An Indian worker requests suggestions and help on Facebook to keep herself in the US after losing job offer due to unfavorable H-1B environ.
Nilisha Mohapatra was once an H-1B aspirant but the ongoing uncertainties on the visa program and an overall fear among employers resulting from the brewing unwillingness to hire foreign nonimmigrant workers have pushed her to start a social media club to take suggestions on how to keep her American Dream alive.
“I had a job offer in September, and an organization that was eager to sponsor my H1B visa. But, we got tripped by the system, and I was denied the job,” Mohapatra wrote in her Facebook post. “Am I frustrated and tired? YES! Have I given up yet? No. It is not the end of the road. I am here to stay. And willing to fight it out till March. But, I need your help.”
A Delhi University graduate, according to her LinkedIn profile, has asked people for leads for work in H-1B Cap-Exempt organizations. “Help me find an organization that sponsors H1B Cap Exempt Visas: Universities, non-profits associated with universities/ govt. agencies, and research organizations have the capacity for this visa. If you’d like more info, send me a message,” read her message on the ‘Keep Nil in USA’ club.
The H-1B cap exemption allows a foreign worker a work visa outside the annual quota – 65,000 plus an additional 20,000 for those who have completed a master’s or higher degree from the US.
United States Citizenship and Immigration Services (USCIS) explains the exemption thus: “Sections 214(g)(5)(A) and (B) of the Act (Section 103 of AC21) exempt an alien from the H-1B cap if the alien is “employed (or has received an offer of employment) at “an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization (hereinafter a “qualifying institution”).”
Additionally, this cap exemption can also be exercised by institutions that are not a qualifying institution. “Commonly, qualifying institutions petition on behalf of current or prospective H-1B employees and claim this exemption,” according to USCIS website. “In certain instances, petitioners that are not themselves a qualifying institution also claim this exemption because the alien beneficiary will perform all or a portion of the job duties “at” a qualifying institution.”
A Florida-based immigration law firm, SGM Law Group, simplifies the distinction on its website, reiterating, “It’s important to recognize that there are two overarching classifications of H1B cap exempt petitions. Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers.”
For her situation, Mohapatra feels that the struggle being faced by foreign workers is the repercussion of political desire to oust non-native skilled workers and immigrants, in general. “The impact of our political situation right now, is awful. And that is what makes this a bigger journey. One that goes beyond my desire to live in America. For me, this is a fight for immigrants. For doing good work. For being a person of color, and being bloody proud. For shining the light on humanity.”
4 Comments
Waaah waaah – I had a very good job in Dubai which was taken from me after big conglomerates from the US came over and started firing every good competent worker from India, Pakistan and Bangladesh. They then replaced us with highly paid but incompetent white workers from the US and the UK who didn’t know their jobs properly and did no work but were well connected to pollitical big wigs in the US. Half of them had to be fired and replaced by cheaper Chinese professionals who knew their job. I don’t cry about it – back when I lost my job it was due to “market forces” – now when you’re losing yours suddenly you want to change the rules! Hey I’m pretty sure the native Americans didn’t want you winding up on their shores and killing them but hey that’s life eh? And life is rarely fair.
I sympathize with the spirit of the “go home” messages. I, too, had 2 jobs outsourced. But some Indians are more American than Americans. Even with psychology degrees and not working in IT, they will be a great boost to the country if they love it. However, the H1B system doesn’t necessarily bring in people who love the country and winds up taking jobs and money overseas. Creating another system will require an act of Congress over corporate interests which may not happen in our lifetimes. “Merit based” is really just another term for corporations making decisions instead of Americans. Ideally, the system would find the most potentially patriotic and altruistic people from all countries.
Her LinkedIn profile as of 2017 lists two 3-year degrees of Sociology and Psychology respectively. These are certainly not skills of limited supply that the H1b visa is supposed to be providing.
No one cares for the American worker anymore. They have become an afterthought sadly.