FIIDS seeks safeguards for H-1B workers

An Indian-American advocacy group urged the Trump administration to safeguard legally employed foreign professionals and their families following PERM sponsorship restrictions affecting certain technology companies. FIIDS called for evidence-based enforcement, transparent guidelines, timely reviews and protection against unintended immigration consequences

Washington: An Indian-American policy advocacy group 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 Foundation for India and Indian Diaspora Studies (FIIDS) called for evidence-based enforcement, greater engagement with employers and clear safeguards for workers affected by restrictions on the Permanent Labour Certification (PERM) programme. 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 employers, according to FIIDS.

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The group said enforcement against immigration fraud was necessary but warned that broad restrictions could affect workers and families who had complied with immigration requirements.

“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 organisation’s chief of policy and strategy.

He said the decision required a closer examination of employers’ recruitment practices, job requirements, wages and the availability of qualified workers in the United States.

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

The organisation argued that immigration enforcement should distinguish between genuine violations and legitimate efforts by American companies to recruit workers with specialised skills. It also questioned the use of aggregate layoff figures and visa application numbers to establish whether foreign professionals were 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 examine whether American workers who lost their jobs and foreign workers hired by the same employers performed comparable duties, worked in the same locations and possessed similar skills. The review should also consider whether displaced workers could reasonably acquire the required skills through training, he said.

FIIDS said authorities should distinguish applications involving new foreign hires from those seeking extensions or changes of status for employees already working legally in the United States. The organisation warned that action affecting an entire employer could create uncertainty for workers whose individual immigration applications were otherwise compliant.

“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.

FIIDS urged the Department of Labour and US Citizenship and Immigration Services to publish clear implementation guidelines explaining how the restrictions would operate. It also called for a time-bound review process, transparent criteria for restoring employers’ eligibility and measures to prevent avoidable losses of immigration progress or missed filing deadlines. The group said immigration rules should reflect demonstrated workforce needs while maintaining protections for American workers and safeguards against abuse.

“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 programme is administered by the US Department of Labour and is generally the first stage of employer-sponsored permanent residency applications in several employment-based immigration categories. It requires employers to demonstrate that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed American workers.