H-1B VISAS

H-1B visas

[Institute Name]

H-1B Visas

Introduction

The world's largest official program of international importation of professional migrants is the system of H-1B visas in the United States, created by the Immigration Act of 1990. The number of such visas has been capped at 65,000 annually, although businesses calling for an increased quota succeeded in raising the ceiling to above 100,000 between 1999 and 2003. Foreign university students, often recruited by businesses, do not come under and are thus not limited by the cap of 65,000, however (Martin, pp: 11).

Discussion

In the mid-20th century, many scientists and other professionals from industrial nations, principally Germany and Great Britain, came to the United States. More recently, however, the brain drain has pulled emigrants from developing nations, including India, Pakistan, the Philippines, and several African nations. They are eligible for what are referred to as H-1B visas, qualifying them for permanent work permits (Martin, pp: 16).

A “means test” is required before H-1B visas are approved for workers. Would-be employers have to “attest” that there are not a sufficient number of qualified American citizens to fill the job openings. This test has not proven to be a significant encumbrance, although there have been several controversial cases where the hiring of H-1B workers has been associated with an eventual layoff of local workers. Overall though, the program has been viewed favorably, has remained in effect with minor revisions over the years, and has been emulated by other developed countries. Regularized channels for migrating professionals limit, but do not eliminate, their extra-legal movement internationally (Ong Hing, pp: 111).

The Current Immigration System

Permanent Immigration

The current immigration system remains largely that set by the 1990 law. Most visas for permanent immigration are allocated according to per-country and preference category caps. Uncapped visas are also available for the immediate family, including spouses, minor children, and parents of U.S. citizens age 21 or older, and for certain other humanitarian and assorted special visa categories (Ong Hing, pp: 122).

Each year, 226,000 visas are reserved for family-sponsored preference categories. These visas are divided among four family preference categories, reserving the largest number for spouses, minor children, and unmarried adult children of lawful permanent residents. Employment-based visas are limited at 140,000 a year, with most allocated to skilled and highly skilled workers. Each country of the world is limited to no more than 7% of the visas allocated under any given family or employment-based preference category (Ong ...