H-1B VISAS CRISIS TALKING POINTS
Posted by Jeff Z Xie on June 17, 2008 at 12:34:51
Our failing H-1B visa program is hurting America: • The H-1B “specialty occupation” professionals include among others: teachers,
doctors, engineers, professors, lawyers, physical therapists, and computer
professionals, and they are much needed components of our country’s economy yet,
artificially set numerical limits prevent many from working in the U.S. • These high-skilled workers comprise less than one-tenth of one percent of the U.S.
workforce. U.S. preeminence in a variety of scientific and technical fields, as well as
competitiveness in the global market depends on their participation in our economy. • The current allocation of H-1B visas is woefully inadequate to meet America’s
economic need for these workers. The crisis is immediate: • The numerical limit for FY2009 has again been exhausted on the first day they
were made available this year, April 1, 2008, a repeat of last year’s crisis. • The announcement that the cap was hit on the first day that companies could file
applications for these H-1B visas and six months prior to the start of the fiscal
year means that businesses that do not have their application randomly selected and
approved are prevented from having access to the professional workers they need for
18 months—a year and a half! • This marks the fifth consecutive year that this arbitrary numerical limit, set by
Congress more than a decade ago, has been triggered before the end of the fiscal year.
• Ideally, we would already have our own pool of high-skilled workers coming out of our
universities but as U.S. companies continue to develop and invest in our pipeline of
domestic talent U.S. businesses, universities, medical and research institutions must
have access to the workers they need. • It should be noted that portions of the H-1B application fee go towards educational
scholarships, training programs and fraud detection.
o Even during this period of economic down turn in the U.S., there simply are
not enough qualified, high-skilled U.S. workers to fill the needs of U.S.
employers (see NFAP Policy Brief, “Talent Search”, March 2008). H-1B
foreign professionals are therefore essential in filling these needs.
o While unemployment rates in the U.S. edge upwards, it is critical to understand
that H-1B workers have helped to create additional jobs for U.S. workers (see
NFAP Policy Brief, “H-1B Visas and Job Creation”, March 2008).
o There have been concerns raised that large numbers of H-1B visas are going to
foreign based firms. Where there are legitimate complaints, they should
certainly be investigated and foreign companies using this program heavily are
being closely scrutinized by the U.S. government as well as key members of the
U.S. Congress. However, until actual abuse and wrong doing are uncovered,
we should be prudent in the manner in which reforms to the H-1B program are
made so as not to render the program unworkable. • If the arbitrary cap continues to prevent U.S. employers from hiring H-1Bs, we will
see a disturbing trend continue—needed foreign professionals being turned away
from the U.S. and going abroad to work for our competitors, often taking with them
knowledge, experience and expertise gained while studying or training in the U.S. • The end result that is fast approaching is that U.S. national security, preeminence in a
variety of scientific and technical fields, competitiveness in the global market, and
overall prosperity will all suffer. Congress can and must provide short-term relief: • Recapture unused H-1B visas from previous fiscal years • Exempt U.S.-educated workers with advanced degrees from the H-1B cap • Permit work authorization for spouses of H-1B workers Allow U.S. Businesses Access to Vital Professional Workers, Relief Needed Now! Prepared by AMERICAN IMMIGRATION LAWYERS ASSOCIATION
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