but is generally out of reach for most workers.
Amid the challenges of navigating the US immigration system, Indian tech workers are also coping with broader economic pressures, such as inflation and rising interest rates. For individuals like Gowri Maddoori, who purchased a home recently, the prospect of increased property taxes further complicates their situation. “We worry about how to unload the property if we have to leave the US on short notice,” she expressed, encapsulating the precarious nature of their circumstances.
As the US immigration landscape becomes increasingly difficult for H-1B workers, there is growing speculation that some may seek opportunities elsewhere, such as in Canada, Australia, or Europe. Adhira Dev, head of sales at Hodophiles Xplore Visas, noted that the competitive nature of the US visa process has prompted some clients to explore international options. “We have seen individuals applying for visas to both Canada and Australia as they seek more stable opportunities,” she stated.
