There have been reports in the media that a group of Indian visa holders in the USA have petitioned Mr. Biden not to give any H-1B visas until the green card backlog is resolved. This has created a lot of consternation and confusion among the H-1B workers and their employers who plan to apply this year. I might want to take note that this petition won’t influence the H-1B process.
No effect on the H-1B process this year
First, Mr. Biden’s government will do what is useful for the USA. That will be expected. Clearly, the government is inclined to take a hard look at the possible loopholes in the system. That might be causing issues, for example, suppression of wages. It is equally obvious that the H-1B visas are an irreplaceable source of a youthful, highly qualified, talented, and motivated workforce. This is a matter of policy that Congress should compose and then codify into law. Both the need for due deliberation and our need for the H-1B workforce should create enough time lag to give the stakeholders sufficient notice to prepare.
Second, the contours of H-1B laws and some of the processes have been spread out by Congress in the law itself. That can’t be changed by the president. Who has restricted force as was demonstrated by repeated losses suffered by the Trump government in the courts? Any changes in the law will be first appropriately studied, debated, and then finally passed into laws. This could require months. Laws are rarely changed overnight, and legislative bodies afford stakeholders some time to prepare for the changes. Therefore, no quick change is likely because of the petition.
Third, there is no doubt that the process of green cards is taking excessively long by any standards of reasonableness. Good analysts had reasoned that India-born candidates could face a delay of 90 years. If this backlog were not addressed and resolved. Also, there is no inquiry that both the executive and the legislature are aware of this problem and might want to resolve it. Mr. Biden’s legislative agenda calls for action on this behalf. What’s more, Congress has had a few bills detailed at different times to address the green card backlogs.
What is the perspective of the petition/petitioners?
The delays have undermined the whole immigration scheme devised by Congress. That thought about a green card cycle enduring a couple of months – not several decades. For example, a foreign worker is required to keep a similar job year after year until their green card is completed. A promotion or change in the job often requires refiling of the H-1B and a restarting of the green card process.
Without a doubt, Congress and different presidents have stepped in to ameliorate the harshness of the most glaring injustices. For example, some of the balance of power has shifted from H-1B employers to H-1B employees. In that administration is both diligent and meticulous in investigating any complaints of wrongdoing, and moving jobs or accepting promotions has gotten simpler and far less onerous. However, while these changes are welcome, they are not enough. Ninety years of waiting is just uncivilized.
It is, in reality, a compliment to the United States of America that we are as yet the most desirable destination for talent. However, the way to making a home at that destination is entirely too long. This should be corrected urgently. Moreover, the H-1B process is probably not going to be influenced by a fundamentally meritorious petition without appropriate notice and participation by stakeholders.