News Update - January 9, 2008
By Alan Lee, Esq.†‡
Immigration and the Economy in Presidential Politics - Why H-1B
visas should be a Primary Concern
Republicans and Democrats seem to have shelved any talk of immigration
reform following defeat of the Comprehensive Immigration Reform
legislation in 2007. However, with the economy alternatively booming
or heading for recession depending on what you read from varying
“experts,” immigration policy must soon again come into
the spotlight. There is not much doubt (except from some “nativists”
and isolationists”) that the U.S. economy is dependent upon
foreign labor in many fields, especially the sciences. However,
discussion or media coverage of the H-1B nonimmigrant program which
provides much of the alien high skilled talent has been scarce.
A New York Times review of Presidential candidates’ positions
on immigration and other issues focused on earned legalization and
border security but not visa policy. (NYT 12/30/07, 3 articles)
Lost in the rhetoric on immigration and illegal immigrants is the
requisite attention to the woefully inadequate H-1B visa quota.
The lack of enough of these visas damages the American economy.
Last year, the first day to apply for an H-1B visa was April 1st
and it turned out to really be an April Fools day with the quota
of 65,000 new H-1B visas (including 6,800 set aside for Singapore
and Chile) exhausted on the 1st day. The 20,000 remaining H-1B visas
for those holding master’s degrees were expended in relatively
short time as well. In the mid 1990s, the cap on H-1B visas went
as high as 195,000 and not all were used. This evidences that there
is a market control on the use of these visas. There are also controls
on abuse of the program in the form of stringent penalties and increased
cost borne directly by the employer. It has become expensive for
an employer to apply for an H-1B visa with serious penalties for
violations and especially for willful violations. It is incumbent
for our Congress and those seeking the Presidency to speak clearly
on immigration matters and entertain new positive thought such as
an idea espoused by Diana Furchtgott-Roth, a former Chief Economist
at the U.S. Department of Labor, in her New York Sun opinion piece
“Desperately Seeking Visas” (1/2/2008), to allow the
Department of Labor to decide on its own the number of work permits
and temporary visas issued per calendar quarter. Provided security
and U.S. worker protection protocols are followed, limiting the
bureaucracy and increasing the efficiency of the process and availability
of these useful visas is a goal that needs to be achieved.
If candidates are going to speak in generalities about immigration
or tiptoe around immigration issues, at the very least the need
for an increase in H-1B visa numbers or the complete removal of
the cap is an area where candidates should make specific statements.
Most political pundits do not believe any significant immigration
reform will occur until a new President is sworn into office. However,
there is a chance to do some good by contacting your Representatives
and Senators and urging that the H-1B visa cap be increased or eliminated.
You may use the link on our home page as provided by the American
Immigration Lawyers’ Association. The hoary adage “What
is good for business is good for the country” was never more
appropriate.
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