Why US tech layoffs have left Indian workers on H-1B visas in a tough spot?

The US tech industry is experiencing significant layoffs, severely impacting Indian workers on H-1B visas. Stricter visa regulations and increased application fees are adding to their challenges. Long green card wait times further complicate their...

By ET Online | Sep 27, 2024, 05.49 PM IST

The US tech industry is experiencing significant layoffs, which is severely impacting Indian workers on H-1B visas. Stricter visa regulations and rising application fees are adding to their difficulties, while long green card wait times further complicate their situation.

According to a TOI report citing Layoffs.fyi, over 438 tech companies have laid off about 137,500 employees. Indian workers on H-1B visas are particularly vulnerable due to strict timelines requiring them to find new employment quickly or face deportation.

The US Congressional Research Service reports that many Indian workers face decades-long backlogs for green cards, with some waiting over 190 years for permanent residency. This prolonged uncertainty is making their situation even more precarious.

Recent changes to US visa policies have intensified these challenges. The October 2024 visa bulletin has raised concerns across visa categories, including the EB-5 investor visa program. Application fees for H-1B visas have increased from $10 to $215 per beneficiary, a 2150% rise. Paper filing fees have also increased from $460 to $780, a 70% jump. Green card applicants face higher costs, with the I-30 petition fee rising to $675 for paper submissions and $625 for online applications. A new $600 fee has been introduced for certain asylum petitions, and international students applying for F, M, and J visas face more scrutiny.

In this tightening immigration landscape, Indian workers are struggling to secure stable employment and residency in the US due to layoffs, long green card wait times, and increased visa fees.

(With TOI inputs)
Worried about layoffs? 9 things to know if you are an H-1B worker in the US
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For almost a year, foreign tech workers in the US have faced an unpredictable landscape. Giants like Google, Tesla, Walmart, and others have announced extensive layoffs, dimming the aspirations of numerous immigrants.

Amidst the struggle to find alternatives, here are nine things every H-1B visa holder should know.

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For almost a year, foreign tech workers in the US have faced an unpredictable landscape. Giants like Google, Tesla, Walmart, and others have announced extensive layoffs, dimming the aspirations of nu..
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Upon termination of employment, non-immigrant visa holders in the U.S. are granted a 60-day grace period to find a new job or change their visa status.

This provision, effective since early 2017, allows individuals to remain legally in the country and seek new employment opportunities. During this time, they can also transition to another visa status if needed.

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Upon termination of employment, non-immigrant visa holders in the U.S. are granted a 60-day grace period to find a new job or change their visa status. This provision, effective since early 2017, all..
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Foreign nationals who lose their jobs can consider changing their status to other non-immigrant categories, such as F-1 student status or B-2 visitor status, under the guidance of an attorney.

This can provide a temporary solution while they explore long-term options.
Foreign nationals who lose their jobs can consider changing their status to other non-immigrant categories, such as F-1 student status or B-2 visitor status, under the guidance of an attorney. This c..
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If a foreign worker has been counted under the H-1B cap within the last six years, a new employer can file for an H-1B transfer immediately without waiting for the H-1B cap registration period.

This applies to those who have been previously counted under the cap, making it easier for them to continue their employment in the U.S.

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If a foreign worker has been counted under the H-1B cap within the last six years, a new employer can file for an H-1B transfer immediately without waiting for the H-1B cap registration period. This ..
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H-1B workers with approved I-140 petitions in the green card process can be hired by new employers within the grace period.

They can work from outside the U.S. and return once their H-1B petition is approved and they obtain a new visa stamp. If an H-1B visa is already held, it can be used with the new petition to re-enter the U.S.

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H-1B workers with approved I-140 petitions in the green card process can be hired by new employers within the grace period.They can work from outside the U.S. and return once their H-1B petition is a..
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L-1 workers who lose their jobs and wish to change their status to H-1B within the 60-day grace period must have been previously counted under the H-1B cap. If not, they must wait for the next H-1B lottery registration.

L-1 workers who lose their jobs and wish to change their status to H-1B within the 60-day grace period must have been previously counted under the H-1B cap. If not, they must wait for the next H-1B l..
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The maximum duration for H-1B status is six years. If the worker has used less than six years, the new employer can use the remaining time.

Extensions beyond six years are possible with an approved I-140 or a pending I-485 Adjustment of Status filed within one year of the final action date becoming current.

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The maximum duration for H-1B status is six years. If the worker has used less than six years, the new employer can use the remaining time. Extensions beyond six years are possible with an approved I..
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If a terminated employee remains on payroll but is not active in work, this is known as 'Garden Leave.' For compliance, the termination date is considered the actual date of termination unless the worker is on medical leave or disabled.

If a terminated employee remains on payroll but is not active in work, this is known as 'Garden Leave.' For compliance, the termination date is considered the actual date of termination unless the wo..
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A new employer can file for a new labor certification and I-140 petition while retaining the priority date of the worker's previous I-140. This allows the non-immigrant worker to maintain their immigration status continuity.

A new employer can file for a new labor certification and I-140 petition while retaining the priority date of the worker's previous I-140. This allows the non-immigrant worker to maintain their immig..
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If an I-485 Adjustment of Status application has been pending for 180 days or more, the worker can take up a new job in a similar occupation.

The underlying labor certification and I-140 remain valid, and the worker must file a new Form I-485, Supplement J. This portability option also extends to self-employment if necessary.
If an I-485 Adjustment of Status application has been pending for 180 days or more, the worker can take up a new job in a similar occupation. The underlying labor certification and I-140 remain valid..
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