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H-1B Visa Information

An H-1B visa is a non-immigrant, temporary visa that allows U.S. employers to hire foreign workers in specialized, skilled areas such as IT, engineering, medicine and other fields, provided that they have, at minimum, a bachelor’s degree or equivalent.  H-1B visa holders are limited to a stay of 3 years, although this is extendable for up to 6 years.  Currently, there is a cap of 65,000 workers a year, with a separate 20,000 given to applicants with advanced (master’s or higher) degrees. 

As in past years, U.S. Citizenship and Immigration Services received a large number of applications days after the April 1 filing date opening.  USCIS reported an all-time high number of applications:  163,000, including 31,200 for the advanced-degree exempted spots.  USCIS stopped accepting applications on April 7 and will have a lottery to fill the congressionally mandated cap of 85,000 spots.

For more information, go to the U.S. Citizenship and Immigration Services H-1B Visa Site>>

Action in Congress

On April 10, 2008, Sen. John Cornyn (R-TX), along with Sens. Joe Lieberman (D-CT), Judd Gregg (R-NH), and Chuck Hagel (R-NE), introduced the “Global Competitiveness Act of 2008” (S. 2839), which would temporarily increase the number of H-1B visas from 65,000 to 115,000 over the next 3 years.  The Act would also demand that visa holders are only allowed to work in areas with demonstrated shortages of American workers, thereby encouraging employers to higher Americans first.  A third provision of the Act would have a provision to recapture any unused visas and put them pack into the pool. For more information, click here>>

Also in April 2008, the House Republican Study Committee sent an open letter to House Speaker Nancy Pelosi and Majority Leader Steny Hoyer, urging them to decouple the discussion of H-1B visas with illegal immigration and introduce a bill in the next few months that will increase the flow of highly skilled, legal immigrants.  Specifically, the RSC calls for the Securing Knowledge, Innovation, and Leadership Act of 2007 to be pushed through.  This Act would increase the number of H-1B visas from 65,000 to 115,000 and also allow for a 20% increase in the cap each year, provided the quota was met during the year previous.  The Act would also exempt from the cap any individuals with a master’s or higher degree from a U.S. university. Read the letter here>>

Rep. Zoe Lofgren (D-CA) has introduced a series of bills to the House regarding foreign workers.  The first, H.R. 5882, introduced on April 23, 2008 and co-sponsored by Rep. Thomas Davis (R-VA) and Rep. James Sensenbrenner (R-WI), to address the green cards allocated annually by Congress that are not filled due to a variety of bureaucratic delays.  The bill would “recapture” the immigrant visas (green cards) and roll them over to the next fiscal year.  The second bill by Rep. Lofgren, H.R. 5921, was introduced on April 29, 2008 with Rep. Bob Goodlatte (R-VA).  Currently, the United States caps employment-based visas at 7% per country.  This bill would eliminate the per-country limits, which, Rep. Lofgren asserts, would stop employers from having to consider country of birth over talent.  The third bill, H.R. 6039, was introduced on May 13, 2008 and co-sponsored by 20 representatives from across the aisle.  According to Rep. Lofgren, over 50% of graduates from U.S. universities in master’s and Ph.D. programs in science and engineering are foreign.  This bill would serve to capitalize on this percentage by allowing such graduates in science, technology, engineering, and math to easily obtain green cards, provided they have an offer from a U.S. employer.  Rep. Lofgren estimates that the bill would affect up to 12,000 graduates a year.

Testimonial from D2Hawkeye CEO Chris Kryder

Our business - transforming healthcare data into meaningful information and knowledge - depends upon skilled engineering talent. These people are very hard to find in the United States.

As a consequence we have built a large off-shore operation; we now employ 250 engineers there. This South Asian team has been critically important in building our company - and create jobs - in the U.S.

We've worked hard to succeed in a very challenging, restrictive and costly immigration environment. D2 has managed to secure only a handful of H1B visas. But I'm certain that we would have been able to build faster, if we'd had greater access to these resources; I estimate that each trained engineer (that we finally get to the U.S.) generates 3-4 supporting employees. More importantly, these critical data and software engineering skills bring enormous value to our clients, to whom we bring software and services designed to improve healthcare quality and cost management.

Short of securing our national defense, what could be more important?.....

(How about K-12 education which emphasizes science and math instead of feel-good? I've seen classrooms in rural Nepal which put (highly-touted schools of) Newton, MA, where I live, to shame. I once brought a Nepali math textbook back and showed it to my then 17 year old son - who was a quite capable high school student. He looked at it briefly and said, ‘Yeah, I can do that stuff.’ To which I replied, ‘That's not reassuring, because you are looking at a seventh grade textbook’).

 

Characteristics of H-1B visa holders

 
According to a USCIS-issued report on 2005 H-1B visa holders:
 
Top 5 Countries of Origin:
  1. India – 44.4%
  2. China – 9.2%
  3. Canada – 4.4%
  4. Philippines – 3.7%
  5. Korea – 3.0%
Age:
Under 20 - .1%
20-25 – 7.1%
25-29 – 33.9%
30-34 – 31.7%
35-39 – 14.9%
40-44 – 7.1%
45-49 – 3.0%
50-54 – 1.3%
55+ - .9%
 
Top 5 Occupations:
  1. Computer – 43%
  2. Architecture and Engineering – 12.1%
  3. Education – 11.0%
  4. Administrative Specializations – 9.8%
  5. Medicine and Health – 6.6%
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Articles

“Gates Tells Congress What Is Needed for Better Work Force” AP
New York Times; March 13, 2008

“Skilled-Worker Visa Demand Expected To Far Exceed Supply” by Peter Whoriskey
Washington Post; April 1, 2008

“The Immigrant Gap” by Matthew Slaughter
Wall Street Journal; April 1, 2008

“Visa Application Period Opens for Highly Skilled Workers” by Julia Preston
New York Times; April 1, 2008

“Scrap the Visa Cap” by Shikha Dalmia
Wall Street Journal; April 5, 2008

“Help Not Wanted”
The Economist; April 10, 2008

“Our Opinion:  U.S. High-Tech Innovation Hindered by H-1B Visa Limit”
Tucson Citizen; April 16, 2008

“For Visas, the Demand Outstrips the Supply” by Pamela Constable
Washington Post; April 21, 2008

“Work Visas:  Lose the Lottery” by Vivek Wadhwa
BusinessWeek; April 22, 2008

“When Immigration Works for Nation:  Couple Filled Skilled Jobs, Grew Roots” by Tyrone Beason
Seattle Times; April 23, 2008

“More H-1B Visas, More American Jobs, a Better Economy” by James Sherk & Guinevere Nell
Heritage Foundation; April 30, 2008

"McCain Says Immigration Reform Should Be Top Priority" by Michael Luo The New York Times; May 23, 2008

"Desperately Seeking Visas" by Diana Furchtgott-Roth, Hudson Institute; May 28, 2008

"Dire Visa Situation" by Adrian R. Halpern, NewsObserver.com; June 2, 2008

"Tens of Thousands of Highly Skilled Workers Turned Away"  by Keith Wolfe, Google Public Policy Blog; June 5, 2008

“America’s Other Immigration Crisis” by Vivek Wadhwa, The American, July/August 2008

"Special Report:  H-1B Education” by RiShawn Biddle, The American Spectator, August 12, 2008

Tweaking Immigration:  Three narrowly targeted reforms could ease the green-card problem while helping the economy, Los Angeles Times, August 8, 2008

“Why Can’t We Make U.S. Grads U.S. Citizens?” By Chloe Albanesius, PC Magazine. August 26, 2008

“Banker says policy drains foreign talent:  Fed leader wants to make it easier for skilled workers to stay in U.S.” By Brad Hem, Chronicle. 9/4/2008

“Opportunity knows in Canada for U.S. immigrants” By Emily Bazar, USA Today. 9/16/2008

“Her chance to vote looms large” By Justin A. Rice, Boston Globe. 9/15/2008


Bill Gates recently testified to the House Committee on Science and Technology on the H-1B visa. For more please click here>> 

Featured Quotes:

“The fact that [Asia’s] smartest people often want to come here has been a huge advantage to us, and in a sense, we’re kind of throwing that away.”

“Reports showed that 59% of doctoral degrees and 43% of all higher ed degrees in engineering and computer science are awarded to temporary residents . . . It makes no sense to educate people in our universities, often subsidized by U.S. taxpayers, and then insist that they return home.”

“We are adding over 100,000 new computer-related jobs each year, but only 15,000 students earned bachelor’s degrees in computer science and engineering in 2006 and that number continues to drop.”