In response to my post, "How Nasscom Is Harming the Indian IT Industry," a senior official with the Indian IT trade association has taken issue with my conclusions and provided a rebuttal, noting that Nasscom has partnered with the U.S. State Department in India on multiple occasions to educate Indian companies on U.S. immigration laws.
Ameet Nivsarkar, the Nasscom vice president who made the statements to an Indian media outlet that I shared in my post, emailed this response:
While we respect your right to express your views, I would like to take this opportunity to highlight some of the activities that NASSCOM and the Indian IT Industry have been carrying out with respect to the US.
1. You are absolutely correct in identifying the need to abide by US immigration laws. For many years now, NASSCOM has repeatedly highlighted the need to the industry to scrutinise every single visa application as well as maintain the required documentation with the same degree as one would do for SEC filings. On multiple occasions, NASSCOM has partnered with the US State Department in India to hold workshops for educating the Industry and creating awareness.
2. With reference to the statement attributed to me about the parameters governing visas not being clearly defined -- this indeed is the case and companies as well as visa adjudicators have had challenges in interpreting the language. To illustrate, in US law, the requirement for specialized knowledge to be proven in order to qualify for an L-1B Visa states that "Knowledge needs to be out of the ordinary but not extra-ordinary". You will undoubtedly agree that it is extremely difficult to categorise specialized knowledge given these guidelines both for the Industry and for the adjudicators. One can take a point of view on either side and still be correct. Our only request to the US Government has been to have tangible, unambiguous and clear guidelines that leave no room for interpretation.
3. Lastly, the Industry itself has invested significantly in the US. The Indian IT industry has created and supports over 280,000 jobs in the US and has contributed over 15 billion dollars in taxes to the US Treasury. There is no reason for us to believe that this will not increase in the years to come. I can send you more data on the research supporting these facts if you wish.