Indian-American Group Urges Safeguards for H-1B Workers Amid US Green Card Restrictions

Washington — The Foundation for India and Indian Diaspora Studies (FIIDS) has urged the Trump administration to protect legally employed foreign professionals and their families from unintended consequences of its decision to suspend green card sponsorship applications by certain technology companies.

The Indian-American advocacy organization called for evidence-based immigration enforcement, greater consultation with employers and safeguards for workers affected by restrictions on the Permanent Labor Certification (PERM) program.

The administration’s October 8 decision suspended the acceptance of new applications and processing of pending applications under PERM for certain technology and IT services companies, according to FIIDS.

The organization said immigration fraud and violations of employment regulations must be addressed but warned that broad enforcement measures could adversely affect workers who have complied with U.S. immigration laws.

“FIIDS recognizes the administration’s responsibility to protect American workers and prevent immigration fraud. Employers that violate recruitment, wage, or certification requirements should be held accountable through evidence-based enforcement and fair procedures,” said Khanderao Kand, the organization’s Chief of Policy and Strategy.

Kand said authorities should examine employers’ recruitment practices, job requirements, wages and the availability of qualified American workers before determining whether violations have occurred.

“Meaningful engagement with employers is essential to understand genuine talent deficits and evolving skill requirements,” he said.

FIIDS also questioned the use of companywide layoff figures and visa application numbers as evidence that foreign professionals are replacing American employees.

“Claims that H-1B workers are replacing American workers should be validated through job-level evidence—not inferred solely from aggregate layoff figures and visa-petition counts,” Kand said.

He urged investigators to determine whether laid-off American employees and foreign workers recruited by the same companies performed comparable duties, worked in similar locations and possessed equivalent skills.

Such reviews should also consider whether displaced employees could reasonably acquire the necessary qualifications through additional training, he said.

The organization emphasized the importance of distinguishing between visa applications involving new foreign hires and those submitted to extend or change the immigration status of employees already legally working in the United States.

FIIDS warned that suspending an entire company’s participation in the PERM program could disrupt legitimate immigration applications and create uncertainty for workers and their families.

“Blanket action against employers can adversely affect genuine, compliant cases and impose uncertainty on lawfully employed professionals and their families who bear no responsibility for alleged misconduct,” Kand said.

The organization called on the U.S. Department of Labor and U.S. Citizenship and Immigration Services to issue clear guidelines explaining how the restrictions will be implemented.

It also recommended establishing a time-bound review process, transparent criteria for restoring employers’ eligibility and protections against missed filing deadlines or the loss of progress toward permanent residency.

FIIDS maintained that immigration enforcement should reflect actual workforce needs while protecting American employees and preventing abuses of the system.

“Protecting American workers and attracting specialized global talent are complementary goals,” Kand said.

“America’s economic and technological leadership is best served by fair enforcement, investment in domestic talent, and a transparent immigration system responsive to genuine workforce needs.”

The PERM program, administered by the Department of Labor, is generally the first step in obtaining employer-sponsored permanent residency under several employment-based immigration categories.

The process requires employers to demonstrate that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed American workers. (Source: IANS)