Following a proposal to charge a $70,000 fee for work visas after the completion of studies, the US has now added to the anxiety of Indians working there. The US has excluded major Indian IT companies from the scheme that facilitates Green Cards. These companies include TCS, Wipro, HCL, Infosys, and Cognizant. Let us understand which Indians working in the US will be most affected by this decision and what the entire Green Card issue entails.

What is a Green Card?

A Green Card serves as proof of legal permanent residence in the US. Anyone who has moved to the US from another country for employment dreams of obtaining a Green Card. Acquiring a Green Card grants the right to live in the US for a lifetime, similar to a US citizen. There are several ways to obtain one, including the Program Electronic Review Management (PERM) process. It is this specific program that has been restricted for Indian companies.

What is PERM?

Under the Program Electronic Review Management (PERM) system, companies play a crucial role in helping their most talented employees secure an 'employment-based Green Card.' This requires obtaining certification from the Department of Labor. The process is simpler than the standard visa route because the company applies on behalf of the employee rather than the employee applying themselves, and approval is generally easier to obtain. Essentially, it is a method for offering permanent employment in the US to foreign workers. This process differs from the H-1B visa; while the H-1B is a temporary work visa, PERM is a pathway to obtaining a Green Card.

Which Indian employees will be affected?

Since the US has taken this decision against top-tier tech companies, Indian engineers are inevitably the ones who will be most affected. This comes as a major blow to employees working through these companies in the US who had been hoping to secure a Green Card. The queue of Indian employees waiting for Green Cards is already very long, with many having waited for years; this decision is set to further increase that backlog.

**Risk of Having to Leave the US**

Indian employees also face the risk of having to leave the US. The PERM process is crucial for H-1B visa extensions; without it, remaining in the US beyond six years—the maximum validity period for an H-1B visa—could become difficult. Employees who have completed the PERM process are eligible for a three-year extension.

**What is the US Rationale?**

The reasoning behind this decision mirrors the argument used in the proposal to charge hefty fees for students seeking employment. The US claims that fraud within the PERM process is preventing American citizens from securing jobs to which they are entitled. The US alleges that companies have been hiring foreign workers at lower wages; now, they will be required to hire American employees.

The US government has stated that since 2009, these companies have sought Green Cards for approximately 3 million foreign employees. Of these, over 230,000 employees received H-1B visas, and more than 100,000 were granted Permanent Labor Certification.

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