LABOR; IMMIGRATION AND NATURALIZATION;

You asked for a summary of the federal visa program that allows foreign workers to come temporarily into the U. S. for employment, often in high tech jobs, and whether there is any proposed federal legislation to limit or end this program.

SUMMARY

The federal visa program for foreigners to work temporarily in the U. S. , known as the H-1B visa, currently allows up to 195,000 people into the country annually. The program is designed to allow people qualified for specialty occupations (such as engineering, computer programming, science, and medicine) to work in the U. S. for up to six years. During the 1990s, Congress raised the annual limit from 65,000 to 195,000 because businesses were having trouble filling certain jobs, mostly in the growing information technology sector.

During the last session of Congress, Rep. Thomas G. Tancredo introduced a bill that would cap the H-1Bs at 65,000 and reduce that number by increments of 10,000 for each quarter of a percentage point the national unemployment rate exceeds 6%. The bill died in the Immigration and Claims Subcommittee. The National Conference of State Legislature’s Washington, D. C. staff indicates no similar legislation has been introduced in the 108^th Congress, which began earlier this month.

If Congress takes no action, the law elevating the ceiling to 195,000 visas will expire on October 1, 2003, the start of the 2004 federal fiscal year, and the 65,000 limit will again be in effect.

NONIMMIGRANT VISA PROGRAM

The federal H-1B visa program for nonimmigrant foreign workers to come temporarily to the U. S. applies to people in a “specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education,” according to the U. S. State Department’s web site (http: //www. travel. state. gov/visa; tempwkr. html).

The state department has 11 nonimmigrant temporary worker visa classifications, but the H-1B classification has come under scrutiny in the wake of numerous layoffs in the information technology workforce. (The other classifications include seasonal workers, intracompany transferees, and internationally recognized athletes or entertainers, to name a few. )

The application process for all nonimmigrant visas includes the following:

1. The applicant’s prospective employer or agent must file a petition for nonimmigrant workers with the U. S. Immigration and Naturalization Service (INS).

2. If approved, INS sends the employer or agent a notice of approval.

3. The applicant then must apply for the visa through the American embassy or consulate with jurisdiction over his or her permanent residence. The application must include notice of approval, completed application form, $ 100 fee, passport valid for travel to U. S. , and a full-face photograph.

H-1B applicants (and intracompany transferees) are exempt from the requirement of demonstrating they have no intention of abandoning binding ties to a residence outside of the U. S.

Recent news reports indicate about 80,000 visas were issued through the program during the last federal fiscal year, which ended Oct. 1, 2002. Although this number represents a decline from the previous year, there are concerns that American-born workers are being displaced by nonimmigrant workers as the economy remains sluggish (see Computerworld. com, “Feds to Study H-1B Program’s Impact on IT Hiring”).

FEDERAL LEGISLATION

During the 107^th Congress, Rep. Thomas G. Tancredo introduced a bill that would cap the H-1Bs at 65,000 and reduce that number by increments of 10,000 for each quarter of a percentage point the national unemployment rate exceeds 6%. The bill died in the Immigration and Claims Subcommittee. The National Conference of State Legislature’s Washington, D. C. staff indicates no similar legislation has been introduced in the 108^th Congress, which began earlier this month.

Last year two members of the House Science Committee asked the U. S. General Accounting Office to study whether U. S. companies show a preference for retaining H-1B workers over U. S. citizens when they cut jobs. The study is due out sometime this year and may influence the debate over the program.

JM: ro