How to Help Raise the H1B Cap
Posted Jul 07, 2006
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As regular MurthyDotCom and MurthyBulletin readers are aware, the H1B cap limits are a serious problem in immigration law at this time. The regular H1B cap for fiscal year (FY) 2007 was reached on May 26, 2006. Thus, all slots for those qualifying for this type of visa were filled more than four months before the fiscal year began. This is causing many problems for our clients, both U.S. employers and the employees seeking to work in the United States. We are often asked by our readers what they can do regarding this problem. We, therefore, are providing some guidance for those who would like to become involved.
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Contacting Congress
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The H1B cap is set by law. It can only be changed if there is a change in the law. If you are of the opinion that the cap is set too low, then let your senators and/or congresspersons know what you think and why. While the opinions of individuals count, matters such as immigration limits are often driven by business interests. Employers or business owners, who are having problems recruiting and retaining skilled workers because of the H1B limit, possibly can have a stronger impact on Congress. Voice your opinions now, regularly and vociferously, with those who can introduce and vote for the passage of laws to increase the H1B quota and make a difference.
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The Simple Way to Use a "Sign On" Letter
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A simple way to contact Congress is to use a sign-on letter. These letters are prepared by interested groups, setting out the basic arguments in support of a position regarding legislation and policy. It is possible to make changes to these standard letters, tailoring them more to one's specific point of view. The American Immigration Lawyers Association (AILA) has such a letter <http://capwiz.com/aila2/issues/alert/?alertid=5183421&type=CO> available on the topic of increasing the H1B cap, for those who support this position. These letters are given weight in making decisions, but usually not as much weight as more personalized letters.
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A More Personalized Letter
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It is also possible to personalized and print a letter to send to any particular senator or congressperson. Contact information is available on the House and Senate websites. Sample templates of letters on various topics are often available through advocacy groups. A sample letter is available below for those who want to take this step. This letter provides businesses with the opportunity to explain their particular difficulties in locating qualified U.S. workers and the ways in which the H1B cap has negatively impacted them.
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Conclusion
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Change only occurs when our elected leaders know what we think. At the Murthy Law Firm, we see and hear each day about problems caused due to the H1B cap. Based on the problems experienced by our clients, we are of the opinion that the cap needs to be eliminated, or at least sufficiently raised. Whatever you believe, take the steps afforded by living in a free republic to inform your legislators of your opinions.
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Sample Letter to Congress from Business on the H1B Cap :
[Your Name, Position]
[Your Company Name]
[Address]
[Optional Tel. No. and eMail]
[Date]
The Honorable [Name of Elected Official]
[Address (available on websites indicated above)]
Dear Congressman / Senator [Name of Elected Official]:
The FY2007 H1B cap has been exhausted four months before the start of the upcoming fiscal year. As a result, American companies are now banned for sixteen months from hiring any new, highly-educated foreign professionals. I urge you to address this crisis as soon as possible on behalf of [insert company name here], American employers, and the American economy. Congress should not remain silent in the face of this unprecedented H1B blackout.
H1B professionals work on key job-creating projects and provide critical expertise in our company and in American companies nationwide. Cutting off access to these professionals will only dull our nation's competitive edge and strengthen our foreign competition.
[Optional additional paragraph: Insert description of your company, note any operations in the member’s district and explain how H1B professionals supplement your U.S. workforce and enable you to expand operations and hiring in the United States.]
[Optional additional paragraph: You may also want to describe your company’s recruiting efforts, explaining the pool of candidates you see and how you determine whether to sponsor a foreign national. Explain how hitting the cap will affect your company’s operations.]
Until the U.S. education system provides an adequate supply of Americans with the necessary skills - particularly in important areas such as math, science, and engineering - the H1B program is needed to help keep our company competitive and keep jobs in America.
H1B workers are a small but extremely important part of our company’s workforce, and [insert Company Name here] strongly urges you to support efforts that would ensure continued access to these talented professionals.
If I can provide more assistance, please contact me at [Your Preferred Contact Info].
Sincerely,
[Your Name and Title here]
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