Bill Gates Says End H1B Cap! Posted May 06, 2005 ©MurthyDotCom Microsoft's Chairman, Bill Gates, advocated for the abolition of the H1B cap in an April 27, 2005 panel discussion at the Library of Congress. In a sweeping condemnation of the H1B limits, Mr. Gates stated, according to CNN.com, that "the whole idea of the H1B visa thing is, don't let too many smart people into the country." ©MurthyDotCom Sentiments Shared by Other Entrepreneurs in IT Sector ©MurthyDotCom Gates's sentiments are shared by other technology industry leaders, who are engaged in efforts to increase the number of skilled professional workers they can bring to the United States in the H1B category. Gates argued that, "If the demand is there, why have the regulation at all?" In a statement that may annoy unemployed U.S. IT workers, Mr. Gates was quoted as saying, "Anybody who's got good computer science training, they are not out there unemployed. We're just not seeing an available labor pool." ©MurthyDotCom People looking for IT work may want to check availability at Microsoft, as it is reported that the Chairman also declared that Microsoft is hiring at all levels, including recent graduates and those with more experience. Of course, H1Bs are certainly not limited to IT workers. In addition to IT workers, the H1B category is used to employ doctors, researchers, teachers, architects, and many other types of professionals. ©MurthyDotCom Impact of the H1B Cap ©MurthyDotCom As our long-time MurthyDotCom and MurthyBulletin readers likely recall, the H1B cap was reduced by law to 65,000 as of Fiscal Year (FY) 2004. This reduction has meant that, with limited exceptions, employers have been unable to obtain first-time H1Bs for substantial portions of FY2004 and FY2005. The filings for FY2006 started on April 1, 2005. It is yet to be seen how long the H1B cap numbers will be available. ©MurthyDotCom There is a race to file early. This FY, for example, the H1B cap of 65,000 was met on October 1, 2004; the very first day of the new FY2005. This has resulted in the inability of U.S. employers to bring the required skilled workers into the country until October 1, 2005. This may also have contributed to the increase in offshore outsourcing of work; a no-win situation. ©MurthyDotCom Conclusion ©MurthyDotCom While Mr. Gates's position may appear to be on the extreme end of the pro-immigration spectrum, immigration limits clearly need to be correlated to the needs of U.S. businesses. We hope that Congress is listening to key U.S. business leaders when they voice their need for highly skilled workers within the U.S. While good immigration policy takes into account the need to protect the U.S. labor market, U.S. businesses cannot thrive without the talents possessed by many who come to the United States as H1B workers. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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