US green card freeze: India warns of impact on skilled talent mobility

New Delhi says US PERM freeze does not advance shared ambitions

Last updated:
Stacy Pereira, Business Reporter
India's MEA flags concerns over US PERM freeze, says talent mobility benefits both sides
India's MEA flags concerns over US PERM freeze, says talent mobility benefits both sides

Dubai: India has criticized the United States’ decision to suspend green card-related labor certification filings at eight technology companies, saying the move does not advance the shared ambitions of the two countries.

The Ministry of External Affairs (MEA) said on Friday that the movement of skilled professionals provides significant benefits to both economies and urged all stakeholders to recognize its importance.

“Steps announced by the United States concerning the permanent labor certification programme for certain companies do not advance shared ambitions of both countries,” the ministry said in a statement.

“Talent mobility is of tremendous mutual benefit for the two countries and our expectation is all stakeholders in this process can appreciate this fact,” it added.

The ministry also clarified that the suspension of applications under the Permanent Labor Certification (PERM) programme is separate from the H-1B visa system. Existing H-1B visas and the status of visa holders and their dependants are not affected by the move, although eligible employees at the companies concerned could face disruption to their permanent residency applications.

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Why the PERM suspension?

The US Department of Labor announced the suspension on October 8, halting the acceptance of new PERM applications and the processing of pending cases involving Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL Technologies and Capgemini.

US officials have alleged misuse of employment-based immigration programmes, including practices they say have displaced American workers or suppressed wages. The suspension will remain in place while investigations continue, with no end date announced so far.

PERM is a key step in the employment-based green card process. Employers generally must obtain labor certification by demonstrating that qualified and available US workers cannot fill the position before proceeding with sponsorship for permanent residency.

What's the next step?

The decision could leave employees at the affected companies facing delays and uncertainty over their plans to settle permanently in the US. Indian professionals form a significant part of the skilled workforce employed in the American technology sector, and many rely on employer sponsorship to pursue permanent residency.

The suspension does not automatically cancel existing H-1B visas or revoke green cards already granted. However, workers whose applications are pending, or whose employers have yet to begin the PERM process, may face additional obstacles as the investigations continue.

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