• raise the cap on H-1bs to 195,000 in each of the next three years,
  (the cap would otherwise fall from 115,000 last year to 107,000 this year and 65,000 next year)
• Not count any H-1b petitions filed before September 1, 2000 against the 2001 H-1b cap.  This effectively increases the availability of H-1b visas for this fiscal year by another 20,000.
  
• reduce the impact of the per country quotas in employment cases that create long waits for Indian and Chinese nationals,
• Increase the number of immigrant employment based visas available.  Last year, there were approximately 142,000 employment based visas available.  This year there would have been about 175,000 available - but the new law provides for the  recapture employment visa numbers which were unused in 1999 and 2000.  This will increase the total number of employment based visas to about 310,000.
  
• allow applicants with pending or approved employment based preference petitions to remain in the U.S. beyond their six years of H-1b eligibility if their labor certifications or preference petitions were filed at least a year before.
• allow H-1b holders to start working in new jobs as soon as a petition is filed (this means you will not have to wait two to six months for new hires, and that your dissatisfied employees won't be hanging around recruiting your work force while waiting for new petitions to be approved)  This provision is effective for petitions pending as well as for new petitions
• Allow aliens who have adjustment of status applications which have been pending for more than 180 days to change jobs or employers, provided they are working in the same or a similar job classification as was approved on their labor certification.

For details, see the language of the bill as passed. 

• Previous legislative summary

Please Contact Your Representatives Now

Please ask your Senator to support S 2045 as it is currently proposed.  There will be other opportunities to provide legislation to ameliorate other problems.

Contact the Washington office of your Representative today.  (Put your zip code in the box below to find the phone numbers for your Representatives.)  

Tell them you support S 2045 because the current H-1b cap limitation is disruptive to your business, hinders your ability to expand employment and service your customers.

  Tell them that the discriminatory effect of the per country limitation is grossly unfair, and will create major disruptions in your business if you have to lose talented and trained Chinese and Indian engineers, software developers and other professionals.

Its important, its fair, and its good for business!

SENATE TO VOTE WEEK OF OCTOBER 3

S 2045 has cleared procedural hurdles and is now in a form likely to pass.  It is scheduled to be brought to the floor of the Senate for a vote on October 3d.  The majority leadership in the House has indicated that a "clean bill" will be rapidly disposed of in the House of Representatives.  

If the Senate passes  S 2045 next week, your help will be needed to push passage in the House of Representatives.

The American Immigration Lawyers Association, as well as many business groups are supporting a bill submitted by

An alternate bill has been submitted by Lamar Smith (R-TX).  The Smith bill will have a severe negative impact on the entire H-1b process.

Please let your Senators and Representatives hear from you now.  If you believe that increasing the availability of highly skilled and educated foreign nationals helps your company, helps the economy, and helps the nation, let them know now.  The anti-immigration forces are at work.  Your voice needs to be heard.

A sample letter appears below.  Feel free to use it - or write your own.  Please send me a copy, and let me know if our national organization can copy and use it to help advocate for our mutual goals.

To obtain the identify and address of both your senators and your representative, click below.

----------------------------------------------------------------------------------------------------

Sample Letter Supporting Increase in H-1b Cap

 

 

The Honorable (full name)
__ (Rm.#)__(name of) House Office Building
United States House of Representatives / Senate
Washington, DC 20515

Dear Representative:

We urge you to support H.R. 3983, introduced by Representatives David Dreier (R-CA) and Zoe Lofgren (D-CA) and a bi-partisan group of key House Members, which would help support our strong economy by increasing the limits on the H-1B temporary visa program, and oppose H.R. 3814, which would effectively kill this vitally needed provision of law.  The H-1B program allows American employers, such as INSERT NAME OF FIRM, to temporarily sponsor a limited number of foreign professionals in positions for which they have a demonstrated need.

While Congress in 1998 increased the number of H-1Bs visas in the program, that limit was reached by April in 1999 and was reached this year on March 21. We thus cannot use this government-regulated program to help keep INSERT NAME OF FIRM economically strong and competitive. If we are prevented from hiring essential people to fill critical positions, then (discuss consequences for your company). We should emphasize that the H1-B program is highly regulated, prohibits employers from abusing H-1B visa holders or undercutting U.S. workers, and generates jobs for Americans by allowing U.S. companies to expand, supporting our booming economy.

The Dreier-Lofgren bill would allow our company to continue to use this program to support our growth and competitiveness.  H.R. 3814, introduced by Chairman Lamar Smith, would only serve to make the program unusable.  H.R. 3814 would not even increase the number of available visas, since it’s supposed “increase” would not even cover the pending applications held over from last year.  Furthermore, H.R. 3814 would permanently change to the H-1B program in ways that would limit its usefulness and prevent small businesses and start-ups from even using the program.

We once again urge you to support the efforts of Representatives Dreier and Lofgren by co-sponsoring H.R. 3983. We also urge you to oppose H.R. 3418, which would gut the program and make it unusable.  Please support U.S. business by helping us to continue to sponsor needed foreign professionals.  Thank you.

Sincerely,

 

 

CC: (Representative's District Office)