November 22, 2004 12:01 PM PST

Bill adds 20,000 H-1B visas

Up to 20,000 more guest worker visas will be available annually to foreigners who earn advanced degrees in the United States, under a bill passed by Congress this weekend.

In a catch-all spending bill, Congress agreed to a number of changes to the controversial H-1B and L-1 visa programs. President Bush on Saturday said he plans to sign the legislation.

Among the visa program changes in the bill are a requirement that companies attest that an H-1B worker will not displace a U.S. worker and a $500 "antifraud" fee tied to visa applications. In addition, up to 20,000 foreigners who earn a master's degree or higher from a U.S. institution will not be counted toward the annual cap of 65,000 new H-1B visas.

Businesses have pushed for such a change. The government announced on Oct. 1, the first day of the 2005 federal fiscal year, that that year's limit had already been reached.

"Granting this exemption puts America first by giving U.S. employers access to this talent and giving U.S. taxpayers a bigger return on the tax dollars they invest every year in U.S. institutions of higher learning," Harris Miller, president of the Information Technology Association of America trade group, said in a statement Monday. "Foreign students make up 50 percent or more of attendance in many advanced math, science and engineering programs. Forcing foreign students to return home after earning their advanced degrees sends that public investment packing."

H-1B visas, which allow skilled foreign workers to work in the United States for up to six years, have frequently been used by technology companies. Exemptions to the cap already exist for institutions of higher education, nonprofit research groups and governmental research organizations. L-1 visas allow companies to temporarily bring in employees from other countries for managerial or executive work, or for work that entails specialized knowledge.

Both varieties of visas have been accused of hurting U.S. workers.

Technology worker advocates had hoped to prevent the passage of the H-1B exemption in the bill. On Friday, the U.S. wing of the Institute of Electrical and Electronics Engineers released a statement saying the number of unemployed U.S. high-tech professionals has shrunk this year, mirroring a drop in the H-1B visa cap.

Add a Comment (Log in or register) 17 comments
Job Stealing from Americans
by Crunchy Doodle November 22, 2004 2:33 PM PST
Yeah, it's that simple. For those companies who are willing, they can get cheap high-tech workers for way less than they'd pay any American. I've seen those ads for someone with a Masters who will work for what might be slightly above poverty wages. They will get no Americans answering the ad, but can get dozens of Asians or Europeans wanting to get into the USA who are willing to be indentured slaves. Then the company can say, "Hey, no American wants this job."

I'm just glad I work for an aerospace company that requires people with security clearances. For now, no H1-B could take my job. I'm waiting for the day when H1-B people can get a DOD clearance so I can retire.
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no of foreigners from US universities applying for H1 per year ?
by November 22, 2004 2:48 PM PST
Does anyone know how many foreigners with masters or higher degrees from US universities, apply for H1 B visa per year ? I am just trying to understand if exempting thses people really makes a difference for them (masters or higher degree holders) ?
Thanx.
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How much does a better bottom-line cost?
by stephenrgentry November 22, 2004 10:09 PM PST
This country has spent a immeasurable amount of money and blood to protect it from enemies within and without, but continues to kill its own working class because of single-minded, money-hungry, cut-throat corporations who intend to drive this economy to ruins all to save their bottom line. My computer programming job was outsourced to India 7/25/2003. My manager thought no more about me than, I quote, ?Buying a foreign car?. Over 400 applications later and I still can?t find suitable employment. How is the government going ?attest that an H-1B worker will not displace a U.S. worker?? The government has never cared how many Americans are losing their jobs to outsourcing. They don?t even know how many American jobs are being outsourced. We have to make a change.
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Is the problem at the University level?
by November 23, 2004 10:12 AM PST
The article states that "Foreign students make up 50 percent or more of attendance in many advanced math, science and engineering programs." Perhaps this is where the problem begins? I also agree that $500 is not much of a dis-incentive for most companies. And how in the world will companies be able to prove they are not displacing a US worker? This seems like MORE government regulation and paperwork.
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Fraud Report - H1B visa
by jmaximus9 August 5, 2005 8:50 PM PDT
In the story it says [http://"Among the visa program changes in the bill are a requirement that companies attest that an H-1B worker will not displace a U.S. worker and a $500 "antifraud" fee tied to visa applications."|http://"Among the visa program changes in the bill are a requirement that companies attest that an H-1B worker will not displace a U.S. worker and a $500 "antifraud" fee tied to visa applications."] this is really just paying lip service to pissed off IT workers who lost their jobs. There is a law against hiring illegal immigrants too, look how well they inforce that. They just put that in there for political gain, but have zero, zip, nada intentions on enforcing it. Bush and the republicrats are destroying the middle class and America.

http://jmaximus.blogspot.com
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