From Financialexpress · Dimple Singh · · 3m
US Green Card Options for Indian Workers Without Employer Support
Indian professionals explore EB-1A and EB-2 NIW paths after US PERM suspension.
In brief
Indian professionals explore EB-1A and EB-2 NIW paths after US PERM suspension. Indian IT workers can pursue EB-1A or EB-2 NIW green-card routes independently after US PERM suspension at major tech firms, but must meet strict evidence and eligibility criteria. Originally reported by Financialexpress.
US PERM suspension affects Indian professionals
The US Department of Labor suspended eight major technology companies from the Permanent Labour Certification (PERM) programme on October 8, halting new applications and affecting pending cases.
“the us department of labor suspended the companies from the permanent labour certification programme on october 8, halting new applications and affecting pending cases”
Affected tech companies list
Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS), Wipro, HCL Technologies and Capgemini are among the companies impacted.
“the companies include microsoft, adobe, cognizant, infys, tata consultancy services tcs, wipro, hcl technologies and capgemini”
PERM suspension does not confirm legal violations
The suspension followed allegations by US officials that the companies misused the employment-based immigration system, but does not establish that the companies violated the law.
“the suspension followed allegations by us officials that the companies misused the employment-based immigration system”
Immigration experts explain alternatives
Experts Mithi Jaiswal and Sai Srinivas Reddy Bhumireddy discuss EB-1A and EB-2 National Interest Waiver (NIW) as potential alternative green-card routes for affected workers.
“financial express digital spoke to immigration experts mithi jaiswal and sai srinivas reddy bhumireddy about whether affected workers can pursue alternative routes through eb-1a or eb-2 national interest waiver niw”
EB-1A requires extraordinary ability proof
EB-1A is for individuals who can demonstrate extraordinary ability in their field through sustained national or international acclaim, awards, publications, or significant contributions.
“eb-1a is for individuals who can demonstrate extraordinary ability in their field”
EB-1A evidence criteria
Applicants must meet at least three of ten evidentiary criteria, such as recognized awards, scholarly articles, leading roles at distinguished organizations, or high remuneration relative to peers.
“applicants generally need to meet at least three of ten evidentiary criteria”
EB-2 NIW requires national importance
EB-2 NIW allows professionals to seek green cards without job offers if they can show their work has substantial merit and national importance for the US.
“eb-2 national interest waiver is another potential route for eligible professionals”
NIW eligibility sectors
Professionals in AI, cybersecurity, critical infrastructure, and healthcare technology may qualify for NIW, but working in these sectors does not automatically establish eligibility.
“jaiswal says niw may be worth exploring for professionals working in areas such as artificial intelligence, cybersecurity, critical infrastructure and healthcare technology”
NIW application costs
EB-2 NIW applications cost several thousand dollars, including government fees of $715 for Form I-140 and $300 asylum programme fee, plus legal representation and evidence preparation.
“uscis lists a general form i-140 filing fee of seven hundred fifteen dollars”
H-1B status not automatically protected
Filing EB-1A or NIW does not extend H-1B status or authorise continued employment after existing work authorisation expires.
“filing an eb-1a or niw petition does not automatically extend h-1b status or authorise continued employment after existing work authorisation expires”
EB-1A and NIW backlogs
Indian applicants may face backlogs in EB-2 NIW queues, but EB-1A has a separate queue that is not automatically current for Indian applicants.
“niw falls under eb-2, where indian applicants may face a backlog”
Red flags for immigration services
Service providers guaranteeing approval, selling awards as shortcuts, or claiming I-140 extensions for H-1B status are major red flags for applicants.
“if someone is selling approvals as a product rather than building a legal case, that’s the biggest red flag i can see”
What workers should do next
Affected employees should review their existing employer-sponsored process, H-1B time remaining, and individual eligibility for alternative categories before switching routes.
“affected employees should review how far their existing employer-sponsored green-card process has progressed”
Tech companies reassure workforce plans
Tata Consultancy Services, HCLTech, and Infosys state their PERM applications were in single digits over the past two years and do not expect the suspension to impact workforce strategies.
“tcs said its perm applications had been in single digits over the past two years”
The headline
Indian IT workers can pursue EB-1A or EB-2 NIW green-card routes independently after US PERM suspension at major tech firms, but must meet strict evidence and eligibility criteria.
