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Enrique Gonzalez, co-chair elect and associate of worldwide immigration regulation agency Fragomen, Del Rey, Bernsen & Loewy, LLP, which employs 6,000 immigration professionals and help employees in 60 places of work throughout the Americas, Europe, Center East, Africa and Asia Pacific; was not too long ago in Bengaluru to deal with a symposium on ‘reimagining the immigration panorama in a post-pandemic world’. Gonzalez, who has served as particular counsel on immigration to the US Senator Marco Rubio; together with Bo Cooper, associate in Fragomen’s Washington, DC workplace; spoke to Ishani Duttagupta on the impression of lay-offs, throughout giant US corporations, on Indians who’re engaged on H-1B visas. They mentioned doable options for a lot of Indians within the US, who’re going through the trauma of job losses, together with dropping their immigration standing. Edited excerpts from the interview.
With a number of expertise corporations within the US saying lay-offs; many Indians who’re on H-1B visas are going through job terminations and therefore dropping their immigration standing. Are there any options for them?
Enrique Gonzalez: There are some things that Indians who discover themselves on this scenario can do. There’s a 60-day grace interval after the termination, offered by the US Citizenship and Immigration Providers (USCIS), throughout which they will concentrate on looking for a job since they’ve portability with their present H-1B visa to maneuver to a different employer. With the unemployment fee hovering under 2.5% for the science, expertise, engineering, and maths (STEM) fields and plenty of corporations actively recruiting; many could possibly discover jobs. Nonetheless, for some, discovering employment could also be simpler stated than achieved, and, in that scenario 60 days won’t be sufficient to choose up your life and transfer again to India. Such persons are all eligible to file for change of standing to customer or B1 visa and request for six months to wrap up their affairs within the US earlier than transferring on. Such requests are often granted and should change into the simplest choice for a lot of. For many individuals getting laid off is an enormous hit and altering standing to customer visa could possibly be the very best resolution. It offers them respiratory house and further time and helps them kind out points like automobile loans; house rents; lease agreements and many others.
One other different for some could possibly be returning to high school for one more graduate diploma or a PhD and altering to an F1 pupil visa. There’s additionally the choice of transferring to a different nation similar to Canada which has job alternatives; however the immigration system shouldn’t be so troublesome. Every individual has to hunt counsel for themselves and a lot of corporations present outplacement counsel together with immigration counsel once they terminate companies. Workers who’re on the way in which out of the door can attempt to negotiate such help on immigration points together with their severance package deal.
When ought to the change of standing to B1-B2 be achieved?
EG: It shouldn’t be the very very first thing to do, as many H-1B visa holders stay optimistic about discovering one other job. But when there isn’t any different to transferring again to India, the change of standing shouldn’t be left to the final minute both. That is an software that may be filed on-line by the candidates themselves and could possibly be achieved at across the 30 days into the 60-day deadline. It needs to be famous that whereas there may be portability to a brand new employer on an H-1 standing; with B-1 portability could also be a difficulty and the applicant could also be required to go away the US and are available again if a change of standing is utilized for by a brand new employer. Nonetheless, an individual on B-1 standing will retain the eligibility to transform again to H-1 with out having to undergo the lottery once more for the total interval of the validity of the H-1 visa.
There are literally thousands of Indians within the US on H-1B visas who’re ready for inexperienced playing cards or everlasting residence standing for a few years. Will in addition they be hit badly in the event that they face termination of employment?
EG: For these with inexperienced card petitions filed, in the event that they have already got the primary two steps permitted, they won’t lose their ‘precedence date’ which implies that they may retain their place within the inexperienced card queue. These steps are labour certification and the submitting and approval of the USCIS’ I-140 kind. With these, they will transfer to a different employer and take off from the place they left within the processing of their everlasting residence petition. Those that are ready for remaining adjustment of standing with their inexperienced card instances filed, do not need to go away the US in case of lay-offs. Even when they face retrogression due to unavailability of inexperienced card numbers they’re eligible for employment authorisation paperwork and of three yr extension of their H-1B standing together with advance parole. Nonetheless, whereas these instances are the least troublesome ones, journey exterior of the US might not be advisable for them in view of lengthy consular delays in getting their H-1B visa stamped earlier than they will journey again to India.
Is there any option to calculate how lengthy it might take to get a inexperienced card for an H-1B applicant who has confronted retrogression?
Bo Cooper: Nobody can predict this with precision. Nonetheless, the US State Division has not too long ago change into extra clear about how numbers are allotted and therefore it’s doable to make higher educated guesses about what’s going to occur in a single’s class and when. Whereas there are enhancements in the way in which the State Division and USCIS are managing the allocation of inexperienced playing cards; the actual drawback stays the annual provide of inexperienced playing cards, which was set many years in the past, for a really totally different financial system, and doesn’t match the demand.
Following the pandemic, there have been big delays in all immigration processing together with employment authorisation paperwork (EADs) and advance parole (AP) paperwork. Do you see an enormous enhance in regulation fits in opposition to the US businesses dealing with immigration points?
BC: Litigation has gone up exponentially over the previous couple of years and there are extra corporations; people and teams of people prepared to sue the USCIS over enterprise immigration points. In a number of instances, when the federal government realises that it doesn’t have an excellent defence, it settles the case by approving an overdue work authorisation relatively than go earlier than a choose.
Is the US turning into much less enticing for Indian college students due to the troublesome pathway to everlasting residence?
EG: For these finding out STEM topics and on the lookout for a profession in associated fields, the US stays a horny vacation spot. The job prospects and high quality of training in these fields stay sturdy and the immigration system additionally recognises the worth of scholars finding out STEM. Nonetheless, there are numerous college students whose alternative of training vacation spot is being impacted by the immigration problem and there may be now extra parity among the many totally different nations in attracting college students than earlier than. The US can’t anticipate to stay probably the most favoured vacation spot to draw and retain the very best worldwide college students with none coverage adjustments and affirmative motion on immigration.
Do you suppose the US President’s advisory panel, that has made a number of suggestions on immigration reforms, will make a distinction?
BC: There is a bonus when a high-profile platform places out smart suggestions; there have been related suggestions prior to now. The advice on visa revalidation within the US, for instance, is one which the US State Division seems prepared to implement, and that reform might make quite a lot of progress towards addressing the visa appointment delays that plague the system right now; nonetheless, that’s more likely to take a couple of years. On the difficulty of reforming the adjustment of standing course of for inexperienced card petitions; there’s a regulatory initiative that’s being ready, and we perceive that it’s a precedence for this administration. We anticipate a proposal to be issued for public commentary someday throughout 2023.
With a number of expertise corporations within the US saying lay-offs; many Indians who’re on H-1B visas are going through job terminations and therefore dropping their immigration standing. Are there any options for them?
Enrique Gonzalez: There are some things that Indians who discover themselves on this scenario can do. There’s a 60-day grace interval after the termination, offered by the US Citizenship and Immigration Providers (USCIS), throughout which they will concentrate on looking for a job since they’ve portability with their present H-1B visa to maneuver to a different employer. With the unemployment fee hovering under 2.5% for the science, expertise, engineering, and maths (STEM) fields and plenty of corporations actively recruiting; many could possibly discover jobs. Nonetheless, for some, discovering employment could also be simpler stated than achieved, and, in that scenario 60 days won’t be sufficient to choose up your life and transfer again to India. Such persons are all eligible to file for change of standing to customer or B1 visa and request for six months to wrap up their affairs within the US earlier than transferring on. Such requests are often granted and should change into the simplest choice for a lot of. For many individuals getting laid off is an enormous hit and altering standing to customer visa could possibly be the very best resolution. It offers them respiratory house and further time and helps them kind out points like automobile loans; house rents; lease agreements and many others.
One other different for some could possibly be returning to high school for one more graduate diploma or a PhD and altering to an F1 pupil visa. There’s additionally the choice of transferring to a different nation similar to Canada which has job alternatives; however the immigration system shouldn’t be so troublesome. Every individual has to hunt counsel for themselves and a lot of corporations present outplacement counsel together with immigration counsel once they terminate companies. Workers who’re on the way in which out of the door can attempt to negotiate such help on immigration points together with their severance package deal.
When ought to the change of standing to B1-B2 be achieved?
EG: It shouldn’t be the very very first thing to do, as many H-1B visa holders stay optimistic about discovering one other job. But when there isn’t any different to transferring again to India, the change of standing shouldn’t be left to the final minute both. That is an software that may be filed on-line by the candidates themselves and could possibly be achieved at across the 30 days into the 60-day deadline. It needs to be famous that whereas there may be portability to a brand new employer on an H-1 standing; with B-1 portability could also be a difficulty and the applicant could also be required to go away the US and are available again if a change of standing is utilized for by a brand new employer. Nonetheless, an individual on B-1 standing will retain the eligibility to transform again to H-1 with out having to undergo the lottery once more for the total interval of the validity of the H-1 visa.
There are literally thousands of Indians within the US on H-1B visas who’re ready for inexperienced playing cards or everlasting residence standing for a few years. Will in addition they be hit badly in the event that they face termination of employment?
EG: For these with inexperienced card petitions filed, in the event that they have already got the primary two steps permitted, they won’t lose their ‘precedence date’ which implies that they may retain their place within the inexperienced card queue. These steps are labour certification and the submitting and approval of the USCIS’ I-140 kind. With these, they will transfer to a different employer and take off from the place they left within the processing of their everlasting residence petition. Those that are ready for remaining adjustment of standing with their inexperienced card instances filed, do not need to go away the US in case of lay-offs. Even when they face retrogression due to unavailability of inexperienced card numbers they’re eligible for employment authorisation paperwork and of three yr extension of their H-1B standing together with advance parole. Nonetheless, whereas these instances are the least troublesome ones, journey exterior of the US might not be advisable for them in view of lengthy consular delays in getting their H-1B visa stamped earlier than they will journey again to India.
Is there any option to calculate how lengthy it might take to get a inexperienced card for an H-1B applicant who has confronted retrogression?
Bo Cooper: Nobody can predict this with precision. Nonetheless, the US State Division has not too long ago change into extra clear about how numbers are allotted and therefore it’s doable to make higher educated guesses about what’s going to occur in a single’s class and when. Whereas there are enhancements in the way in which the State Division and USCIS are managing the allocation of inexperienced playing cards; the actual drawback stays the annual provide of inexperienced playing cards, which was set many years in the past, for a really totally different financial system, and doesn’t match the demand.
Following the pandemic, there have been big delays in all immigration processing together with employment authorisation paperwork (EADs) and advance parole (AP) paperwork. Do you see an enormous enhance in regulation fits in opposition to the US businesses dealing with immigration points?
BC: Litigation has gone up exponentially over the previous couple of years and there are extra corporations; people and teams of people prepared to sue the USCIS over enterprise immigration points. In a number of instances, when the federal government realises that it doesn’t have an excellent defence, it settles the case by approving an overdue work authorisation relatively than go earlier than a choose.
Is the US turning into much less enticing for Indian college students due to the troublesome pathway to everlasting residence?
EG: For these finding out STEM topics and on the lookout for a profession in associated fields, the US stays a horny vacation spot. The job prospects and high quality of training in these fields stay sturdy and the immigration system additionally recognises the worth of scholars finding out STEM. Nonetheless, there are numerous college students whose alternative of training vacation spot is being impacted by the immigration problem and there may be now extra parity among the many totally different nations in attracting college students than earlier than. The US can’t anticipate to stay probably the most favoured vacation spot to draw and retain the very best worldwide college students with none coverage adjustments and affirmative motion on immigration.
Do you suppose the US President’s advisory panel, that has made a number of suggestions on immigration reforms, will make a distinction?
BC: There is a bonus when a high-profile platform places out smart suggestions; there have been related suggestions prior to now. The advice on visa revalidation within the US, for instance, is one which the US State Division seems prepared to implement, and that reform might make quite a lot of progress towards addressing the visa appointment delays that plague the system right now; nonetheless, that’s more likely to take a couple of years. On the difficulty of reforming the adjustment of standing course of for inexperienced card petitions; there’s a regulatory initiative that’s being ready, and we perceive that it’s a precedence for this administration. We anticipate a proposal to be issued for public commentary someday throughout 2023.
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