The New H-1B/STEM Provisions: How the US Senate Continues to Undermine American Competitiveness

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    East Dane Designer Men's Fashion. The inability to fill high-skilled, technical jobs in the United States has been a concern for well over a decade, with a report from the United States General Accounting Office stating that:.

    The information technology IT industry, in particular, is a driving force behind current and future U. Employers in the IT industry have expressed concerns about not being able to fill their many vacancies. Many studies have been conducted on this phenomenon, and several indicate that immigrant workers and entrepreneurs are likely to be more ambitious and averse to risk-taking than the rest of the general population. Microsoft, the largest employer of H-1Bs in the U.

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    House of Representative , http: First, that the employer will not displace any similarly employed U. If enacted into law, the new provisions could result in depressed wages for STEM professions for generations, a systemic erosion of STEM work-force quality, an even lower participation by Americans in STEM fields and the creation of a vast permanent under-class of high technology workers in corporate America that are not native born creating intellectual property and national security headaches for the United States. Amazon Advertising Find, attract, and engage customers. Swartz and Jason D.

    With so many high-skill jobs remaining vacant, misconceptions about the effects of H-1B workers may play a significant role in the policy decisions to restrict the visa cap. On average, H-1B workers earn more, cost their employers, and are more highly educated, than U. Without significant increases and adjustments to this cap, we will continue to fall behind in the global knowledge economy.

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    Enormous international information technology consulting firms such as Tata Consulting, Infosys and Cognizant have found ways to manipulate H-1B LCAs and petitions in order to obtain a disproportionate amount of visas for on-site placement in the U. The biggest user of H-1B last year was Cognizant, an IT consulting firm based in New Jersey, which received 9, of the 65, new visas. The purpose of the petition for an H-1B visa is to prove a true employee-employer relationship for the duration of the H-1B visa.

    The bank could help the worker apply for permanent residence, due to the dual intent capabilities of the H-1B, or the worker could have another employer petition to transfer their visa if they found another job at another company. Since high-skill workers under the H-1B visa have to be sponsored by an employer, they are often more or less indentured, tied to their job and vulnerable to abuse and exploitation from that employer.

    The reality for the H-1B worker in these project based, questionable employer-employee situations, is that they will work on projects for different companies without the full rights and benefits the visa is meant to provide.

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    Critics have the concept of body shopping as an argument to keep the H-1B cap lowered. The argument has been made that if body shopping were eliminated, it would free up more H-1Bs for correct use, therefore filling high-level job vacancies and removing any need to increase the cap. While both sides can agree that the practice of body shopping must be eliminated from the use of the work visa program, there is no clear evidence to support the claim that the removal of body shopping would be enough to end the shortage of high skilled workers in this country.

    International entrepreneurs are another group who is circumventing the system created by the H-1B visa program. Their frustration with the immigration system became the impetus for a recently created startup called Blue Seed. The concept behind Blue Seed is to allow international technologists and entrepreneurs to create a collaborative, innovative environment onboard a large cruise ship, set 12 nautical miles off of the coast of San Francisco, in international waters.

    Already entrepreneurs, from startups in 70 countries have signed up to live onboard the ship, [7 4] with the majority of foreign interest coming from India. Instead, investors are paying hundreds of thousands of dollars a year [7 6] to support the growth of their startup in a sea vessel floating somewhere in the Pacific. Additionally, bi-partisan legislation focused on addressing the immigration needs of entrepreneurs and start-ups such as the Startup Visa Act and Startup Act 3.

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    Mounting concerns from the technology sector [81] and select economists [82] have become catalysts for congressional debate on H-1B visa reform. This legislation represents the most significant opportunity for comprehensive immigration reform in the last 30 years, [83] and compelling legislation for H-1B reform is being introduced along with it. In both the Senate and the House of Representatives, legislation has been introduced addressing the need for an increase in the H-1B cap. This proposal is a definite improvement to the current hard visa cap but, as the Brookings Institute points out, it only satisfies the issue of employer demand.

    This Act would increase the H-1B visa cap for high-skilled workers from 65, to , and increase the special pool of visas for foreign graduates of U. As a nation whose success has been built on diversity and innovation, there is no question that we must ensure that our immigration policies remain accessible and welcoming to the rest of the world. As an economy, we cannot afford to fall behind our competitors in high-skill workers and STEM leaders.

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    The New H-1B/STEM Provisions: How the US Senate Continues to Undermine American Competitiveness - Kindle edition by Rajkamal Rao, Thomas Gary. Indian-based companies, which is expected to continue when data are released on The 9, new H-1B petitions for the top 7 Indian-based companies highest paying majors for U.S. students 5 years out of college are in STEM . Employers of H-1B visa holders must observe complex rules to remain.

    Nor can we afford to hemorrhage international talent that has been educated in our very own university systems. It is imperative to our future as both a nation and an economy to pass legislation to increase the H-1B visa cap. We cannot wait for this need to become even more critical.

    What is a willful violator employer? Immigration Visa Center, http: Testimony before the Committee on Science and Technology, U.

    1. The H-1B Visa Program: Its Contradictory Perception And Why the U.S. Must Increase The Visa Cap.
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    House of Representative , http: Global "Body Shopping" http: She was carbon-copied on it this email when it was sent to an immigration lawyer, after she attempted to give her notice to leave for a new employer in order to receive a better position, higher salary, and green card sponsorship: To avoid all of the above - I have informed Ms. Also, see Randstad Technologies, Subashini Email. Tata Consultancy Services, Ltd fix cite — not in reporter.