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India’s MEA has termed JD Vance’s characterisation of workers with H-1B visas as “indentured servants” “very offensive. The comments were issued in conjunction with a Green Card suspension programme that was put in place for India-based IT companies, such as Infosys, Wipro and Cognizant. So, what does it mean for H-1B visa holders from India?
What Did JD Vance Say – and Why Did India’s MEA Respond?
At a press conference on visa fraud, Vance said H-1B workers make up to $48,000 less than American workers and that they are “indentured servants” – a reference that India’s MEA said was “deeply offensive” and had “painful historical and colonial legacy connotations.” The MEA emphasised that Indian professionals make excellent, valuable contributors to US innovation and economic growth.
What Is the Green Card suspension programme — and Does It Affect Your H-1B?
Cognizant, Infosys, Wipro, HCL, Capgemini, Microsoft and Adobe all lost their permissions for the Permanent Labour Certification (PERM) program from the US Department of Labour. This means:
| Issue | Impact on H-1B Workers |
| PERM suspension | The Green Card process has been delayed or stopped. |
| Existing H-1B visa | Does not pose a threat — not directly impacted. |
| This is an H-1B dependent visa. | Not affected by suspension of PERM. |
| Applications for Green Card in process | Could face delays |
The MEA said: valid existing H-1B visas will continue to be valid. However, this suspension is a big blow to thousands of Indians who are at the halfway stage in the permanent residency process.
What Rights Do Indian H-1B Workers Have in the US?
H-1B visa holders are clearly protected under the law, no matter what the politics of the day are:
- The rules about pay are designed to provide you with minimum wage protection in your position.
- Although the I-140 has been approved for 180+ days, you may switch employers.
- The grace period is 60 days to get a new sponsor if your job is taken away.
- Whistleblower protection – Report wage violations to the US Department of Labour
The PERM suspension is about the Green Card and not about these protections of the day.
Practical Steps for Indian H-1B Professionals
- Find out if you have a PERM with your immigration lawyer.
- Ensure compliance with prevailing wage by documenting wage agreements.
- If you have a valid and approved I-140, then understand your H-1B portability options.
- Track changes to the MEA and the HR team’s changes within your company.
FAQs
Will the Green Card suspension programme revoke my H-1B visa?
No. The PERM suspension will only impact the Green Card (permanent residency) process. Existing H-1B visas and status are unaffected.
Are there options for job changes if the employer is suspended from PERM?
Yes. If your I-140 is approved for more than 180 days, then even if you are waiting for your Green Card, you can change employers because of H-1B portability.
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