Immigration Law AKA- H-1B Work Term Paper

Excerpt from Term Paper :

(Green, 14)

U.S. Citizenship and Immigration Services -USCIS will not admit any new appeals this financial year for H-1B visas, which permit extremely expert foreign workers to work in the United States USCIS, an agency of the Department of Homeland Security, said it had got sufficient H-1B appeals to meet up this year's congressionally permitted limit of 65,000 fresh visas.

USCIS gave back new appeals presented after the close of business on February. (Laurie, 14) Petitioner recorded their appeals for FY 2005 H-1B starting from April 1, for service of jobs with a start date of Oct.1, 2004 or subsequently. (Clark, 22) Hence fresh B-1B visas will not be offered until the next financial year starting on Oct.1. 1 it is plain indication that the method is to be set, as the 2004 visa limit is already reached when it is middle of the financial year. The followers of the program say that if the H-1B program cannot give U.S. employers access to the extremely expert workers it protects, the consequence will be American jobs dropped and American ventures losing out to international competition. On the other hand reviewers say that, along with the L-1 visa program, the H-1B program leads to joblessness among extremely competent U.S. professionals and increases the contentious tendency toward off shoring. (Michael, 10)

3) Controversy over the existing law and how it affects the U.S. economy (i.e., employees' viewpoint - U.S. tech workers losing jobs to lower paid foreign workers; corporate viewpoint - filling vacancies in certain high-tech positions, etc.)

The H-1B visa program has been the spotlight of substantial discussion, with companies suggesting that the program be extended and opponents contending that it harms job opportunities for U.S. citizens. The detractors accuse that companies utilize the program to recruit foreign workers at lesser wages than U.S. natives and that H-1B workers replace natives, chiefly older workers in information technology occupations. Detractors also claim that without a source of foreign workers, companies would have to raise salaries and training chance for U.S. workers. The detractors claim that companies would generate more openings for U.S. workers, mainly minorities, who are less popular in it fields, if the H-1B program is not present. (Zavodny, 48) Detractors of the H-1B visa law maintain that there is not a high-tech worker scarcity, but rather an excess of workers at hand. Less than fifty percent of the computer science graduates acquire programming jobs, says Norm Matloff, a computer science professor at the University of California at Davis. Matloff is perhaps the most forthright detractor of the H-1B visa law in the country, asserts that it is a bipartisan move to assist the high-tech industry maintain labor costs downward, in return for political contributions. (Mason, 7)

Critics are of the view that visa scam, which appears to be widespread adds to the difficulty of the limit being attained so rapidly in 2004. As veterans demand higher salaries, the doubt is that state-of-the-art companies employ young foreign workers instead of employing knowledgeable people. (Merlyn, 8) the most general dispute against H-1Bs is that they supposedly oust American workers and lower the salary. In reacting to this, Congress has rolled a highly structured network of laws ensuing in complex systems, allegedly to defend native workers from any such blow. One of the main opponents of the H-1B status, the Department of Labor -DOL has cautiously followed the program's supposed maltreatments. (Masters; Ruthizer, 7)

From the beginning of the H-1B visas from 1991 to 1999, it received a total of 448 grievances claiming lesser payment of H-1B professionals and other employer infringements. Almost 525,000 H-1B non-immigrant appeals were sanctioned during that time. An infringement was found in 134 of the DOL survey that have been finished till date. Back wages unpaid over the complete eight-year period totaled to about 80 cents for every $100,000 paid in wages and salaries. Opponents continue their argument that they get a smaller amount than their American counterparts, which puts forth descending force on salary. Another accusation against the H-1B program is that it dispirits U.S. companies from adjusting to the domestic skill deficiency by spending in education of the domestic labor force. (Masters; Ruthizer, 7)

There are many modes by which the H-1B program may influence native and other foreign workers. Standard economic theories forecast that if H-1B workers were alternates for other workers, then the accessibility of H-1B visas would lower wages and wage increase by raising the delivery of labor. The program could also lift joblessness toll if some companies recruit H-1B workers in place of other workers and if those other workers stay in the labor force but do not locate jobs with other employers. If employers recruit H-1B workers due to a labor scarcity resulting from other qualified workers not being presently accessible, the result might be to decrease training. In case if the H-1B program is not in existence, employers in its place might prepare workers for those positions and shell out higher wages to stimulate entry into those occupations. Any such results are prone to be strengthened in the it field since most H-1Bs are recruited into computer-related occupations. (Zavodny, 47)

Labor supporting teams usually have conflicted attempts to increase the limit on H-1B visas, contending that the foreign workers usually work for extended hours at lesser wages, and have a detrimental faith on their employers to request for green cards if they desire them. They also claim that U.S. unemployment rises when Congress and the president permit more foreign workers into the country under the H-1B program. (Laurie, 15) U.S. technology experts say they are all for the H-1B work visa program for short-term tech workers as long as employers do not mistreat it. But many are frightened that the program is eradicating technology jobs and dropping wages. That was the popular view from a survey of over 1,100 tech professionals. Respondents consisted of U.S. citizens and foreigners all through the U.S. And out of the country, with designations varying from CEO to data entry operator. (Grace, 17)

The majority, as per the survey, said that the government, employers and technical experts equally are obviously exploiting H-1B visas. An awesome mass of survey respondents said losing jobs to foreigners was the main basis that H-1B visas are so contentious. But they often supplemented that the real reason that they are against short-term foreign workers is that they will work for a smaller amount or they are dropping the pay scale in their profession. The thoughts differed by area, New England was more probable to welcome non-U.S. workers than other areas, and women were less open-minded than men. Of course, those with less safe jobs were more probable to condemn non-citizen recruiting systems. A majority was in support of allowing the government to force some type of political or quota limits on visa programs. And 61% considered that the H-1B program should not be extended under any conditions. (Grace, 17)

Telecommunications industry unions are condemning that the number of visas presently is higher than any justifiable level of scarcities of skillful workers; H-1B visa holders are frequently paid less than other workers doing comparable jobs; High-tech companies have pressed legislation to increase H-1B restrictions while they wrestled legal efforts to sustain fundamental labor law with respect to the use of permatemps; the telecommunications industry actions has happened even while more than 200,000 high-tech workers lost their jobs in 2001 and more in 2002 in the United States; and this industry actions seems to be an effort to reduce local wages, make higher earnings for corporations at the cost of local communities, to shatter available unions by using H-1B visa holders for the period of strikes, and to avert high-tech unions from appearing at all. (Vaas, 15)

On the other hand, the advocates of the H-1B program state that the drop shows that the program is functioning, is self-governing and is not being maltreated by employers. (Michael, 8) the advocates of H-1B program contend that in a global marketplace where skilled employees are in demand, nations will be compelled to fight for them. The U.S. would be unwise to give up its tactical benefit by improperly limiting the stream of skilled workers to this country. (Masters; Ruthizer, 10) the advocates of the program claim that American companies are using more visas owing to a rising domestic economy, stiff labor markets and an inclination towards globalization. (Merlyn, 8)

The U.S. economy has gained from the offerings of H-1B foreign-national professionals for nearly 50 years. These personnel are exceedingly qualified professional workers who have been certified to work for American employers on an impermanent basis, not to go beyond six years. When no appropriate person is accessible locally, the H-1B visa has permitted businesses to use…

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