Stop the H-lB Blackout!

By: Allen E. Kaye

Highly Educated Foreign Professionals Strengthen the U.S. Economy

Highly educated H-lB foreign professionals, many of whom were educated in the U.S., bolster the U.S. workforce and propel our economy forward. These professionals fill shortages and provide U.S. companies with unique skill sets and knowledge in specific areas. But the annual cap on H-lB visas means that employers will be unable to access these highly educated professionals for more than a year.

The H-lB program's numerical limitation inhibits U.S. job creation,
development, and expansion.

• The rigid H-lB cap threatens our economic development by preventing the program from adjusting to meet changing demands for highly educated professionals.
  
• Without adequate access to professionals with needed skills, U.S. companies may be forced to cancel key projects or move them offshore.
  
• By undermining our ability to keep U.S.-educated talent here, the annual cap hinders U.S. companies' competitiveness and benefits our competitors abroad.

H-lB professionals help employers create jobs and opportunities for Americans.

• H-lB professionals help create new products and services, which enable U.S. businesses to grow and create more jobs for American workers.
  
• H-lB professionals include engineers, researchers, medical professionals, computer professionals, economists, and teachers, positions that directly benefit Americans.
  
• Foreign-born individuals are innovators and constitute 28% of all individuals with Ph.D.s in the U.S. engaged in research and development in science and engineering.
  
• Fees paid by U.S. employers who hired foreign-born professionals between 1998 and 2003 totaled more than $692 million and have funded training programs for more than 55,600 U.S. workers and scholarships for more than 12,500 U.S. students in science and engineering.

The H-lB program protects U.S. workers.

• The H-lB program responds to economic conditions and is self-regulating. For example, when the U.S. economy started to decline and unemployment rose at the turn of the decade, H-lB usage dramatically dropped. Despite the availability of 195,000 H-lB visas, employers only used 79,100 visas in FY 2002 and 78,000 visas in FY 2003.
  
• The financial costs and delays associated with the H-lB program make this program a last resort for employers. Fees range between $2,000 and $3,000 per H-lB petition, not including legal expenses.
  
• The H-lB program has built-in safeguards to ensure that highly educated foreign professionals do not undercut the wages offered U.S. workers. Employers must pay the foreign professional a wage at least as high as the typical wage in the region for that type of work ("prevailing wage").

American employers need increased access to H-lB professionals
now and in the future.

• In the short term, increased access will enable American employers to benefit fully from the contributions of these foreign professionals.
  
• The Bureau of Labor Statistics projects from 2000 to 2010 a 47% growth in science and engineering jobs and an 82% increase in computer-related jobs. Currently, over half of the domestic workforce in the scientific and technological industries belongs to the baby boomer generation. As this group retires, there are not enough domestic workers to take their places. As these industries grow and our U.S. workforce shrinks, the availability of H-lB professionals will be critical to America's economic development.
  
• Congress needs to create an H-lB program that reflects the changing demand for these professionals and enables U.S. employers to access these highly educated foreign professionals now and in the future.

Those who feel strongly about this should have their company send
a letter to Congress. A sample letter follows:

Date:

The Honorable_____________

United States Capitol

Washington, DC

Dear Congressman/Senator _____________

The FY 2006 H-lB cap has been exhausted even before the start of the upcoming fiscal year. As a result, American companies are now banned for fourteen months from hiring any new highly educated foreign professionals. I urge you to address this crisis as soon as possible on behalf of [company name here], American employers, and the American economy. Congress should not remain silent in the face of this unprecedented H-1 B blackout.

H-lB 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 H-1 B professionals supplement your US 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 skillsó particularly in important areas such as math, science and engineeringó the H-lB program is needed to help keep our company competitive and keeps jobs in America.

H-1 B workers are a small but extremely important part of our company's workforce, and [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 [contact information].

Sincerely, [ name here]