neelu
12-13 11:33 PM
Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
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jthomas
06-10 01:50 AM
The employer would offer you (and only you) one way ticket to the final destination to your country. You have to bear the cost of your family members.
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas

ajju
04-16 10:41 PM
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...
USCIS # (800) 375-5283
You can hope to get the refund and if not write to uscis and they are honest about these things.
Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...
USCIS # (800) 375-5283
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martinvisalaw
03-24 01:45 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
more...
Catherine
11-18 12:34 AM
Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.
I wonder if there are any other ideas out there? Thanks one and all.
I wonder if there are any other ideas out there? Thanks one and all.
pd_recapturing
09-04 10:19 AM
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
more...
makemygc
08-03 10:58 PM
Here is the link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
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add78
06-08 08:21 AM
$100
Transaction ID: 8VJ563474N368532E
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more...
santb1975
12-08 01:21 PM
To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv
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rbharol
09-26 08:37 PM
I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.
be changed.
more...
singhsa3
08-14 10:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
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indianabacklog
10-31 07:20 AM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
If you want to try to speed this up, go online, make an infopass appointment at your local office and have them send an email or fax on your behalf.
I am not excusing the IO's right now but can you imagine the amount of calls they have had to endure since the July fiasco and the mounds of applications that they are having to deal with through no fault of their own.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
If you want to try to speed this up, go online, make an infopass appointment at your local office and have them send an email or fax on your behalf.
I am not excusing the IO's right now but can you imagine the amount of calls they have had to endure since the July fiasco and the mounds of applications that they are having to deal with through no fault of their own.
more...
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kate123
04-07 09:38 AM
Kate, do you personally know the two cases? Just curious. Thanks!
I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)
I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)
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sportsguy131
07-31 05:07 PM
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
more...
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RSRao
10-28 03:32 PM
This is regarding my husbands H1b extension. He has been working for a Indian consultancy since 3 years. Now he got a full time offer with a reputed consulting firm (contract to hire) and they are processing his extension and transfer. Its for a different end client but this company does implementation for the client. We received a first RFE a month back requesting for purchase order, manager letter, duties to be performed, organisational chart etc. The company answered with all the relevant documents. But we have received a second RFE now. Not sure what the RFE is for and we are anxiously waiting for it. Please let us know if any of you guys have faced similar situation, incured a second time RFE. how common is to get RFE for the second time.Also do premium petitions get RFE in a fax or email message or do we have to wait for arrival through mail. The attorney said wud take 2 weeks for it to arrive. His 194 has expired and we are really worried now. What are the other options, can we apply for extension through another company when this one is in process?. He already has started working for this company once the receipt number was sent out. Any inputs are highly appreciated. If you have had similar experiences please share.
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mdcowboy
02-25 08:45 PM
I don�t want to get into this fight or judge the OP. They are already paying the price for they did. Just I want to reply for your post. If it has happened by mistake we can consider put ourselves into their shoes. I believe most of us do not want to shoplift intentionally. Some people are doing it for fun/thrill or it�s in their blood. In this context, I failed to understand what do you mean by 'Put yourself in their shoes'.
People got one more channel to vent their frustration... Never mind...
I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.
People got one more channel to vent their frustration... Never mind...
I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.
more...
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WeldonSprings
01-29 09:14 PM
E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.
What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.
But the Visa Recapture Bill didn't happen.
So, E-Verify also didn't happen.
However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
Therefore, E-Verify is active today in the system.
Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.
However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!
How is e-Verify going to affect legal immigrants ?
What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.
But the Visa Recapture Bill didn't happen.
So, E-Verify also didn't happen.
However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
Therefore, E-Verify is active today in the system.
Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.
However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!
How is e-Verify going to affect legal immigrants ?
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mhathi
04-30 03:39 PM
Category: EB3 (Regular)
Applied: November 20th, 2006
approved: April 12th, 2007.
Applied: November 20th, 2006
approved: April 12th, 2007.
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fromnaija
03-28 01:05 PM
You will need to have your H1 amended to show that you are employed part time. You should be fine with that.
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
skynet2500
06-19 05:54 PM
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
They can give a report saying that second one is scheudled on a particualr date. that's what they do for people taking MMR from them. They don't give 2 MMR shots at one time.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
They can give a report saying that second one is scheudled on a particualr date. that's what they do for people taking MMR from them. They don't give 2 MMR shots at one time.
pellucid
04-05 03:31 PM
America embraces foreign-born ballplayers, but not engineers, much to the
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
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