Musings on Immigration

We are rapidly approaching that time of year when the scramble for the coveted H-1B visa begins.  As a reminder, the H-1B visa is the only work visa available to most foreign workers.  It requires that the person have a U.S. Employer, a position with that employer that requires a specific bachelor’s level (or higher) education (a professional position), and that the person being applied for actually have that specific bachelor’s level (or higher) degree. Every year, Congress has limited the number of new H-1B visas for bachelor’s degree holders to 65,000, with an additional 20,000 H-1B visas available to those whose job requires a Master’s degree, or higher.  In 2013, USCIS received more than 124,000 applications for the 85,000 H-1B slots.  USCIS held a “lottery” for both the master’s degree and bachelor’s degree H-1B categories.  Initially at least, whether you received your H-1B was entirely based on luck in 2013.  It will be the same in 2014. ...

Yesterday we focused on the shortcomings of the "Gang of 8's" Four Pillars of Immigration Reform.  Let's take a look now at Utah Senator Orrin Hatch's new Immigration Innovation Act of 2013 or "I-Squared Act of 2013 (S.169) (now that a catchy little ditty of a title, no?)  Frankly, this is exactly what an immigration reform bill should look like if it is serious about making America competitive into the 21st century.  Senator Hatch's office released a summary, which I have paraphrased: Employment-Based Nonimmigrant H-1B Visas This bill Increases H-1B cap from 65,000 to 115,000 immediately. And, it establishes a market-based H-1B escalator, so that the cap can adjust — up or down — to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move):  If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately. If the cap is hit in the first ...