HomeAmericasPoliticsShare Layoff Data, Extend Grace Period For H-1B Holders: Lawmakers to USCIS

Share Layoff Data, Extend Grace Period For H-1B Holders: Lawmakers to USCIS

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Share Layoff Data, Extend Grace Period For H-1B Holders: Lawmakers to USCIS

WASHINGTON, DC (IANS) – Amid the massive ongoing layoffs in the tech sector, a group of lawmakers from Silicon Valley has written to the US Citizenship and Immigration Services (USCIS) enquiring about the federal agency’s efforts to ensure highly skilled H-1B visa holders can remain in the country after losing their jobs.

With a bevy of employees laid off across tech giants including Microsoft, Google, Meta, in the past couple of months, the H-1B visa holders have been left in limbo with a mere 60-day grace period to find another job or leave the country.

“This group of immigrants possesses skills that are highly valuable in today’s knowledge-based economy and forcing them to leave the US is harmful to our nation’s long-term economic competitiveness,” the lawmakers wrote.

“This issue is of great importance to our constituents because layoffs in the tech sector have accelerated in recent months. The number of tech jobs lost since the beginning of 2023 has already surpassed the total number of layoffs in 2022,” they said.

The lawmakers urged the USCIS to extend the 60-day grace period for laid-off H-1B holders to secure a new job before losing their legal status.

They also requested that USCIS release data detailing the impact of the layoffs on affected immigrants and inquiries about whether the agency has issued guidance to adjudicators in response to the layoffs.

The USCIS had earlier stated that extending the grace period would require a lengthy rulemaking process that would take too long to benefit immigrants who are currently at risk of losing their legal status.

“While we understand that such a change may take time, we nonetheless urge USCIS to pursue an extension of the grace period, either as a standalone regulatory change or as part of a broader effort to reform the H-1B program,” the letter read.

The lawmakers said that extending the grace period will strengthen the country’s ability to retain immigrant talent in the future.

The USCIS recently said that the sacked H-1B workers have multiple options to stay in the country, and it is wrong to assume that they have no option but to leave within 60 days.

The number of tech jobs lost since the beginning of 2023 has already surpassed the total number of layoffs in 2022.

With the collapse of Silicon Valley Bank causing further disruptions in the tech sector, the lawmakers said they feared that the trend would continue.

Led by Representative Anna G. Eshoo, the letter was signed by Indian American Congressman Ro Khanna, Zoe Lofgren, former Chair of the House Subcommittee on Immigration and Citizenship, and Representatives Jimmy Panetta and Kevin Mullin.

It sent a list of five questions to the immigration agency requesting it to respond by May 5.

The H-1B is a non-immigrant visa that permits US companies to hire foreign workers in specialty occupations, which require theoretical or technical expertise.

It is the most sought-after work visa among foreign professionals, including Indians.

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  • It is quite ridiculous to extend the 60 day period before return to their native country, while thousands of local techies ( citizens and permanent residents) are still unemployed. Arguing that their stay be extended because of shortage of qualified locals is just a big bogus reason. The legislators should remember that the H-1 is SLS are only for temporary residence and not to stay for long time in the guise of looking for jobs. These laid off folks can return to their native country and probably work for the same multinational’s which have multiple design centers in their country. Since the pandemic struck most techies are working from home and doesn’t matter where the live here or in Antartica. So, legislators, your focus should be first and foremost to look after the citizens s, put the utmost focus on STEM education so that we can raise the local talent and completely avoid or even scrap the H-1 visa category.

    April 14, 2023
    • The problem would go away if the government simply taxed the companies 20% of compensation paid to work Visa holders and then provide a break to companies that used this money to hire and train US legal residents.

      Also work VISAs can be made just like those in Saudi Arabia for tech workers and farm workers. Issued and renewed for 5 years in the country of citizenship. With no extensions for permanent residency. Also make companies guarantee the five year contract and release of worker with a minimum of 50% payout for the years remaining on contract. The workers can continue their stay for the 5 year VISA, find new employment and also get first hire advantage with new employers.

      Things can be done and made simple and better for the country. The problem is that President and his wife and children are too busy playing king and travelling the globe.

      April 14, 2023
    • It appears you have got Citizenship and forgotten what you might have gone through.

      April 14, 2023
  • It is quite ridiculous to extend the 60 day period before return to their native country, while thousands of local techies ( citizens and permanent residents) are still unemployed. Arguing that their stay be extended because of shortage of qualified locals is just a big bogus reason. The legislators should remember that the H-1 is SLS are only for temporary residence and not to stay for long time in the guise of looking for jobs. These laid off folks can return to their native country and probably work for the same multinational’s which have multiple design centers in their country. Since the pandemic struck most techies are working from home and doesn’t matter where the live here or in Antartica. So, legislators, your focus should be first and foremost to look after the citizens s, put the utmost focus on STEM education so that we can raise the local talent

    April 14, 2023
    • Agree 100 percent , these guys knew they were temp workers and while good gard working Americans are being let go it is unfair for them because they again have to compete with temp workers to get a job. For any nation it is nation first and I am sure if they were in India they will say the same. If anything companies should be required to submit how many citizens they laid off and how many temp workers they still have employed. They should let go of the temp workers before any citizens of the country. There is no accountability of this abuse of the system.

      April 14, 2023
    • Totally agree!
      However, you knew what you were getting into. I saw many just work, work and work. When asked of their status, they said they are on H-1 in their third year. When I asked when they are filing for a work permit and green card, I was told repeatedly, the company promised us to do it 4 years ago.

      My advise was to find a company that will sign the applications, get your own lawyer and apply and pay for it. A few did just that and now have green cards.

      April 14, 2023

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