Immigration Attorney Highlights Misconceptions in Green Card Process
An immigration expert clarifies misconceptions surrounding Green Card approvals and their relation to American job losses.
H-1B approvals do not necessarily indicate new hires, as many are extensions.
Current Green Card approvals reflect applications filed years ago, not recent employment.
Employers must consider laid-off American workers when filing for labor certification.
In a recent statement, immigration attorney Gnanamookan Senthurjothi addressed misconceptions surrounding the Green Card process, particularly in light of Vice President JD Vance's comments linking layoffs to foreign worker approvals. Vance's announcement highlighted 6,000 American layoffs alongside 6,300 H-1B approvals and 3,000 Green Cards, prompting questions about the actual impact on American workers.
Senthurjothi emphasized that H-1B approvals do not equate to new employment opportunities. He noted that many approvals are extensions or changes of status for existing employees rather than new hires. For instance, Microsoft reported that about 80% of its H-1B filings last fiscal year were for extensions, highlighting that these figures cannot be combined to suggest that foreign workers are replacing American jobs.
The attorney further explained that the lengthy Green Card application process means that many individuals currently receiving Green Cards filed their applications years ago, around 2013-2014. Thus, the issuance of 3,000 Green Cards today does not imply that these individuals were recently hired; most are already employed by the sponsoring companies and have been for an extended period.
Senthurjothi also pointed out that there are provisions in place to address potential displacement of American workers. Under the PERM labor certification process, employers who have laid off U.S. workers in related occupations within six months of filing must notify and consider those employees for new positions.
Finally, he cautioned against assuming a direct correlation between layoffs and Green Card approvals. While both may occur within the same timeframe, they do not necessarily involve the same roles or individuals. The Department of Labor has the authority to investigate any suspected violations, and the evidence should guide the consequences if employers have misrepresented their hiring practices. Senthurjothi concluded that while the numbers raise important questions, they do not provide definitive answers on their own.