Bills Proposed for Special Immigrants and More H1Bs
Posted Mar 28, 2008
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The U.S. House of Representatives has legislation pending that addresses the shortfall in the nonimmigrant H1B category for highly-skilled foreign workers. Another bill has been introduced that would provide a new special immigrant category for persons with U.S. Ph.D. degrees. It is essential to understand that, at this time, the legislation described is simply in the proposal stage. It is an indication of some support for positive changes in areas important to MurthyDotCom and MurthyBulletin readers. The law cannot change unless legislation is passed by both the House and the U.S. Senate and, thereafter, signed by the President.
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Various Bills Introduced in the House
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The House is currently reviewing several bills designed to provide much needed relief to U.S. employers and the highly-educated foreign national employees they need. On March 13, 2008, Congresswoman Giffords (D-AZ) introduced the "Innovation Employment Act" (H.R. 5630), proposing to increase overall H1B numerical limitations and to "modify certain requirements with respect to H1B nonimmigrants." On March 14, 2008, Congressman Smith (R-TX) introduced H.R. 5642 proposing to increase the numerical limitations temporarily in fiscal year (FY) 2008 and FY2009. In addition, Congressman Kennedy (D-RI) introduced the "New American Innovators Act" (H.R. 5634) to exempt from the immigrant numerical limitations any person who has received a Ph.D. from an institution of higher education within the three-year period preceding such person's petition for special immigrant status.
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Proposal to Increase H1B Numbers
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The bill introduced by Congresswoman Giffords contains the most generous proposal to increase the numerical limitations imposed on H1Bs. It provides for an increase to 130,000 (as opposed to the current cap of 65,000) available in FY2008 and each succeeding year. (Note that the last day of FY2008 is Sep 30, 2008. Current H1B cap filings are being made for FY2009, which begins Oct 01, 2008.) If certain conditions are met to indicate that the increased cap number is not adequate, the proposed law provides for further increases in the H-1 cap based on a formula. The bill introduced by Congressman Smith would simply provide for 195,000 H1B visas during fiscal years 2008 and 2009. (The cap of 195,000 was set and available 2001-2003, at which time there were adequate cap numbers to meet demand.) Both bills are designed to fix the problem of the inadequate H1B cap numbers for high-skilled temporary workers.
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Proposal for Special Immigrant Visas for Certain Ph.D. Candidates
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The bill sponsored by Congressman Kennedy would add a new category to the list of special immigrants that currently includes such categories as immigrant religious workers, Panama Canal company employees, certain retired international organization employees or family members, Armed Forces member, and nationals from Afghanistan or Iraq who supported the U.S. Armed Forces as translators. The proposed new category that would be added to this list is reserved for individuals who received Ph.D. degrees from U.S. institutions of higher education within 3 years preceding the filing of the special immigrant petition. These individuals would be exempt from any numerical limitations in order to receive lawful permanent residence in the United States.
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Conclusion
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The recent testimony of Bill Gates is consistent with these proposed bills and it is a sign that legislators do heed the words of stalwarts in business and technology. [See article #3, Bill Gates' Testimony on Technology and Need for Skilled Workers, in this week's MurthyBulletin.] It is important to stress that these various bills introduced in the U.S. House of Representatives are not law. They are only at the proposal stage of the legislative process. Many bills are introduced, but never passed. Immigration remains a controversial issue, and perhaps this is heightened in the period leading up to the 2008 elections. As explained in our August 2, 2002 article, The Legislative Process – How a Bill Becomes a Law, available on MurthyDotCom, the legislative process is complex. We at the Murthy Law Firm will continue monitor and report on developments in this important matter.
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