Outlook Business Desk
As the US entered its fifth week of government shutdown caused by a funding deadlock in Congress, thousands of Indian tech professionals face visa uncertainty. Stalled applications and frozen hiring have worsened the strain from earlier H-1B visa restrictions.
Immigration lawyers across states like Texas, California and Ohio report a total standstill in visa filings. They warn that even though the US Citizenship and Immigration Services remains operational, petitions cannot proceed without certified LCAs.
Cincinnati-based Matthew Minor, partner at Corporate Immigration Partners, cited by ET, said Labour Condition Application (LCA) processing has been halted. As LCAs are essential for hiring foreign workers, all new H-1B filings and extensions remain on hold until the Department of Labor resumes work.
Houston-based immigration lawyer Helene Dang, partner at Foster LLP, said the shutdown has completely frozen H-1B petitions. Although the US Citizenship and Immigration Services is open, it cannot proceed without Department of Labor-certified LCAs, leaving employers and workers stuck.
Cleveland-based immigration attorney Richard T Herman highlighted that over 71% of H-1B visa holders in the US are Indian professionals. He added that the shutdown has stalled visa processing nationwide, blocking petition filings and deepening uncertainty for thousands of skilled Indian workers.
Meanwhile, Washington-based attorney Becki Young, founding partner at Grossman Young & Hammond, explained that workers must be taken off payroll until new petitions are filed, leaving them without income and disrupting US companies that depend on skilled foreign professionals.
The US Citizenship and Immigration Services has allowed delayed filings under “extraordinary circumstances,” but Houston-based lawyer Helene Dang, partner at Foster LLP, said the relief is discretionary and offers no certainty, leaving many workers anxious about their visa status.
In the current environment, where Immigration and Customs Enforcement has increased removal actions, Becki Young observed that many H-1B workers fear overstaying or being forced to leave the US, particularly families whose children are studying in American schools.
On the other hand, attorney Richard T Herman noted that clients are exploring alternative visa routes such as the EB-5 investor and EB-1C executive transfer categories, while some are considering relocating to Canada or other countries amid rising uncertainty over US immigration policies.
Immigration experts warned that the employment-based green card backlog now exceeds 1.8 million cases, with 1.2 million Indians waiting over 15 years. Los Angeles attorney Geetha N Adinata said the new $100,000 H-1B fee has further increased employer anxiety amid the shutdown.