Efforts to Eliminate the H1B Program Not Likely to Succeed
Posted Jul 18, 2003

We at The Law Office of Sheela Murthy, P.C. wish to address a growing concern in the immigrant community. Representative Thomas Tancredo's newest bill, H.R. 2688, introduced on July 9, 2003, seeks to eliminate the H1B program. It is highly unlikely that this bill will ever gather enough support to become law. Each year, many anti-immigration bills are introduced, but with a pro-Republican Congress, sensitive to the needs of businesses, and a President who wishes to maintain a strong and friendly relationship with Mexico, such bills are not likely to succeed, except in spreading anxiety and churning the rumor mill at the speed of the Internet!

History of H.R. 2688

Last year, Representative Tancredo introduced H.R. 3222, a bill that would have permanently capped the H1B program at 65,000 and provided for a reduction in H1Bs available whenever the U.S. unemployment rate exceeded 6 percent. This measure did not obtain any co-sponsors and never passed out of the subcommittee to which it was assigned.

Another bill, H.R. 946, was introduced earlier in the session. Its purpose is to affect a moratorium on immigration, including significant reductions in employment- and family-based immigration. Though H.R. 946 has 9 cosponsors, it has yet to pass out of committee, and many feel it will not do so.

Current Administration

The Bush Administration has repeatedly stated that it values the benefits brought to the U.S. by immigrants, and does not appear to share Representative Tancredo's misinformed views on immigration. Therefore, even if the bill were to somehow pass both the House and Senate, it is very unlikely that President Bush would sign it into law. If he vetoes the bill, Congress would have to override the President with a 2/3 vote. Far more than 1/3 of the members of Congress understand the benefits of immigration and would be unwilling to pass restrictionist measures such as H.R. 2688 or H.R. 946.

Conclusion

Though the restrictionist measures Representative Tancredo introduces are frightening to contemplate, it is the democratic process of our nation in action that no single member of Congress can simply will a bill into law. The U.S. is, after all, a nation of immigrants.

It is important that people, who strongly feel that such extreme bills should never be introduced, contact their Congressional representatives and lobby for the introduction of reasonable and favorable bills, such as earned adjustment, greater resources for BCIS, family unification, expanding the V visa eligibility for spouses of all permanent residents, and programs to attract foreign nurses and ease the critical U.S. shortage.

In addition to visiting our Legislation page, MurthyBulletin and MurthyDotCom readers can visit the AILA WebSite and click on the "Contact Congress / Media Center" link to find out what major immigration issues are afoot. Successful lobbying not only requires action against bills such as H.R. 2688, but also action in support of favorable legislation. By involving ourselves in the political process in this way, we embrace our role among leaders in the global community, attained through the dreams and hard work of all our citizens, whether American by birth or by choice.