H-1B Visa Holders in the Indian Communities of Silicon Valley and a Problematic Trend
The February 18, 2008 edition of the San Jose Mercury News has an interesting article suggesting that at least in California Bay Area, the fastest growing group of illegal immigrants is, surprisingly, Indians. The article cites the USCIS statistic that there are 270,000 unauthorized Indian natives in the United States - a 125 percent jump since 2000 which is the largest percentage increase of any nation with more than 100,000 illegal immigrants in the United States.
Still, it’s a small number compared to the number of illegal residents from other countries but it’s the trend that is disturbing. If the trend continues, within three years India would trail only Mexico, El Salvador and Guatemala as a source of illegal immigration.
The problem of course is not illegal entry but legal entry followed by falling out of status. According to the Mercury News article, that typically involves losing H-1b employment especially in today’s economy and even more especially in Silicon Valley.
It’s an unfortunate development and it certainly highlights the importance of H-1b visa holders doing everything they can to remain in status - - for example, always keeping in mind that there is no “grace period” at the termination of an H-1b job and, as much as possible, having a seamless transition from one H-1b employer to another. People should also remember that under certain limited circumstances (depending on the timing of an application for a labor certification or an I-140 Immigrant Petition) H-1b status is available beyond the typical last sixth year.
