Tuesday, 02 January 2024 12:17 GMT

'Deeply Offensive': MEA On JD Vance's 'Indentured Servants' Remark On H-1B Workers, Clarifies Impact On Work Visa


(MENAFN- Live Mint) Responding to the US Government's move to bar several Tech majors from its Green Card programme, the Ministry of External Affairs on Friday said,“PERM applications does not affect H-1B visa holders” and“the steps announced by the US do not advance the shared ambitions of both countries.”

He further stated that JD Vance 's description of H-1B visa workers as“indentured servants”, calling the terminology“deeply offensive”

"We are aware of the U.S. Department of Labour's decision concerning the Permanent Labour Certification (PERM) programme for certain companies. It should be noted that PERM is distinct from the H-1B visa programme. The suspension of PERM applications does not, by itself, affect the validity of existing H-1B visas or the status of H-1B visa holders and their dependents, though there could be some impact on the permanent-residency/Green Card process of eligible employees of the affected companies" the Ministry stated in a statement

Further the Ministry stated that talent mobility between two nations creates significant value to both economies and the steps announced do not advance the shared ambitions.

Quick answers to key questions

.5 QUESTIONS1What did India say about the US suspension of PERM applications?⌵

India's Ministry of External Affairs said PERM is separate from the H-1B visa programme and that suspending PERM applications does not by itself affect existing H-1B visas. It said the move could affect eligible employees' path to permanent residency and does not advance the two countries' shared ambitions.

2Does the PERM suspension cancel existing H-1B visas?⌵

No. The MEA said suspending PERM applications does not, by itself, affect the validity of existing H-1B visas or the status of H-1B holders and their dependents.

3What is the difference between PERM and an H-1B visa?⌵

An H-1B is a temporary work visa for eligible foreign workers. PERM is a labour-certification step connected to permanent employment and can be part of the employment-based green-card process.

4How can a PERM suspension affect an employee's green-card process?⌵

PERM is an important step in many employment-based green-card cases. If applications are not accepted or pending applications are not processed, eligible employees at affected companies could face an impact on that process.

5Why does India say skilled talent mobility benefits both countries?⌵

The MEA said talent mobility creates opportunities for Indians and helps US companies through talent, innovation, research, productivity, competitiveness and job creation. It described mobility as an area of mutual benefit for both countries.

"It should also be clear that talent mobility adds value to both economies. While it creates opportunities for Indians, it equally helps US companies with cutting-edge talent, innovation, research, productivity, competitiveness and job creation, besides creating shareholder wealth in the US. 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. The steps announced by the US do not advance the shared ambitions of both countries," the MEA stated.

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While addressing a news conference on visa fraud on Thursday, Vance said,“If you are working as an H-1B visa in the United States of America, you're earning $20,000 less than an American citizen hired in the same position. If you were brought in by one of these foreign outsourcing firms, you're making $48,000 less than an American citizen in a similar position.”

“So, I'm sure that everybody here understands the game that is being played. You bring in indentured servants from outside the country, you lay off American workers and, if you're a corporation, you make a ton of money by under cutting the wages of American workers, replacing them with people who frankly shouldn't be in the United States of America to begin with,” he added.

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Separately, addressing the US Department of Labor's decision concerning the Permanent Labor Certification (PERM) programme for certain companies, the MEA clarified that PERM is distinct from the H-1B visa programme.

“We are aware of the U.S. Department of Labor's decision concerning the Permanent Labor Certification (PERM) programme for certain companies,” the MEA said.

“It should be noted that PERM is distinct from the H-1B visa programme. The suspension of PERM applications does not, by itself, affect the validity of existing H-1B visas or the status of H-1B visa holders and their dependents, though there could be some impact on the permanent-residency/Green Card process of eligible employees of the affected companies,” it added.

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