Until recently, H-1B visas were championed by Silicon Valley companies as the solution to the region’s shortage of programmers and engineers. First issued by the INS in 1992, they attract skilled workers from other countries, many of whom bring families with them, lay down roots and apply for the more permanent green cards. Through February 2000, more than 81,000 worker held such visas — but with the dot-com crash, many have been getting laid off. That’s causing mass consternation in U.S. immigrant communities. The INS considers a worker “out of status” when he loses a job, which technically means that he must pack up and go home. But because of the scope of this year’s layoffs, the U.S. government has recently backpedaled, issuing a confusing series of statements that suggest workers might be able to stay if they qualify for some exceptions and can find a new company to sponsor their visa. But even those loopholes remain nebulous. The result is thousands of immigrants now face dimming career prospects in America, and the possibilities that they will be sent home. “They are in limbo. It is the greatest form of torture,” says Amar Veda of the Silicon Valley-based Immigrants Support Network.
The crisis looks especially bad in light of all the heated visa rhetoric by Silicon Valley companies in the past few years. Last fall the industry won a big victory by getting Congress to approve an increase in the annual number of H-1B visas. Now, with technology firms retrenching, demand for such workers is slowing. Valley heavyweights like Intel, Cisco and Hewlett-Packard have all announced thousands of layoffs this year, which include many H-1B workers. The INS reported last month that only 16,000 new H-1B workers came to the United States in February — down from 32,000 in February of last year.
Last month, acknowledging the scope of the problem, the INS told H-1B holders “not to panic,” and that there would be a grace period for laid-off workers before they had to leave the United States. INS spokeswomen Eyleen Schmidt promises that more specific guidance will come this month. “We are aware of the cutbacks,” she says. “We’re trying to be as generous as we can be within the confines of the existing law.”
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