Members of Congress, Business Leaders Contemplate H-1B Visa Reform

September 01, 2011

Increasing H-1B Visa Cap, Length of Stay May Improve Economy

Innovation is one of the keys to a strong economy. The way to ensure more innovation in the U.S., some argue, is to improve immigration for highly-skilled professionals.

This is the message that Congressman Darrell Issa (R-Calif.), Chairman of the House Oversight and Government Reform Committee, brought to a group of Silicon Valley executives during a hearing about how to improve the way the government processes visa applications. In particular, Congressman Issa called the H-1B visa system -- the nonimmigrant visa that allows specialty workers to temporarily stay in the United States for work purposes -- a "failed program," reported Politico.com.

The executives, including representatives from tech companies such as Google and Microsoft, agreed. Attendee Milo Medin, the Vice President for Access Services at Google, said "If we're serious about competition, the last thing we want to do is encourage people to come from all over the world [and attend] the best universities and then send them back."

What Medin was referring to is the fact that even if allowed to work in a highly specialized profession, H-1B visa holders are only allowed to stay in the United States for three years, unless the immigrant's company petitions an extension of up to an additional three years. Other complaints about the H-1B process include the amount of red tape that applicants must navigate to apply for the visa, and the relatively small number of H-1B visas available. Only 65,000 H-1B visas are issued by the government each fiscal year.

H-1B Visa Requirements

In order to qualify for an H-1B visa, applicants must work in a highly specialized profession, one that at minimum requires a bachelor's degree to be considered for a job. In addition, the job that visa holders find must have duties that require specialized knowledge that can only be gained from earning an undergraduate or graduate degree in a certain discipline.

If you are a highly skilled professional seeking work in the United States, it is important to contact an experienced immigration lawyer who can navigate the immigration process. Similarly, if you are seeking to employ a foreign specialist, meeting with an immigration attorney first to discuss your needs is essential.

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