IBM ending visa sponsorship for most roles in IBM Consulting: What will happen to employees?

Tech giant IBM has announced that it is ending certain Green Card sponsorship and H-1B visa programs within its consulting business. The company said that the decision has been prompted by skill availability in the US, meaning the company does not need to bring in foreign skilled workers. This does not apply to the entire company but only to IBM Consulting, which employs 150,000 people globally. IBM Consulting is the services and technology-advisory arm of IBM (International Business Machines). It helps other companies modernise their businesses, adopt new technologies and manage large-scale IT operations. It basically covers IT consulting, AI, cloud computing, cybersecurity, and business transformation etc. The workforce comprises software engineers and developers, IT consultants, data scientists and AI specialists, cloud architects, cybersecurity professionals, project managers and business analysts.

'Funny how corporate calculus changes'

Inspector General of the US Department of Labor, Anthony D'Esposito, reacted to the announcement and called it funny. He said the announcement was obviously a reaction to the Trump administration's crackdown on visa and Green Card abuse. "@IBM is pulling back on visa sponsorships. Funny how the corporate calculus changes when scrutiny shows up...If your business model depends on nobody checking, find a new business model," he said.

What will happen to affected employees?

Bloomberg reported that the affected employees will have the option to leave the US and continue working for IBM outside the US or leave the company at the end of the year.

Will all H-1B visa holders of IBM be laid off?

Many aspects of IBM's announcement remain unclear: like whether the announcement is for new sponsorships of Green Cards or whether those who are in the Green Card queue will be affected.1. Employees currently on H-1B visas If they want to remain in the US, they will have to find a new employer as IBM is likely to stop their visa sponsorship.2. Employees whose Green Card applications are in progress

There are different stages in the employment-based Green Card process. If PERM is not filed, the employee may have to find another employer to start the process from scratch.

If the PERM application is pending, a new employer generally has to begin its own PERM process.

If PERM is approved but I-140 is not filed, then the employee will generally need a new employer to file a fresh Green Card petition.

If the I-140 is pending, then the employee may also need a new employer to restart the process. There are limited protections if an associated I-485 has already been pending for 180 days.

If the I-140 is approved, then the employee may retain the original priority date, even if IBM withdraws the petition, subject to USCIS rules.

If the I-485 is pending for 180 days or more, the employee may qualify to transfer the Green Card application to another employer, provided the new job is in the same or a similar occupational classification.