Proponents and skeptics of the U.S. system for granting visas
to high-skilled workers released dueling studies in Washington as the Senate
began what is going to be a two-week debate on immigration reform that will
extend beyond Memorial Day.
Since a bipartisan group of senators agreed to a
comprehensive immigration bill on May 17, critics have assailed the proposal
from every angle—with most of the focus on low-wage immigrants.
But technology companies that say they need to hire
high-skill foreign nationals to remain competitive have their own beef with the
measure. Although it raises annual H-1B visa limits from 65,000 to 115,000, with
a provision to increase them to 180,000 based on demand, employers assert that
the bill doesn’t go far enough.
H-1B
visas allow an immigrant with a bachelor’s degree or higher to work in the
U.S. for up to six years. Policy
toward high-skill immigration is included in a massive Senate bill that is now
the foundation for debate in that chamber that began May 21 and will continue
until after the congressional Memorial Day recess.
In addition to implementing an H-1B ceiling that is too low,
advocates say the Senate bill hurts companies utilizing the visa by subjecting
all of them to labor-market and prevailing-wage tests that now only apply to
companies primarily dependent on H-1Bs or have willfully violated H-1B
laws.
On May 21, the National Foundation for American Policy
released a study that found no evidence of increased H-1B abuses. Back wages
associated with enforcement of H-1B rules declined from fiscal 2005 to fiscal
2006 to $4.6 million. And 90 percent of violations were for “paperwork
offenses.”
The study also showed that 57 percent of H-1B professionals
had a master’s degree or higher level of education and that they didn’t decrease
wages or increase unemployment for U.S. high-tech workers.
Companies say they use H-1Bs to recruit math, computer
science and engineering employees. They also point out that the majority of
science and technical graduates from U.S. colleges are foreign
nationals.
“We’re just not producing enough experts in those fields in
the U.S. system,” says Bo
Cooper, an employment attorney at the law firm Paul Hastings in Washington.
A different study, released May 22 by the Center for
Immigration Studies, shows that H-1B computer workers are mostly low-skilled and
work for wages that average $12,000 less than the median wage for
U.S. workers doing the same job in
the same place.
“[I]t is clear that the H-1B program is rarely being used to
import ‘highly skilled’ computer programmer workers,” wrote author John Miano,
founder of the Programmers Guild. “Either the H-1B program is used primarily to
import relatively less-skilled, entry-level or trainee workers (and thus is of
dubious value to the American economy), or employers are lying about these
workers’ skills in order to suppress their wages.”
Both sides of the H-1B debate are finding something to oppose
in the Senate immigration bill. Beyond the H-1B changes, the Senate measure also
would transform the U.S. immigration system from one that
is driven by employer demand and family reunification to one that would allow
immigrants to apply for entry based on their talent. In that approach, companies
no longer call the shots on who can work in the United
States.
“There’s a loss of control over the kinds of skill sets that
get presented to the system and approved,” Stuart Anderson, executive director
of the National Foundation for American Policy, said in a press conference call.
“The bill is pretty much a disaster for high-tech employers.”
Those companies are lobbying the Senate to exempt from H-1B
and green card caps professionals who have earned a master’s or higher degree
from a U.S. university. They also want the
existing set-aside of 20,000 H-1B visas for master’s degree and higher employees
to apply to those who have earned their degrees from foreign
institutions.
High-tech companies are sending an urgent message to
senators.
“The limited increase in H-1B numbers combined with the new
enforcement and attestation requirements for all H-1B participants are likely to
make the program more expensive to implement and less effective as a tool to
recruit foreign-born professionals to fill jobs available in the U.S.,” Robert
Hoffman, vice president of government and public affairs for Oracle, said in an
e-mail interview. “Oracle and many other multinational tech companies would be
forced to consider shifting a portion of their development work to countries
that have more flexible immigration policies.”
But a skeptic of the H-1B system says safeguards are too weak
to ensure that a prevailing wage is paid to H-1B workers and the labor market is
tested to prevent U.S. applicants from being denied
jobs.
“It’s critically important that this gets fixed,” says Ron
Hira, an assistant professor of public policy at the Rochester Institute of
Technology and a research associate at the Economic Policy Institute. “The
Senate bill fixes only some of the flaws, not all of the flaws.”
Immigration advocates will have a greater opportunity to
influence the Senate measure now that Senate Majority Leader Harry Reid,
D-Nevada, has agreed to extend the debate into June.
“A longer period of time lends itself to more thoughtful
consideration of changes to the bill,” says Mike Aitken, director of government
relations for the Society for Human Resource Management.
—Mark Schoeff Jr.