New Delhi [India], October 9 (ANI): The Ministry of External Affairs (MEA) on Friday clarified that the US government’s suspension of certain companies from the Permanent Labor Certification (PERM) programme does not, by itself, affect the validity of existing H-1B visas or the status of visa holders and their dependents, while criticising remarks made by US Vice President JD Vance targeting foreign workers, describing the characterisation of Indian professionals as “unwarranted” and “deeply offensive”.
During a weekly media briefing here, MEA spokesperson Randhir Jaiswal reiterated India’s position on the US Department of Labor’s decision concerning the PERM programme, stressing that it is distinct from the H-1B visa programme.
“We are aware of the US Department of Labour’s decision concerning the permanent labour certification programme that is PERM for certain companies; it should be noted that PERM is distinct from the H-1B visa programme,” Jaiswal said.
He clarified that the suspension of PERM applications would not directly affect existing H-1B visas, although it could have implications for eligible employees seeking permanent residency in the United States.
“The suspension of PERM application does not by itself affect the validity of H-1B visas or the status of H-1B visa holders and their dependents,” the MEA spokesperson said, adding that “there could be some impact on the permanent residency or green card process of eligible employees of the affected companies.”
The clarification comes after US Labour Secretary Keith Sonderling on Thursday announced the suspension of certain major technology and IT outsourcing companies from the PERM programme, citing multiple active federal investigations.
The companies named included Cognizant, Infosys, Tata, Wipro, HCL and Capgemini, along with US technology majors Microsoft and Adobe.
Sonderling said the department would neither accept new applications nor process pending permanent labour certification applications involving the companies.
“We will not accept any new or process any pending permanent labor certification applications involving these companies,” Sonderling said.
The US Labour Secretary also alleged that the companies had collectively sought millions of foreign workers and received hundreds of thousands of H-1B visa approvals and permanent labour certifications.
“Since 2009, just these companies alone have requested almost 3 million foreign workers. They received over 230,000 H1B Visa approvals and over 100,000 permanent labor certifications,” Sonderling said.
Responding to comments by US Vice President JD Vance on alleged misuse of the H-1B visa programme, Jaiswal said India’s view was that such descriptions failed to recognise the contribution of Indian professionals to the American economy and its innovation ecosystem.
“In regard to the comments made by the US Vice President, let me say that we believe that such descriptions are unwarranted and ignore the fact that Indian professionals in the United States are highly educated and skilled contributors to its economy and innovation ecosystem,” he said.
The MEA spokesperson also invoked the contribution of immigrants to America’s economic development, criticising the terminology used to describe foreign workers.
“Indeed, the history of the United States itself has been shaped by generations of immigrants whose labour, enterprise, and innovation have contributed to its growth and prosperity,” Jaiswal said.
“Resorting to terminology that carries painful historical and colonial legacy connotations is deeply offensive,” he added.
Vance’s remarks came during a press conference on efforts to combat visa fraud on Thursday, where he alleged that the H-1B visa programme had become vulnerable to widespread abuse.
“The H-1B visa program is meant to allow companies to bring in really the best of the best from outside the United States of America for positions that are completely impossible to fill with American workers. Unfortunately, the programme has become rife with fraud,” Vance said.
The US Vice President specifically targeted Microsoft, alleging that the company had laid off American workers while benefiting from thousands of H-1B visas and green cards.
“Microsoft laid off last year, 6000 American workers at the same time, the company benefited from 6300 H-1B visas and almost 3000 green cards,” Vance said.
He further described foreign workers as “foreign indentured servants” while arguing that companies operating in the United States should prioritise American workers.
“Our message to Microsoft in any other foreign or domestic corporation is simple. We want you to thrive in the United States of America. We want people to invest in the United States of America, particularly the American technology sector,” Vance said.
“We want you to be able to grow and employ a lot of people but we want you to employ American workers,” he added.
Vance also said Microsoft’s suspension from the PERM programme followed an ongoing investigation, arguing that the move would prevent the company from using the programme to apply for permanent status for foreign workers.
While expressing concern over the US decision, the MEA emphasised that the movement of skilled professionals benefits both India and the United States by supporting innovation, research, productivity and job creation.
“Talent mobility adds value to both economies, that is, the economies of India and the United States. While it creates opportunities for Indians, it equally helps US companies with cutting-edge talent, innovation, research, productivity, competitiveness, and job creation,” Jaiswal said.
He further noted that the contribution of skilled professionals extends to the creation of shareholder wealth in the United States, describing talent mobility as an area of significant mutual benefit for both countries.
“This is therefore an area of tremendous mutual benefit for the two countries and our expectation is that all stakeholders in this process can appreciate this fact,” he said.
The MEA also expressed the view that the measures announced by the US government do not support the shared objectives of the two countries.
“The steps announced by the US do not advance the shared ambitions of both countries,” Jaiswal said, adding that India would continue to monitor developments concerning the issue.
The ministry reiterated that the suspension of PERM applications and the H-1B visa programme are distinct matters, while cautioning that the decision could affect the permanent-residency process of eligible employees at the companies concerned. (ANI)
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