US Tech Layoffs Hit Indian H-1B Visa Holders Hard Amid New Visa Challenges

The U.S. technology industry is currently experiencing a significant wave of layoffs, disproportionately impacting Indian workers, particularly those holding H-1B visas. This troubling trend comes alongside a series of tougher visa regulations and increasing application fees, creating a much more challenging landscape for immigrants, international students, and skilled laborers in the country.

Recent data from Layoffs.fyi shows that around 438 tech companies have laid off approximately 137,500 employees. This mass downsizing has shattered the long-standing belief that the tech sector is immune to economic downturns. The reality of widespread layoffs is forcing many workers, especially those on temporary visas like the H-1B, to scramble for new employment to maintain their legal status in the United States.

For H-1B visa holders, the stakes are especially high. Under current U.S. immigration law, H-1B visa holders must secure a new job within a limited timeframe if they are laid off, or risk being forced to leave the country. This job insecurity, coupled with strict visa rules, puts additional pressure on foreign workers.

Compounding the issue is the significant backlog of green card applications, which has left many Indian professionals in a precarious situation. According to the U.S. Congressional Research Service, some Indian workers face extraordinarily long waits, often exceeding 190 years, to receive permanent residency, despite meeting all labor requirements. This backlog adds another layer of complexity to the already difficult situation for these highly skilled professionals.

New Visa Regulations Intensify Hardships

In addition to layoffs and job insecurity, recent changes to U.S. visa regulations have made life even more difficult for Indian workers. The October 2024 visa bulletin, released by the U.S. Department of State, outlines the availability of immigrant visas for the upcoming fiscal year. These new rules have raised concerns among several visa categories, including the EB-5 investor visa program.

The EB-5 visa allows individuals to gain residency in the U.S. through significant investments in designated target areas. However, applicants from mainland China and India often face delays due to high demand and limited availability. As a result, Indian nationals trying to invest and settle in the U.S. through this visa route are finding the process increasingly difficult.

Moreover, the cost of obtaining an H-1B visa has skyrocketed, creating an additional financial strain on applicants. Previously, the application fee was $10 per beneficiary, but it has now soared to $215, representing a staggering 2150% increase. Alongside this, the fee for paper filing applications has jumped from $460 to $780, a 70% rise. These substantial fee hikes add to the burden on foreign workers, many of whom are already dealing with job insecurity in a rapidly shifting tech industry.

The sharp increase in visa fees is another element that underscores the growing challenges faced by immigrants in the U.S. Those applying for green cards, for example, are also seeing higher costs. The fee for filing an I-30 petition for a family-based green card has gone up to $675 for paper submissions, while the online application fee is $625. In addition, a new $600 fee has been introduced for certain asylum petitions.

International students are not immune from these changes, either. Those seeking to study in the U.S. on F, M, or J visas are now under more intense scrutiny. They are required to provide more detailed and accurate information related to their passports, which can be difficult for some students to provide, especially in cases of passport irregularities or administrative delays.

Broader Implications for Immigrants

The combination of mass layoffs and stricter visa rules paints a bleak picture for Indian workers and other immigrants in the U.S. tech industry. Many of these individuals came to the U.S. with the promise of securing high-paying jobs and potentially gaining permanent residency. However, with the job market shrinking and visa regulations becoming more burdensome, that path is becoming increasingly difficult to navigate.

The H-1B visa program, in particular, is under strain. Designed to allow U.S. employers to hire foreign workers in specialty occupations, such as technology, the program has long been a lifeline for skilled workers from countries like India. However, as tech companies continue to downsize, H-1B workers are finding it harder to secure jobs within the narrow time window mandated by immigration law. Failure to do so often means returning to their home countries, potentially leaving behind years of work experience and career growth in the U.S.

According to one H-1B visa holder who recently lost their job, “The uncertainty is overwhelming. We have only 60 days to find a new position, and the job market is brutal right now. It’s a race against time, and every day feels like a countdown.”

The surge in visa fees has added another layer of stress to this already difficult situation. For many workers, the rising costs of applying for visas or renewing their status is an additional financial burden at a time when job security is precarious. This is especially challenging for those laid off, as they are already navigating the costs associated with unemployment.

“These fee hikes feel like a slap in the face,” said another Indian worker affected by the recent changes. “We’re already dealing with so much uncertainty—now we’re being asked to pay significantly more just to keep our visa status.”

Impact on U.S. Tech Industry

The challenges faced by Indian workers and other foreign nationals could also have broader implications for the U.S. tech industry. Many of these individuals bring specialized skills in areas like software development, engineering, and data science—skills that are in high demand. However, as the visa process becomes more complicated and costly, it could deter foreign talent from coming to the U.S. or encourage those already here to leave.

The tech industry has long relied on foreign workers to fill key positions, especially in fields where there is a shortage of domestic talent. If these workers find it too difficult to navigate the U.S. immigration system, it could result in a talent drain, leaving companies struggling to fill critical roles.

Moreover, with increasing layoffs and fewer job opportunities, some experts worry that the U.S. could lose its edge as a global leader in technology and innovation. The current environment, marked by layoffs, visa challenges, and rising fees, creates uncertainty not just for foreign workers but also for the companies that employ them.

For now, Indian workers and other H-1B visa holders face an uphill battle in maintaining their legal status and finding employment in a tightening job market. As the U.S. continues to adjust its immigration policies, the impact on both individuals and industries is likely to be profound. Many hope that changes will be made to address the growing backlog and fee increases, but until then, the road ahead remains uncertain.

H-1B Visa Process To Begin On March 6 Amid Overhaul Of Lottery System

The initial registration for the H-1B visa application for fiscal year 2025 will open from March 6 and run through March 22, the US Citizenship and Immigration Services (USCIS) said on Tuesday.

The announcement came as part of a final rule to strengthen the integrity of and reduce the potential for fraud in the registration process of the non-immigrant visa that allows US employers to hire foreign workers in specialty occupations.

Some of the steps taken by the federal agency include reducing the potential for gaming the registration system and ensuring each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf.

“The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024,” USCIS said in a news release.

“During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary,” it added.

The agency’s final rule contains provisions that will create a beneficiary-centric selection process for registrations by employers, codify start date flexibility for certain petitions subject to the congressionally mandated H-1B cap, and add more integrity measures related to the registration process.

“We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes,” said USCIS Director Ur M Jaddou.

“The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration, if applicable, until final decision and transmission of approved petitions to the Department of State.”

Under the beneficiary-centric process, registrations will be selected by unique beneficiary rather than by registration.

This new process is designed to reduce the potential for fraud and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer.

Starting with the fiscal year 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary.

The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the US if issued an H-1B visa.

Each beneficiary must only be registered under one passport or travel document, the USCIS said. (IANS)

USCIS Announces Premium Processing Fee Hike for H-1B Visa Applications

The United States Citizenship and Immigration Services (USCIS) is set to implement an increase in premium processing fees for H-1B visa applications, effective February 26, 2024.

Under the revised premium processing fee structure, adjustments have been made for forms I-129, I-140, I-539, and I-765. These forms encompass crucial elements of the immigration process, including the immigrant petition for alien worker (I-140), application to change or extend non-immigrant status (I-539), and employment authorization (I-765).

The fee increments are notable, with certain premium processing fees experiencing an uptick from US$1,500 to US$1,685, US$1,750 to US$1,965, and US$2,500 to US$2,805. This represents a 12 percent increase in processing fees for H-1B visas, resulting in a final fee of US$2,805, according to USCIS sources.

These changes are in accordance with the USCIS Stabilization Act, which not only established the existing premium processing fees but also granted the Department of Homeland Security (DHS) the authority to adjust these fees biennially.

“The Department will use the revenue generated by the premium processing fee increase to provide premium processing services, make improvements to adjudication processes, respond to adjudication demands, including reducing benefit request processing backlogs, and fund USCIS adjudication and naturalization services,” stated an official USCIS spokesperson.

In quoting the USCIS Stabilization Act, the premium processing fees have been designed to play a pivotal role in enhancing various aspects of the immigration system. This includes facilitating premium processing services, streamlining adjudication processes, addressing increased adjudication demands, and mitigating the backlog associated with processing benefit requests.

The decision to increase fees, as outlined by the USCIS, is a strategic move to bolster operational capabilities and enhance overall efficiency. The funds generated through the fee adjustments are earmarked for critical areas, including premium processing services, which are expected to benefit from the additional resources.

While some stakeholders may express concerns over the fee hike, the USCIS asserts that these adjustments are imperative for meeting the growing demands and challenges within the immigration system. The agency aims to allocate resources judiciously to ensure a more streamlined and responsive process for handling immigration-related petitions and benefit requests.

It’s essential to note that the premium processing fee increase is part of a broader strategy outlined in the USCIS Stabilization Act, which empowers the DHS to periodically review and adjust fees to align with the evolving needs of the immigration system.

The USCIS, in justifying the fee adjustments, emphasizes the positive impact they will have on reducing processing backlogs and improving the overall adjudication process. The revenue generated from the fee increase is intended to be a proactive measure in addressing the complexities associated with the influx of immigration-related requests.

The USCIS premium processing fee hike for H-1B visa applications is a carefully considered adjustment aimed at fortifying the agency’s capabilities to manage an ever-evolving immigration landscape. As the changes take effect on February 26, 2024, the increased fees will play a pivotal role in enhancing premium processing services, addressing adjudication demands, and ultimately contributing to the efficiency and responsiveness of the USCIS in fulfilling its mission.

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