India has requested the United States to extend the H-1B visas for those Indians who are stranded in America due to the travel ban related to the Coronavirus pandemic.
The matter was raised by Foreign Secretary Harsh Vardhan Shringla to US Deputy Secretary of State Stephen E Biegun on Wednesday.
No orders have been made regarding the US visa rules which states that if an employer terminates the contract of an H-1B holder employee, the employee needs to find new employment within 60 days to retain a valid visa status.
Fearing massive layoffs in America due to the Coronavirus crisis that is hitting businesses around the globe, foreign technology professionals on H-1B visas, most sought after among Indians, have asked the Trump administration to extend their permissible post-job loss limit to stay in the US from the existing 60 to 180 days.
The current federal rules require an H-1B visa holder to leave the US along with their family members within 60 days of losing their job.
This visa is a non-immigrant visa that allows companies in the US to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
A record 3.3 million Americans have filed initial jobless claims for the week ending March 21.
Those on H-1B visas are not eligible to unemployment benefits. They are also not entitled to the social security benefits, even though there is deductions from their salary for this purpose.
Initial reports suggest that quite a number of H-1B employees are being laid off. In some cases, companies have already informed their H-1B employees that they are on top of the list of being fired.
As such, the H-1B visa holders have started a petition campaign on the White House website to extend the timeline for their stay in the US after they are being laid off.
“We request the government to temporarily extend the 60-day grace period to 180 days and protect the H-1B workers under these difficult times,” says the petition which so far has attracted more than 20,000 signatures.
It requires a minimum of 100,000 petitions to get a response from the White House.
The COVID-19 situation is getting worse with massive lay-offs expected. The economic conditions may have a significant impact on H-1B workers, the petition says.
“Under regulations, H-1B workers have a 60-day grace period of unemployment time during each authorised validity period to stay in the USA legally. They must find new work within 60 days; otherwise, they have to leave the country,” the petition said.
“Most H-1B workers are from India and cannot travel home with children who are US Citizens as many nations announced an entry ban, including India. These workers cater to the economy at large, mainly supporting the IT Industry with high tax contributions,” the petition says.