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.

DHS Announces New Process to Promote the Unity and Stability of Families

The Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, consistent with the Biden-Harris Administration’s commitment to keeping families together. This announcement utilizes existing authorities to promote family unity, but only Congress can fix our broken immigration system.

Under current law, noncitizens married to a U.S. citizen may apply for lawful permanent residence through their marriage to a U.S. citizen. However, to apply for lawful permanent residence, many noncitizens must first depart the United States and wait to be processed abroad, resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned. Consequently, these families live in fear and face deep uncertainty about their future.

To address this challenge, DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Today’s actions build on unprecedented steps by the Biden-Harris Administration to strengthen family unity including by implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador; updating and modernizing the Cuban and Haitian family reunification parole processes; leading the Family Reunification Task Force to reunify nearly 800 children with their families who were separated; and establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) who have a U.S.-based supporter.

Eligibility and Process

To be considered on a case-by-case basis for this process, an individual must:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.

Upon receipt of a properly filed parole in place request USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

Other Action

In addition, DHS will join the Department of State in an effort to more efficiently facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited U.S. institution of higher education. By clarifying and enhancing the existing process, the Department of State’s policy will give U.S. employers increased confidence that they can hire the talent they need, and that they will be able to quickly get to work. DHS will implement the Department of State’s policy update.

-+=