Are prospects for H-1B increase really dimming

Date: Friday, December 07, 2007 12:51 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1796 -- 12/06/2007 >>>>>

After reading that doom and gloom newsletter about Noah's Ark, I just thought
I would send something more cheerful. The articles below would give you the
impression that an H-1B increase has very little chance of passing by the end
of the year. Now doesn't that make you happy?

It shouldn't and here is why: At this moment there is a major lobbying effort
on Capital Hill to get a visa increase. They want Congress to hide an H-1B
increase in one of the pending bills. Groups that are working the Hill include
Compete America, the Information Technology Association of America (ITAA),
Information Technology Industry Council (ITIC), International Franchise
Association (IFA), American Hotel & Lodging Association (AH&LA), and Save
Small Business (SSB).

I don't know about you folks, but when I see that much heavy duty throw weight
in DC at the same time, I get very nervous. You can bet that there is a very
close correlation between the "Noah's Ark" tomfoolery by Pelosi and Zofgren
and this lobbying effort. It's far too much of a coincidence to believe
otherwise.

Despite the good news in the two articles that are included below, you should
not conclude that an H-1B increase is dead for this year and here is
why:

* Towards the end of 1998 most of the mainstream media concluded that an H-1B
increase was dead. Clinton said that he would veto any attempt at an H-1B
increase, so the case seemed closed. In the dark of a December night, the H-1B
cap was increased from 65,000 per year to 185,000. Clinton signed the bill
into law as soon as it hit his desk.

* Towards the end of 2004, most of the mainstream media analysts concluded
that a lame duck session of Congress wouldn't be able to pass an H-1B
increase. Bush pledged he would sign any increase if Congress would pass one.
Then, near the end of December, Congress passed a 20,000 visa exemption to the
65,000 limit. Bush signed it into law as soon as it hit his desk.

Notice how similar the two events were? We need to make sure 2007 isn't
another repeat of history!

Clearly the H-1B lobbyists think that publicly conceding defeat is a good
strategy to lull the public into complacency. It's tough to tell if they will
get their H-1B increase, but they may win others that are probably worse, like
the F-4 and employer based green cards (EB).

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http://www.statesman.com/business/content/business/stories/other/12/05/1205visa.html

or

http://www.ajc.com/news/content/business/stories/2007/12/05/H1B_CONGRESS.html

Prospects fading for more H-1B visas
But some lawmakers hold out hope Congress will expand program for highly
skilled workers.
Click-2-Listen
By Eunice Moscoso
WASHINGTON BUREAU
Wednesday, December 05, 2007

WASHINGTON - With little time left in the Congressional calendar, high tech
companies are scrambling to get an increase in H-1B visas for highly skilled
workers this year, but the prospects are fading.

"Time is short, and it is a bit of a long shot, but the urgency of our
situation necessitates us continuing to walk the halls of Congress," said
Robert Hoffman, a vice president for government and public affairs at Oracle
and co-chair of Compete America, a coalition of high-tech companies that
includes Microsoft Corp. and Google, Inc. "As long as they continue to talk to
us, we have reason to be hopeful."

Hoffman said he is in discussions with House leaders and other key lawmakers,
hoping to attach an amendment to a larger measure. But the task is difficult
because Congress is facing a heavy agenda in the final weeks of the year,
including 11 "must-pass" spending bills to fund various government agencies.

U.S. businesses say the H-1B visas, which allow well-educated foreigners to
work in the U.S. for up to six years, are vital to the economy and to
competition in a global market. Thousands of citizens of foreign countries
educated at U.S. universities are sent away, shipping future leaders and
innovators elsewhere, they say.

Jeff Lande, senior vice president of the Information Technology Association of
America, which represents more than 300 companies, said getting more visas is
his top priority and there's certainly a chance that it will happen.

Lawmakers who strongly support the expansion also said there is still hope.

"There's always a chance," said Sen. John Cornyn, R-Texas.

The number of H-1B visas allowed by law has fluctuated in recent years in
response to the U.S. economy and the highs and lows of the tech industry, and
it is now set by Congress at 65,000. In addition, 20,000 more citizens of
foreign countries with advanced degrees from American universities are allowed
to work in the U. S.

This year, the U.S. Citizenship and Immigration Services returned thousands of
petitions for H-1B visas after receiving more than 133,000 applications in two
days.

Critics say that the program depresses wages for U.S. workers and has many
flaws, including limited enforcement mechanisms.

Legislation designed to protect U.S. workers from being displaced by H-1B
employees has also stalled in Congress. The measure by Sens. Richard Durbin,
D-Ill., and Charles Grassley, R-Iowa, would stop businesses from hiring H-1B
workers who are outsourced to other companies and would give the Department of
Labor more authority to conduct employer investigations.

Durbin said it is unlikely that an H-1B increase would pass this year. "I
doubt it. We're running out of time."

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