Proposal to Increase H1B Quota Gathers Momentum!
Posted Mar 16, 2007
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As regular MurthyDotCom and MurthyBulletin readers are aware, there is an annual numerical limit or "cap" on new H1B petitions. The current limit is 65,000 H1B cap cases per year. In addition, Congress has allocated 20,000 H1B cap exemptions for graduates of U.S. institutions awarded advanced degrees. These limits are not sufficient to meet demand. The problem of the shortage of available H1B visas is not new, as it has been increasingly problematic since the cap reverted to 65,000 for Fiscal Year (FY) 2004. This impacts the U.S. economy and technological competitiveness, as well as highly-qualified foreign nationals. The matter, however, recently has gained renewed and more generally positive attention from Congress in its current pursuit to craft new laws in the immigration area.
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Recent Developments on Capitol Hill
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On March 7, 2007, Microsoft Chairman Bill Gates addressed the U.S. Senate Health, Education, Labor and Pensions Committee to urge politicians to boost the nation's competitiveness. Mr. Gates urged enactment of new legislation that would allow U.S. companies to hire foreign nationals with little or no limitation on the numbers of qualifying workers. (In addition, Mr. Gates suggested two other avenues for reaching this goal: enhancement of science education and elevation of research spending, which are outside of the scope for this article.)
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In his address, Mr. Gates made a chilling prediction that the U.S. will soon lose its competitive edge in the high-tech realm if Congress does not amend current immigration law with regard to the H1B cap. Mr. Gates expressed great concern over current U.S. immigration policies that "drive away the world's best and brightest precisely when we need them most." He further stated that, without "infinite" availability of H1B visas for these people, the country will not be able "to maintain its technological leadership." Mr. Gates acknowledged his appreciation of the "vital national security goals that motivate many of these policies," but added that the “terrible shortage in our visa supply for the highly skilled stems not from security concerns but from visa policies that have not been updated for a decade and a half."
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Positive Reaction in the U.S. Senate
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As far back as March of 1998, Mr. Gates addressed the Senate Judiciary Committee, expressing essentially the same concern with regard to competition in the computer industry. The reactions from politicians nine years ago and on March 7, 2007, were strikingly different. While in 1998, Mr. Gates endured heated questioning from members of the Senate Judiciary Committee, his recent address had a more positive reception. According to news reports, politicians indicated that they are willing to take cues from Mr. Gates, as most of them have respect and trust in Mr. Gates's ability to provide a correct picture of U.S. technology and its development trends.
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Congress Has Received Encouragement from President
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President Bush has urged Congress to increase the cap on H1B visas on several occasions. Most recently, while President Bush spoke to DuPont employees in Wilmington, DE, in January of this year, he addressed this matter by promising to work closely with Congress to push for more H1B visas available to qualifying foreign nationals each year. He acknowledged the shortage, recognizing that there are many professional foreign workers who would have a lot to offer the U.S. if they were allowed to come and work here.
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On an earlier occasion, President Bush addressed Congress in his February 2006 speech at 3M Co.'s headquarters in St. Paul, MN, which was similar to his address to DuPont employees on the topic of H1B employees and increasing the quota.
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Future Predictions
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It is unclear whether the current, 110th Congress will act on proposed legislation calling for an increase in the H1B quota. It is even more unclear if such legislation will be approved by the required majority needed to pass both the U.S. Senate and the U.S. House of Representatives. We remind MurthyDotCom and MurthyBulletin readers that the current H1B quota remains in place unless and until there is legislative change. Any such change would be vitally important news that we would immediately share with our subscribers and on our WebSite.
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We at the Murthy Law Firm remain hopeful that Congress will finally heed the desperate call for an increase in the H1B cap from the general public and prominent business figures, such as Mr. Gates. We will continue to watch the development of this important matter and report on any significant progress.