Microsoft, Google seek green card rule change | TechTarget

🌈 Abstract

The article discusses the efforts by tech companies, such as Microsoft and Google, to seek changes to the green card sponsorship rules in the United States. The companies are facing challenges in sponsoring foreign workers for employment-based green cards due to stringent labor rules, especially amid recent layoffs. The Biden administration is considering a rule change that could exempt certain tech occupations, like software engineering, from labor market tests, allowing companies to bypass some requirements and potentially reduce green card processing times.

🙋 Q&A

[01] Tech Companies' Challenges with Green Card Sponsorships

1. What are the challenges tech companies are facing in sponsoring foreign workers for employment-based green cards?

• Tech companies are finding it increasingly difficult to sponsor foreign workers for green cards due to stringent labor rules designed to protect U.S. workers.
• The current process, governed by the Program Electronic Review Management (PERM) system, requires job advertising to ensure U.S. workers are not adversely affected.
• Amid layoffs, the rationale behind employment-based visas and H-1B work visas becomes questionable, as the goal is to supplement unavailable skills domestically.

2. How are some tech companies responding to these challenges?

• Amazon has temporarily paused its permanent labor certification program for green card sponsorship due to government requirements and legal complexities.
• Other tech companies, like Microsoft and Google, are lobbying for changes to the green card rules to address these challenges.

[02] Proposed Green Card Rule Change

1. What is the Biden administration considering regarding green card rules?

• The Biden administration is considering a rule change that could exempt certain tech occupations, such as software engineering, from labor market tests.
• This proposed exemption would allow companies to bypass some labor market requirements if there is a demonstrated shortage of U.S. workers in a particular occupation.

2. How could this proposed rule change impact the green card process?

• Updating the Schedule A list (a list of occupations exempt from certain labor market tests) to include STEM occupations could significantly reduce green card processing times by 13 to 20 months.
• The current green card process can take more than 40 months with the PERM requirements.

3. What is the process for updating the Schedule A list?

• The process for including occupations on the Schedule A list is unclear, but the American Immigration Lawyers Association (AILA) is recommending the use of objective labor market data, such as wage increases, vacancies, and unemployment rates, to decide which tech occupations should be added.