What Businesses can do to Increase the H1B Quota
Posted Jun 20, 1999

As readers of the Law Office of Sheela Murthy Bulletin are aware, the current year's H1 quota was confirmed by the INS as having been exhausted on June 15, 1999. Even though the confirmation was on June 15, 1999, those H1B Petitions received on or before April 9, 1999, would obtain the H1B approval against this fiscal year's (1999-2000) quota. Obviously, this is well in advance of the September 30, 1999 end of the fiscal year.

For the fiscal year 2000, the quota, which most likely will continue to be inadequate, remains at 115,000 and then in 2001 it reduces to 107,500 and after that reverts back to 65,000 H1Bs in each fiscal year.

The American Immigration Lawyers Association (AILA) has been actively engaging in a campaign to lobby members of Congress to understand the importance of the H1B program to U.S. businesses. Any increase in the H1B quota will only be possible if businesses contact their Senators and Representatives.

To assist businesses in getting this message out to Congress, AILA has provided a sample letter, which we provide below with minor modifications to make it more updated and relevant. Please understand that a lot of what we all have achieved has been as a result of our combined efforts. The Law Office of Sheela Murthy strongly encourages companies which employ H1B workers to send these letters so that we can collectively make a difference! Please note that the anti-immigrant agitators are far more active than the pro-immigration lobby, as evidenced by the fact that they have managed to introduce draconian bills such as the Immigration Moratoria Bill etc. Although they have failed to win a decisive victory, their dedication and commitment to their neo-Nazi anti-immigrant rhetoric should be decisively trumped by those who correctly believe that the greatness of America lies in the fact that it attracts the best and brightest from around the world, and those who truly care about the progress and world leadership of America should believe in and fight for the pro-immigration cause. Accordingly, please take a few minutes to convince your company to send this letter to your elected representatives:

Dear Senator/Representative:

We ask for your assistance to address a continuing issue for [Name of Company]: the reaching of the cap on available H1B visas for vitally needed foreign-born professionals well in advance of the fiscal year. INS announced that the H1B cap had already been reached a little after 6 months into the fiscal year so that for all H1B Petitions received on or after April 12, 1999, the prospective employees would not be able to start working until the commencement of the next fiscal year starting on October 1, 1999. This is burdensome for our company and for the progress of the high tech industry and for America's leadership in the high tech field.

As you are probably aware, last year Congress passed, and the President signed, a law temporarily increasing the annual allotment of these visas to 115,000 for the next two years, and 107,500 the year after that. The H1B program allows U.S. employers to bring a limited number of highly specialized and skilled workers to the U.S. to hold positions for which U.S. citizens are unavailable, or whose skills are so unique that the U.S. economy benefits from having them here. In each of these cases, the temporary immigrant brings skills that enable U.S. companies like ours to remain competitive in today's global marketplace. The H1B program not only keeps jobs here in the U.S., but also creates more jobs for Americans.

While we appreciate the effort to increase the cap last year, the new limit was set arbitrarily, as was the previous limit, without any examination of actual usage, nor acknowledgment of the deficit of nearly 20,000 visas approved last year against this year's cap. Therefore, we find ourselves in not merely the same position this year as last but in a worse position since we now have the expiration of the quota almost full six months before the end of the fiscal year. (Insert company name)'s inability to bring in needed workers for almost six months will cause unprecedented harm to our company and the leadership of our nation.

Some examples from our company show the indispensability of these H1B professionals for both our operations and economic competitiveness. (Describe briefly your company's operations and at least one situation where an H1B professional has made a positive contribution to your company's operation. Such examples could include situations where the employee was central to a project that created jobs, developed a new product, or enabled you to enter a new market. Be as specific as possible, particularly with numbers as in "the project with which the individual was involved created jobs for ten U.S. workers.")

If we are prevented from hiring essential people to fill critical positions, then we will be compelled to open branches or subsidiaries abroad which will benefit those countries but deprive the U.S. of those jobs and the growth of our economy. (Discuss any other or different consequences for your company caused by your inability to use much needed H1B professionals).

Contrary to allegations, these workers do not displace Americans: rather, they generate jobs for Americans. And companies that hire these workers already have invested, and will continue to invest, significant amounts of money in education and training of current and future U.S. workers (through support for education and training programs in both the workplace and schools, and through the new $500 fee introduced last year). However, these efforts are insufficient to meet my company's immediate needs.

We ask for your help to introduce and support legislation this year that would raise -- or better yet, eliminate -- the H1B cap. Please support U.S. business by helping us to continue to hire these H1B temporary professionals. Thank you for your prompt attention to this important matter.

Sincerely,

Name Title of Person Signing

Courtesy of the American Immigration Lawyers Association