Washington — The Foundation for India and Indian Diaspora Studies (FIIDS), an Indian-American policy advocacy organization, has urged the Trump administration to protect legally employed foreign professionals and their families from unintended consequences of restrictions on employment-based green card applications involving certain technology companies.
The 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.
According to FIIDS, the administration’s October 8 decision suspended the acceptance of new PERM applications and processing of pending applications for certain technology and IT services employers.
FIIDS acknowledged the need to prevent immigration fraud but warned that sweeping restrictions could harm 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 enforcement decisions should consider employers’ recruitment practices, wage structures, job requirements and the availability of qualified American workers.
“Meaningful engagement with employers is essential to understand genuine talent deficits and evolving skill requirements,” he said.
The organization also questioned whether broad employment statistics could accurately establish that H-1B visa holders were displacing American workers.
“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 federal officials to examine whether laid-off American employees and newly hired foreign workers performed similar duties, worked in comparable locations and possessed equivalent qualifications.
Investigators should also consider whether displaced workers could reasonably acquire the necessary skills through additional training, he said.
FIIDS emphasized the importance of distinguishing applications involving newly recruited foreign workers from those seeking extensions or changes of immigration status for employees already working legally in the United States.
The organization warned that employer-wide restrictions could jeopardize otherwise legitimate immigration cases 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.
FIIDS called on the Department of Labor and U.S. Citizenship and Immigration Services to issue clear implementation guidelines explaining how the restrictions would affect employers and workers.
It also recommended a time-bound review process, transparent standards for restoring employer eligibility and protections against unnecessary immigration delays or missed filing deadlines.
The organization maintained that protecting American jobs and attracting skilled foreign professionals should not be treated as competing objectives.
“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 U.S. Department of Labor, is generally an initial step in several employment-based green card categories. It requires employers to demonstrate that hiring a foreign worker will not adversely affect wages or working conditions for similarly employed American workers. (Source: IANS)
