For a worker to qualify to avail the US social security benefits, it must have contributed for at least 40 quarters, or 10 years. However, most H-1B and L-1 Indian workers return to India within two to five years — unless their visas are extended, thus becoming ineligible to claim any benefits. As a result, their contributions are ‘forfeited’ in the US, with no mechanism in place to recover them.
According to a report by the Indian Council for Research on International Economic Relations (ICRIER), the US authorities have argued that the Employees Provident Fund (EPF) scheme, which is the main social security scheme in India, does not cover half of the working population in the country and for this reason, cannot be regarded as adequate for the purposes of entering into a bilateral totalisation agreement.