‘Does not advance shared ambitions’: MEA on US suspending IT firms from green card programme

What exactly did the United States suspend for the affected technology companies?

The United States suspended several technology companies from the permanent labour certification programme. This means affected employers cannot currently proceed normally with permanent labour certification applications covered by the suspension. The programme matters because employers generally complete it before filing petitions for most employment-based green cards.

The companies expected to be affected include Cognizant, Capgemini, Microsoft, Adobe, Infosys, Tata Consultancy Services, Wipro and HCL. Before sponsoring a qualifying worker for permanent residence, an employer must establish that no qualified, willing and available US worker can fill the particular job.

The suspension is separate from the H-1B programme. It does not invalidate existing H-1B visas or affect their holders and dependents. However, India’s external affairs ministry said eligible employees of affected companies could face some impact in their green card process. India also said the decision does not advance the countries’ shared ambitions.

What is permanent labor certification, and why must an employer usually obtain it before sponsoring an employment-based green card?

Permanent labour certification is a process that employers must complete before filing petitions for most employment-based green cards. It requires the employer to establish that no qualified, willing and available US worker can fill the particular position. The process therefore connects a company’s request for a foreign worker with a check on the domestic labour market.

For example, an affected technology company seeking permanent residence for an eligible employee would generally need to show that suitable American workers were not available for that job. Only after completing this certification could the employer usually move to the relevant employment-based green card petition.

This requirement matters because a green card permits a foreign citizen to live and work permanently in the United States. The current suspension could therefore affect eligible employees’ paths to permanent residence, even though it does not cancel valid H-1B visas or change the status of their holders and dependents.

How is the permanent labor certification process different from the H-1B visa program?

Permanent labour certification and H-1B visas serve different immigration purposes. Labour certification is generally a step before an employer files for an employment-based green card, which allows a foreign citizen to live and work permanently in the United States. H-1B visas, by contrast, let US companies temporarily employ foreign workers in special occupations.

The distinction is important in the current dispute. The United States suspended permanent labour certification applications involving several technology companies. It did not suspend the H-1B visas already held by workers at those companies. Their dependents’ status under those valid visas also remains unaffected, according to India’s external affairs ministry.

The two systems can still intersect in an employee’s career. A worker may hold an H-1B visa while an employer pursues a green card through labour certification. The suspension could slow or affect that permanent-residence process, even while the worker’s existing temporary visa remains valid.

How many Indian professionals are connected to the H-1B system, and what share of US H-1B visas did Indians receive in 2023–24?

Indians have constituted the majority of H-1B visa holders over the past few years. The article gives a striking share rather than a headcount: Indians received 71% of all H-1B visas issued by the United States in financial year 2023–24.

That percentage shows how strongly Indian professionals are represented in the system. It does not, however, reveal the exact number of Indian professionals connected to H-1B visas. The article supplies no total for visas issued, no number of Indian holders, and no separate count for dependents.

The figure helps explain why the US decision matters particularly in India. Several India-based technology companies, including Infosys, Tata Consultancy Services, Wipro and HCL, are expected to be affected by the labour certification suspension. India said the policy could affect eligible employees’ green card processes, while existing H-1B visas remain valid.

What could happen to eligible employees’ green card applications, and what remains unchanged for people who already hold valid H-1B visas?

The suspension could affect eligible employees who are pursuing US permanent residence through their employers. India’s external affairs ministry said there could be “some impact” on the green card process of workers at affected companies. A green card allows a foreign citizen to live and work permanently in the United States.

The key mechanism is the separation between permanent labour certification and H-1B status. Employers generally complete labour certification before filing most employment-based green card petitions. If applications are suspended, an eligible employee’s route toward permanent residence may be disrupted or delayed. The article does not specify the exact outcome for each application.

Existing temporary immigration status remains different. The ministry said the suspension does not affect the validity of existing H-1B visas. It also does not affect people who hold those visas or their dependents. The immediate concern is therefore the permanent-residence process, not cancellation of current H-1B status.

Why does US labor law require employers to show that no qualified, willing, and available American worker can fill the job?

US labour law requires this showing because permanent labour certification is built around protecting access to jobs for American workers. Before sponsoring most employment-based green cards, an employer must establish that no qualified, willing and available US worker can fill the particular position. The rule makes domestic worker availability a central condition of the process.

In practice, an employer seeking permanent residence for a foreign employee must connect the request to a specific job. The employer must demonstrate that a suitable US worker is not available for that role. If a qualified and available American worker can fill it, the certification requirement is not satisfied under the programme described in the article.

This framework explains the difference between a green card process and an H-1B visa. H-1B visas allow temporary employment in special occupations, while labour certification addresses permanent employment. The US suspension affects the latter process for several technology companies, not existing H-1B visas.

How does employment-based immigration allow companies to recruit global talent while also creating innovation, productivity, jobs, and economic growth in the United States?

Employment-based immigration gives US companies a route to recruit skilled workers from outside the country when suitable American workers are unavailable. The labour certification process balances that recruitment by requiring employers to show that no qualified, willing and available US worker can fill the job. H-1B visas provide a temporary employment route for special occupations.

The article uses Indian professionals as a concrete example. India said they are highly educated and skilled contributors to the US economy and innovation ecosystem. It also said talent mobility helps US companies obtain cutting-edge talent, innovation, research and productivity. These benefits can strengthen competitiveness and support job creation.

India’s external affairs ministry argued that this exchange adds value to both economies. It said US companies and shareholders benefit, while Indian workers gain opportunities. The current suspension may affect eligible employees’ green card processes, and India said it does not advance the two countries’ shared ambitions.

Key Facts:

📌 The US suspended several technology companies from permanent labour certification.

📌 Affected companies include Infosys, TCS, Wipro and HCL.

📌 Existing H-1B visas remain valid despite the suspension.

📌 Employers usually complete certification before most employment-based green card petitions.

📌 The employer must show no qualified, willing, available US worker exists.

📌 A green card permits permanent residence and work in the US.

📌 H-1B visas allow temporary employment in special occupations.