IBM Restricts H-1B Visa and Green Card Sponsorship Across Consulting Workforce

IBM has chosen to stop sponsoring H-1B visas and Green Cards for most jobs in its Consulting arm, impacting a workforce of over 150,000. The action comes amid heightened scrutiny of U.S. immigration and employment visa programs by the Trump administration.

IBM restricts H-1B visa and green card sponsorship across consulting workforce
IBM restricts H-1B visa and green card sponsorship across consulting workforce

More than 150,000 individuals work for IBM Consulting, and on November 10th, the business announced that it would no longer sponsor US visas and green cards for most positions inside the division. The action is taken at a time when the Trump administration is closely monitoring IT companies that hire foreign nationals. Permanent Labour Certification is a prerequisite for green cards for foreign employees.

Last month, the Trump administration barred Microsoft, Adobe, and other large outsourcers, such as Cognisant, Infosys, and Tata Consultancy Services, from participating in the programme. The US high-skilled visa programs have been utilised by IBM Consulting to rectify skill shortages. However, according to a media report, participation in these programmes has been steadily decreasing over the past few years.

US Putting Strict Scanner on Visa Policies

IBM decided to stop sponsoring the majority of these positions because customer needs and expertise availability had changed. If they don't want to stay in the US, affected workers have until the end of the year to find another job with IBM or depart. The White House said last year that new H-1B petitions will incur a one-time charge of $100,000. Anthony D'Esposito, the US Department of Labour's Inspector General, responded to the news by finding it humorous.

The announcement, he added, was clearly a response to the Trump administration's crackdown on green card and visa misuse. There has been a reduction in visa sponsorships at @IBM. When criticism arrives, the corporate equation alters, which is funny. He advised them to "find a new business model" if their current one relies on unchecked processes. There is still a lot we don't know about IBM's announcement, such as if it's about new sponsorships of Green Cards or if it will impact people already in the queue. Since IBM is planning to discontinue their sponsorship of H-1B visas, current employees who wish to remain in the US will need to locate a new company.

How US’ Green Card Applications are Processed?

The process for obtaining a Green Card through employment involves several steps. If the Program Electronic Review Management (PERM) is not submitted, the employee may be required to start the procedure all over with a new company. As a general rule, a new employer is required to initiate their own PERM process if the existing application is still outstanding. It is common practice for employees to require a new employer to initiate a new Green Card petition if PERM is accepted but an I-140 is not submitted. The person might have to find a new job in order to start the procedure over if their I-140 is still pending.

If an underlying I-485 is already 180 days pending, there are limited protections. Subject to USCIS regulations, the employee may be able to keep the original priority date if the I-140 is accepted, regardless of whether IBM withdraws the petition. If an employee's I-485 application has been in uncertainty for 180 days or longer, they may be able to switch employers and apply for a green card for a different position within the same or a comparable industry.