Term Paper on "Immigration Law H. 1b Work Visas"

Term Paper 15 pages (4945 words) Sources: 1+

[EXCERPT] . . . .

Immigration Law: AKA- H-1B work visas

A Brief Definition/Description Of The Current Law

The H-1B visa usually is regarded as a 'Non-Immigrant Visa' and authorizes employment with a sponsoring employer. (Lubin, 32) H-1B visa gives permission for a nonimmigrant foreigner to work for a short time in the United States in an area of expertise that needs hypothetical and useful application of a body of specific knowledge. Some of the expertise areas are architecture, engineering, medicine and health, law and arts. It is necessary for the supporting employer to appeal for the visa. (Clark, 21) the H-1B visas are exercised to fetch trained workers into U.S. with most of them being it professionals. (Michael, 8)

The employee must fulfill some norms together with educational along with experience directly associated with the job on the way. Employers must assure to pay reasonable or current wage, though a variety of sources can be employed to attain the number. H-1B workers are frequently engineers, scientists or high-tech workers, but that is not mandatory. Others can meet the criteria for an H-1B if the employer shows a requirement for that specialist. Employers must also guarantee that employing the H-1B worker will not unconstructively influence other workers. There is a yearly limit set on H-1B visas. Applications that do not get tendered before the limit is reached will have to loiter for the next fiscal year, which starts on October 1. H-1B visas are one among a handful visas that permit twofold purposes, denoting that H-1B applicants can have the aim of later immigrating and looking for everlasting residence in the U.S. (Professional Work Visas: Both Sides of the Issue/Political Stands)

The U.S. Immigration and Naturalization Service -INS permit H-1B provisional visas for duration of three years. These may be continued for an extra three years, for a total of six. These visas normally go to engineers, computer programmers, financial analysts, doctors and teachers, jobs that need a bachelor's degree or higher. A permanent occupation with a U.S. employer is the primary step in the direction of getting an immigrant visa on the basis of a job, or green card, for most foreign nationals who want to immigrate to and work in the United States forever. An instance is that of the impermanent professional work visas distributed between fiscal years 1994 and 1996, 40% attuned to permanent nationality. The clip that will often keep an individual there is if a company provides permanent residency sponsorship. (Wells, 18)

There are many grounds why employers use the H-1B visa program to recruit workers. Employers supposedly recruit H-1B workers due to troubles hiring competent U.S. workers and due to the considerable intervals in getting a green card for foreign workers. Getting a job-based green card can take many years but the authorization process for an H-1B visa usually takes only a few months after the LCA is filed. The LPR application process also needs that a solid document shows specific requirement for a worker. Additionally, as described above, the restriction on the number of job-based LPR visas may be more obligatory than the restriction on H-1Bs. The bulks of H-1B visa holders are from Asia and are highly learned. The most general country of birth for H-1B holders is India, which accounted for nearly half the H-1B recipients in fiscal year 2001. (Zavodny, 48)

The medium income of H-1B beneficiaries that year was $55,000, and about 98% of H-1B beneficiaries had a minimum of a bachelor's degree. On the contrary, about 26% of U.S. residents aged twenty-five and older had a minimum of a bachelor's degree in 2000, and medium earnings among workers with a bachelor's degree in 2001 was $46,969, as per the U.S. Bureau of the Census. (Zavodny, 48) Possessors of H-1B visas are not exposed to the similar immigration process and rank-and-file applicants from other countries. Instead, these workers are anticipated to keep the citizenship of their country of origin, but assist the U.S. workforce generates additional products and income. (Linda, 12) Thus the H-1B program works as a means to retain the U.S., market and the career lively in America. (Green, 14)

2) a historical background of the law in action

The existing H-1B program was launched in 1990 to allow skillful outsiders to work in the United States. The program was developed from the H-1 visa program, which was formed in the beginning of 1950s to permit companies to recruit skilled foreign workers coming to the United States on a provisional basis for short-term jobs. From 1970, companies were permitted to recruit outsiders for long-term jobs, and the number of visas delivered rose as the U.S. economy exploded in the 1980s. (Zavodny, 47) Earlier to 1990, there were no limitations for the H-1B applicants and so the numbers were always reserved. (Green, 14)

In 1990, Congress restricted the number of H-1B visas to 65,000 per financial year. This limit was compulsory all through the years from 1997 to 2000, triggering Congress to raise the annual limit by two-fold, initially to 115,000 for financial years 1999 and 2000 and to 107,500 for financial year 2001 and then to 195,000 for financial years 2001-2003. The limit was not compulsory in financial years 2001 and 2002 due to the recession in the economy, which was mainly manifested in the it sector, which shrunk the requirement for workers. In 2001, the U.S. Immigration and Naturalization Service -INS, distributed just about 164,000 H-1B visas that tallied against the limit and just about 79,000 in financial year 2002. (Zavodny, 47)

Actually till 1997 there was a limitation of only 65,000. The U.S. Department of Commerce in a June 1999 study highlighted the significance of the it sector to the economy, forecasting that 1,400,000 new workers, or nearly 250,000 a year, would be essential to meet up the estimated requirement for information technology personnel throughout 2006. Likewise, the Department of Labor has also estimated that for each of the next ten years, there is a requirement of 200,000 new hires per year in the state-of-the-art segment. The H-1B visa group was intended to be an advantage to American industry, and for nearly 40 years there was no constraint on the number of H-1B appeals settled in any given year. The General Accounting Office has declared in its 1992 report, that H-1B visas facilitate U.S. businesses to vie for global aptitude. Hence their effective accessibility can assist or obstruct profitable global contest. (Masters; Ruthizer, 8)

For the first time, a main competitive hurdle was created for U.S. companies by the Immigration Act of 1990 on an annual limitation of 65,000 on H-1B visas. The limitations were first made in 1997. In May 1998 again the limitations were made. At last in October 1998 Congress reacted to the company's protest by passing the American Competitiveness and Workforce Improvement Act, which raised the number of H-1B professionals to 115,000 for Fiscal Years 1999 and 2000, and to 107,500 for FY01. The raised numbers for FY99 were once again used up by the spring of 1999 due to the unexpressed requirement and a market chugging along in high gear, and the INS even gave out 25,000 more visas than allowed by the cap. The condition was even poorer in FY2000, as the 115,000 limits were attained in March. (Masters; Ruthizer, 8)

The agency details that it had sanctioned 105,314 appeals for new jobs in FY2003. Out of these 78,000 was contrary to the 195,000 limits, which was then in power. For the financial years 2001 to 2003, Congress increased the annual limit on H-1B visas to 195,000. (Clark, 20) the measure raised the limit on H-1B visa from 115,000 to 195,000 by a nearly common vote of 96-1, which was accepted in the Senate. This indicates that for the next three years 80,000 more expert foreign workers will be permitted to enter the United States on short-term visas. The H-1B people have been given more opportunities to widen their position and work for a long time in the United States. (Schu, 8) in reaction to the corporations that alleged that they couldn't appoint sufficient local faculty to increase the dot-com fizz, the limit on H-1B visas has been increased to 195,000 in 2000. Even then many state-of-the-art industry specialists who viewed this visa program, as a means to get inexpensive workforce disliked this statement. (Vaas, 25)

The agency sanctioned 112,026 appeals for continuing H-1B employment in FY 2003, but this was a smaller amount when compared to 163,600 issued by the U.S. Immigration and Naturalization Service in financial year 2001. (Clark, 21) Around 230,000 U.S. workers in 12 engineering and computer job categories were jobless in the second quarter of 2003, as per the Bureau of Labor Statistics. The joblessness rate for electrical and electronics engineers was at a record high of 7% in the first quarter and was just better by 6.4% in the second quarter according to the IEEE-USA, a unit of the Institute of Electrical and Electronics Engineers Inc. (Vaas, 25)… READ MORE

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