A group of Silicon Valley lawmakers have expressed concerns over the widespread tech industry layoffs and have reached out to the US immigration agency to safeguard the immigration status of H-1B visa holders - the most coveted visa type among Indian IT professionals.
The recent layoffs at major companies such as Google, Microsoft, and Amazon, had led to numerous highly-skilled foreign-born workers, including Indians, losing their jobs in the US.
Reports from US media indicate that almost 200,000 IT workers have been laid off since November last year, with an estimated 30 to 40 percent being Indian IT professionals, many of whom are on H-1B and L1 visas. The lawmakers seek to ensure that these workers can stay in the US despite losing their jobs.
The group of lawmakers who penned the letter addressed to Ur Mendoza Jaddou, the Director of US Citizenship and Immigration Services (USCIS), emphasised the high value of the skills possessed by H-1B visa holders in today's knowledge-based economy.
The lawmakers argue that it would be detrimental to the long-term economic competitiveness of the US if these highly skilled immigrants were forced to leave the country. The letter was sent by Congressmen Zoe Lofgren, Ro Khanna, Jimmy Panetta, and Kevin Mullin, with Lofgren, a former Chair of the House Subcommittee on Immigration and Citizenship.
"This issue is of great importance to our constituents because layoffs in the tech sector have accelerated in recent months. The number of tech jobs lost since the beginning of 2023 has already surpassed the total number of layoffs in 2022," the letter said.
The letter also requests the release of data on the impact of recent tech industry layoffs on affected H-1B visa holders, guidance to adjudicators, and an extension of the grace period for laid-off H-1B holders.
The H-1B visa is used by US companies to employ foreign workers in specialty occupations requiring technical or theoretical expertise, with technology firms relying heavily on the program to hire thousands of workers from India and China each year.
Lawmakers requested data from the USCIS director on H-1B visa holders who have maintained legal status after job loss or left the country, as well as approval and denial rates for visa applications from newly unemployed H-1B holders. They called for the release of this data publicly to help unemployed H-1B holders make informed decisions within the 60-day grace period.
They asked for information on the processing time for visa applications submitted by newly unemployed H-1B holders. They also expressed concern about potential consequences of processing times that exceed the 60-day grace period, as individuals must leave the US immediately if their visa applications are denied.
"This situation not only causes significant distress for the affected individuals but could also result in them accruing unlawful presence if it takes an extended period of time to get their affairs in order before departing the country. This could be held against them if they apply for a visa in the future," the lawmakers wrote.
Additionally, the Congressmen inquired whether newly unemployed H-1B holders are penalised when applying for B-1/B-2 visitor visas.
They also raised concerns that laid-off H-1B holders who have resided in the US for years may be denied B-1/B-2 visas as adjudicators could deem that these individuals lack adequate ties to their home countries to prove their intent to leave the US once their visas expire.
(With inputs from PTI)
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