H-1B visa

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The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.

The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor[1] including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum[2] (with the exception of fashion models, who must be "of distinguished merit and ability").[3] Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Structure of the Program[edit]

Duration of stay[edit]

The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances

  • If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
  • If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.[4]
  • The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa. Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota. Under current law, H-1B visa has no stipulated grace period in the event the employer-employee relationship ceases to exist.

Congressional yearly numerical cap[edit]

The current law limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). Laws exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities, non-profit research facilities associated with universities or government research facilities.[5] This means that contractors working at, but not directly employed by the institutions may be exempt from the cap. Free Trade Agreements carve out 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. However, if these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries. Due to these unlimited exemptions and roll-overs, the number of H-1B visas issued each year is significantly more than the 65,000 cap, with 117,828 having been issued in FY2010, 129,552 in FY2011, and 135,991 in FY2012.[6] [7]

The United States Citizenship and Immigration Services starts accepting applications on the first business day of April for visas that count against the fiscal year starting in October. For instance, H-1B visa applications that count against the FY 2013 cap could be submitted starting from Monday, 2012 April 2. USCIS accepts H-1B visa applications no more than 6 months in advance of the requested start date.[8] Beneficiaries not subject to the annual cap are those who currently hold cap-subject H-1B status or have held cap-subject H-1B status at some point in the past six years.

Tax status of H-1B workers[edit]

The taxation of income for H-1B employees depends on whether they are categorized as either non-resident aliens or resident aliens for tax purposes. A non-resident alien for tax purposes is only taxed on income from the United States, while a resident alien for tax purposes is taxed on income from both inside and outside the United States.

The classification is determined based on the "substantial presence test": If the substantial presence test indicates that the H-1B visa holder is a resident, then income taxation is like any other U.S. person and may be filed using Form 1040 and the necessary schedules; otherwise, the visa-holder must file as a non-resident alien using tax form 1040NR or 1040NR-EZ; he or she may claim benefit from tax treaties if they exist between the United States and the visa holder's country of citizenship.

Persons in their first year in the U.S. may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This "First Year Choice" is described in IRS Publication 519 and can only be made once in a person's lifetime. A spouse, regardless of visa status, must include a valid Individual Taxpayer Identification Number (ITIN) or Social Security number (SSN) on a joint tax return with the H-1B holder.

Tax filing rules for H-1B holders may be complex, depending on the individual situation. Besides consulting a professional tax preparer knowledgeable about the rules for foreigners, the IRS Publication 519, U.S. Tax Guide for Aliens, may be consulted. Apart from state and federal taxes, H-1B visa holders pay Medicare and Social Security taxes, and are eligible for Social Security benefits.

H-1B and legal immigration[edit]

Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. In the past the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself. However, in recent times the legal employment-based immigration process has backlogged and retrogressed to the extent that it now takes many years for guest-work visa holders from certain countries to obtain green cards. Since the duration of the H-1B visa hasn't changed, this has meant that many more H-1B visa holders must renew their visas in one or three-year increments for continued legal status while their green card application is in process.

Dependents of H-1B visa holders[edit]

H-1B visa holders can bring immediate family members (spouse and children under 21) to the U.S. under the H4 Visa category as dependents. An H4 Visa holder may remain in the US as long as the H-1B visa holder retains legal status. An H4 visa holder is not eligible to work or get a Social Security number (SSN).[9] An H4 Visa holder may attend school, get a driver's license, and open a bank account in the U.S. To claim a dependent on a tax return or file a joint tax return, the dependent must obtain an Individual Tax Identification Number (ITIN), which is only used for tax filing purposes.

Administrative processing[edit]

When an H-1B worker goes outside of U.S. for vacation, he or she has to get the visa stamped on his passport unless he has already done so for re-entry in the United States. The interview is taken in U.S. Embassy by a visa officer. In some cases, H-1B workers can be required to undergo "administrative processing", involving extra, lengthy background checks. Under current rules, these checks are supposed to take ten days or less, but in some cases, have lasted years.[10]

Evolution of the program[edit]

Changes in the cap, number of applications received, and numbers of applications approved vs. visas issued[edit]

During the early 1990s, the cap was rarely reached. By the mid-1990s, however, the allocation tended fill each year on a first come, first served basis, resulting in frequent denials or delays of H-1Bs because the annual cap had been reached. In 1998, the cap increased to 115,000.

American Competitiveness in the Twenty-First Century Act of 2000 (Hatch-Abraham-Gramm; PL106-313 sections102 and 103; 114 Stat 1251; enacted 2000-10-03; signed by Bill Clinton 2000-10-17) granted government functionaries amnesty for over-shooting the H-1B limit by 22,500 in FY1999 and by about 30,000 in FY2000; temporarily increased H-1B "cap"/"limit" to 195K for FY2001 through FY2003; exempted all individuals being hired by institutions of higher education, as well as non-profit and government-research organizations, from the cap, and § 105, 114 Stat. 1253 permitted portability, i.e. employer/sponsor change.

The H-1B Visa Reform Act of 2004 mandated that, "...the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees will be exempt from any fiscal year cap..."[11] Additionally, universities, nonprofit research organizations affiliated with universities, and governmental research organizations are exempt from the H-1B cap. For all other new H-1B applicants, the congressionally mandated H-1B visa cap is 65,000 annually.[11][12]

For FY2007, with applications accepted from 2006 April 1, the entire quota of visas for the year was exhausted within a span of 2 months on May 26,[13] well before the beginning of the financial year concerned. The additional 20,000 Advanced Degree H-1B visas were exhausted on July 26.

For FY2008, the entire quota was exhausted before the end of the first day that applications were accepted, April 2.[14] Under USCIS rules, the 123,480 petitions received on April 2 and April 3 that were subject to the cap were pooled, and then 65,000 of these were selected at random for further processing.[15] The additional 20,000 Advanced Degree H-1B visas for FY2008 was exhausted on April 30.

For FY2009, USCIS announced on 2008 April 8, that the entire quota for visas for the year had been reached, for both 20,000 Advanced and the 65,000 quota. USCIS would complete initial data entry for all filing received during 2008 April 1 to April 7, before running the lottery, while 86,300 new visas were approved.[16]

For FY2010, USCIS announced on 2009 December 21, that enough petitions were received to reach that year's cap.[17]

For FY2011, USCIS announced on 2011 January 27, that enough petitions were received to reach that year's cap on January 26.

For FY2012, USCIS announced on 2011 November 23, that enough petitions were received to reach that year's quota on November 22.

For FY2013, USCIS announced on 2012 June 12, that enough petitions were received to reach the year cap on June 11.[18]

For FY2014, USCIS announced on 2013 April 5 that enough petitions were received to reach the year's quota by April 5, only a few days after starting for the year.[19]

For FY2015, USCIS announced on 2014 April 10 that received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption.[20]

Numbers of applications approved[edit]

The applications received are evaluated by USCIS, and some subset are approved each year. It is possible for an individual to file multiple applications, for multiple job opportunities with a single employer/sponsor or with multiple employer/sposors. It is possible for an individual applicant to have multiple applications approved and to be able to choose which one to take.

In its annual report on H-1B visas, released in 2006 November, USCIS stated that it approved 130,497 H-1B visa applications in FY2004 (while 138,965 new visas were issued through consular offices) and 116,927 in FY2005 (while 124,099 new visas were issued via consular offices).[11][21][22][23][24][24][25][26]

In FY2008, a total of 276,252 visa applications (109,335 initial, 166,917 renewals and extensions) were approved, and 130,183 new initial visas were issued through consular offices.

In FY2009, 214,271 visas were approved (86,300 new initial visas, and 127,971 renewed and extended)[27] and 110,988 initial H-1B visas were issued from consular offices.[28]

In FY2010, 76,627 new visas were approved, and 117,828 new visas were issued through consular offices

In FY2011, 106,445 new visas were approved, while 129,552 new visas were issued through consular offices.[29]

In FY2012, 136,890 new applications were approved, 125,679 applications for renewal/extension were approved for a total of 262,569 approved, and 135,991 new/initial visas were issued through consular offices.[11][21]

[22] [23] [24] [25] [26] [30] [30] [31] [32]

American Competitiveness in the Twenty-First Century Act of 2000[edit]

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the U.S. Department of Labor's PERM system for labor certification erased most of the earlier claimed arguments for H-1Bs as indentured servants during the green card process. With PERM, labor certification processing time is now approximately 9 months (as of Mar 2010).[33]

Because of AC21, the H-1B employee is free to change jobs if they have an I-485 application pending for six months and an approved I-140, and if the position they move to is substantially comparable to their current position. In some cases, if those labor certifications are withdrawn and replaced with PERM applications, processing times improve, but the person also loses their favorable priority date. In those cases, employers' incentive to attempt to lock in H-1B employees to a job by offering a green card is reduced, because the employer bears the high legal costs and fees associated with labor certification and I-140 processing, but the H-1B employee is still free to change jobs.

However, many people are ineligible to file I-485 at the current time due to the widespread retrogression in priority dates. Thus, they may well still be stuck with their sponsoring employer for many years. There are also many old labor certification cases pending under pre-PERM rules.

Consolidated Natural Resources Act of 2008[edit]

The Consolidated Natural Resources Act of 2008, which, among other issues, federalizes immigration in the Commonwealth of the Northern Mariana Islands, stipulates that during a transition period, numerical limitations do not apply to otherwise qualified workers in the H visa category in the CNMI and Guam.[34]

American Recovery and Reinvestment Act of 2009[edit]

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (“stimulus bill”), Public Law 111-5.[35] Section 1661 of the ARRA incorporates the Employ American Workers Act (“EAWA”) by Senators Sanders (I-Vt.) and Grassley (R-Iowa) to limit certain banks and other financial institutions from hiring H-1B workers unless they had offered positions to equally or better-qualified US workers, and to prevent banks from hiring H-1B workers in occupations they had laid off US workers from. These restrictions include:

  1. The employer must, prior to filing the H-1B petition, take good-faith steps to recruit US workers for the position for which the H-1B worker is sought, offering a wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any US worker who applies who is equally or better qualified for the position.
  2. The employer must not have laid off, and will not lay off, any US worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.[36]

Changes in USCIS policy[edit]

After completing a policy review, the USCIS clarified that individuals who spent more than one year outside of U.S. and did not exhaust their entire six-year term can choose to be re-admitted for the “remainder” of initial six-year period without being subject to the H-1B cap.[37]

After completing a policy review, the USCIS clarified that, "Any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens."[37]

USCIS recently issued a memorandum dated 8 Jan 2010. The memorandum effectively states that there must be a clear "employee employer relationship" between the petitioner (employer) and the beneficiary (prospective visa holder). It simply outlines what the employer must do to be considered in compliance as well as putting forth the documentation requirements to back up the employer's assertion that a valid relationship exists.

The memorandum gives three clear examples of what is considered a valid "employee employer relationship":

  • a fashion model
  • a computer software engineer working off-site/on-site
  • a company or a contractor which is working on a co-production product in collaboration with DOD

In the case of the software engineer, the petitioner (employer) must agree to do (some of) the following among others:

  • Supervise the beneficiary on and off-site
  • Maintain such supervision through calls, reports, or visits
  • Have a "right" to control the work on a day-to-day basis if such control is required
  • Provide tools for the job
  • Hire, pay, and have the ability to fire the beneficiary
  • Evaluate work products and perform progress/performance reviews
  • Claim them for tax purposes
  • Provide (some type of) employee benefits
  • Use "proprietary information" to perform work
  • Produce an end product related to the business
  • Have an "ability to" control the manner and means in which the worker accomplishes tasks

It further states that "common law is flexible" in how to weigh these factors. Though this memorandum cites legal cases and provides examples, such a memorandum in itself is not law and future memoranda could change this.

Some argue that this has effectively "killed the job-shop industry."[citation needed] While clear that, as of 2012, it takes longer to reach the H-1B visa numerical cap, it is not clear whether this is a result of simple political pressure to put the program on hold, or a result of the decreased economic growth.[original research?]

Protections for U.S. workers[edit]

Labor Condition Application[edit]

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of US workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "prevailing wage" in the area of employment. ("Immigration law has a number of highly technical terms that may not mean the same thing to the average reader." [38] last updated 2011 March 31, visited 2012 November 5) The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace US citizen workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer's office.[39][40] Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.

History of the Labor Condition Application form[edit]

The LCA must be filed electronically using Form ETA 9035E.[41] Over the years, the complexity of the form increased from one page in 1997[42] to three pages in 2008,[43] to five pages as of August 2012.[44]

Employer attestations[edit]

By signing the LCA, the employer attests that: [45]

  • The employer pays H-1B non-immigrants the same wage level paid to all other individuals with similar experience and qualifications for that specific employment, or the prevailing wage for the occupation in the area of employment, whichever is higher.
  • The employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.
  • On the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, the employer must notify ETA within three days, and the application is not used to support petition filings with INS for H-1B non-immigrants to work in the same occupation at the place of employment until ETA determines the strike or lockout is over.
  • A copy of this application has been, or will be, provided to each H-1B non-immigrant employed pursuant to this application, and, as of the application date, notice of this application has been provided to workers employed in the occupation in which H-1B non-immigrants will be employed:
    • Notice of this filing has been provided to bargaining representative of workers in the occupation in which H-1B non-immigrants will be employed; or
    • There is no such bargaining representative; therefore, a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B non-immigrants will be employed.

The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.

The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a US worker.

Limits on employment[edit]

According to the USCIS, "H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee."[46]

H-1B fees earmarked for U.S. worker education and training[edit]

In 2007, the US Department of Labor, Employment and Training Administration (ETA), reported on two programs, the High Growth Training Initiative and Workforce Innovation Regional Economic Development (WIRED), which have received or will receive $284 million and $260 million, respectively, from H-1B training fees to educate and train US workers.[citation needed] According to the Seattle Times $1 billion from H1-B fees have been distributed by the Labor Department to further train US workforce since 2001. [47]

Criticisms of the program[edit]

The H-1B program has caused a number of criticisms.

No labor shortages[edit]

Paul Donnelly, in a 2002 article in Computerworld, cited Milton Friedman as stating that the H-1B program acts as a subsidy for corporations.[48] Others holding this view include Dr. Norman Matloff, who testified to the US House Judiciary Committee Subcommittee on Immigration on the H-1B subject. Matloff's paper for the University of Michigan Journal of Law Reform claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous.[49] The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness.[50] The GAO report's recommendations were subsequently implemented.

High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting various exemptions passed. The American Immigration Lawyers Association (AILA), described the situation as a crisis, and the situation was reported on by the Wall Street Journal, BusinessWeek and Washington Post. Employers applied pressure on Congress.[51] Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on Capitol Hill, "warning of dangers to the U.S. economy if employers can't import skilled workers to fill job gaps".[51] Congress considered a bill to address the claims of shortfall[52] but in the end did not revise the program.[53]

According to a study conducted by John Miano and the Center for Immigration Studies, there is no empirical data to support a claim of employee worker shortage.[54] Citing studies from Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry.[55] Organizations have also posted hundreds of first hand accounts of H-1B Visa Harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.[56]

Studies carried out from the 1990s through 2011 by researchers from Columbia U, Computing Research Association (CRA), Duke U, Georgetown U, Harvard U, National Research Council of the NAS, RAND Corporation, Rochester Institute of Technology, Rutgers U, Alfred P. Sloan Foundation, Stanford U, SUNY Buffalo, UC Davis, UPenn Wharton School, Urban Institute, and US Dept. of Education Office of Education Research & Improvement have reported that the USA has been producing sufficient numbers of able and willing STEM (Science, Technology, Engineering and Mathematics) workers, while several studies from Hal Salzman, B. Lindsay Lowell, Daniel Kuehn, Michael Teitelbaum and others have concluded that the USA has been employing only 30% to 50% of its newly degreed able and willing STEM workers to work in STEM fields. A 2012 IEEE announcement of a conference on STEM education funding and job markets stated "only about half of those with under-graduate STEM degrees actually work in the STEM-related fields after college, and after 10 years, only some 8% still do".[57]

Wage depression[edit]

Wage depression is a chronic complaint critics have about the H-1B program: some studies have found that H-1B workers are paid significantly less than U.S. workers.[58][59] It is claimed[60][61][62][63][64][64] that the H-1B program is primarily used as a source of cheap labor. A paper by Harvard Professor George J. Borjas for the National Bureau of Economic Research found that "a 10 percent immigration-induced increase in the supply of doctorates lowers the wage of competing workers by about 3 to 4 percent."[65]

The LCA included in the H-1B petition is supposed to ensure that H-1B workers are paid the prevailing wage in the labor market, or the employer's actual average wage (whichever is higher), but evidence exists that some employers do not abide by these provisions and avoid paying the actual prevailing wage despite stiff penalties for abusers.[66]

Theoretically, the LCA process appears to offer protection to both US and H-1B workers. However, according to the US General Accounting Office, enforcement limitations and procedural problems render these protections ineffective.[67] Ultimately, the employer, not the Department of Labor, determines what sources determine the prevailing wage for an offered position, and it may choose among a variety of competing surveys, including its own wage surveys, provided that such surveys follow certain defined rules and regulations.

The law specifically restricts the Department of Labor's approval process of LCAs to checking for "completeness and obvious inaccuracies".[68] In FY 2005, only about 800 LCAs were rejected out of over 300,000 submitted. Hire Americans First has posted several hundred first hand accounts of individuals negatively impacted by the program, many of whom are willing to speak with the media.[56]

DOL has split the prevailing wage into four levels, with Level One representing about the 17th percentile of wage average Americans earn. About 80 percent of LCAs are filed at this 17th percentile level[citation needed]. This four-level prevailing wage can be obtained from the DOL website,[69] and is generally far lower than average wages[citation needed].

The "prevailing wage" stipulation is allegedly vague and thus easy to manipulate[citation needed], resulting in employers underpaying visa workers. According to Ron Hira, assistant professor of public policy at the Rochester Institute of Technology, the median wage in 2005 for new H-1B information technology (IT) was just $50,000, which is even lower than starting wages for IT graduates with a B.S. degree. The US government OES office's data indicates that 90 percent of H-1B IT wages were below the median US wage for the same occupation.[70]

In 2002, the US government began an investigation into Sun Microsystems' hiring practices after an ex-employee, Guy Santiglia, filed complaints with the U.S. Department of Justice and U.S. Department of Labor alleging that the Santa Clara firm discriminates against American citizens in favor of foreign workers on H-1B visas. Santiglia accused the company of bias against US citizens when it laid off 3,900 workers in late 2001 and at the same time applied for thousands of visas. In 2002, about 5 percent of Sun's 39,000 employees had temporary work visas, he said.[71] In 2005, it was decided that Sun violated only minor requirements and that neither of these violations was substantial or willful. Thus, the judge only ordered Sun to change its posting practices.[72]

Risks for employees[edit]

Historically, H-1B holders have sometimes been described as indentured servants,[73] and while the comparison is no longer as compelling, it had more validity prior to the passage of American Competitiveness in the Twenty-First Century Act of 2000. Although immigration generally requires short- and long-term visitors to disavow any ambition to seek the green card (permanent residency), H-1B visa holders are an important exception, in that the H-1B is legally acknowledged as a possible step towards a green card under what is called the doctrine of dual intent.

H-1B visa holders may be sponsored for their green cards by their employers through an Application for Alien Labor Certification, filed with the U.S. Department of Labor.[citation needed] In the past, the sponsorship process has taken several years, and for much of that time the H-1B visa holder was unable to change jobs without losing their place in line for the green card. This created an element of enforced loyalty to an employer by an H-1B visa holder. Critics[who?] alleged that employers benefit from this enforced loyalty because it reduced the risk that the H-1B employee might leave the job and go work for a competitor, and that it put citizen workers at a disadvantage in the job market, since the employer has less assurance that the citizen will stay at the job for an extended period of time, especially if the work conditions are tough, wages are lower or the work is difficult or complex. It has been argued that this makes the H-1B program extremely attractive to employers, and that labor legislation in this regard has been influenced by corporations seeking and benefiting from such advantages.[citation needed]

Some recent news reports suggest that the recession that started in 2008 will exacerbate the H-1B visa situation, both for supporters of the program and for those who oppose it.[74] The process to obtain the green card has become so long that during these recession years it has not been unusual that sponsoring companies fail and disappear, thus forcing the H-1B employee to find another sponsor, and lose their place in line for the green card. An H-1B employee could be just one month from obtaining their green card, but if the employee is laid off, he or she may have to leave the country, or go to the end of the line and start over the process to get the green card, and wait as much as 10 more years, depending on the nationality and visa category.[75]

The American Competitiveness in the Twenty-First Century Act of 2000 provides some relief for people waiting for a long time for a green card, by allowing H-1B extensions past the normal 6 years, as well as by making it easier to change the sponsoring employer.

The Out-Sourcing/Off-Shoring Visa[edit]

Further information: IT Body Shops

In his floor statement on H-1B Visa Reform, Senator Dick Durbin stated "The H-1B job visa lasts for 3 years and can be renewed for 3 years. What happens to those workers after that? Well, they could stay. It is possible. But these new companies have a much better idea for making money. They send the engineers to America to fill spots--and get money to do it--and then after the 3 to 6 years, they bring them back to work for the companies that are competing with American companies. They call it their outsourcing visa. They are sending their talented engineers to learn how Americans do business and then bring them back and compete with those American companies."[76] Critics of H-1B use for outsourcing have also noted that more H-1B visas are granted to companies headquartered in India than companies headquartered in the United States.[77]

Of all Computer Systems Analysts and programmers on H-1B visas in the US, 74 percent were from Asia. This large scale migration of Asian IT professionals to the United States has been cited as a central cause for the quick emergence of the offshore outsourcing industry.[78]

In FY 2009, due to the worldwide recession, applications for H-1B visas by off-shore out-sourcing firms were significantly lower than in previous years,[79] yet 110,367 H-1B visas were issued, and 117,409 were issued in FY2010.

Social Security and Medicare taxes[edit]

H-1B employees have to pay Social Security and Medicare taxes as part of their payroll. Like US citizens, they are eligible to receive Social Security benefits even if they leave the United States, provided they have paid Social Security benefits for at least 10 years. Further, the US has bilateral agreements with several countries to ensure that the time paid into the US Social Security system, even if it is less than 10 years, is taken into account in the foreign country's comparable system and vice versa.[80]

Departure Requirement on Job Loss[edit]

If an employer lays off an H-1B worker, the employer is required to pay for the laid-off worker's transportation outside the United States.

If an H-1B worker is laid off for any reason, the H-1B program technically does not specify a time allowance or grace period to round up one's affairs irrespective of how long the H-1B worker might have lived in the United States. To round up one's affairs, filing an application to change to another non-immigrant status may therefore become a necessity.

If an H-1B worker is laid off and attempts to find a new H-1B employer to file a petition for him, the individual is considered out of status if there is even a one-day gap between the last day of employment and the date that the new H-1B petition is filed. While some attorneys claim that there is a grace period of 30 days, 60 days, or sometimes 10 days, that is not true according to the law. In practice, USCIS has accepted H-1B transfer applications even with a gap in employment up to 60 days, but that is by no means guaranteed.

Some of the confusion regarding the alleged grace period arose because there is a 10-day grace period for an H-1B worker to depart the United States at the end of his authorized period of stay (does not apply for laid-off workers). This grace period only applies if the worker works until the H-1B expiration date listed on his I-797 approval notice, or I-94 card. 8 CFR 214.2(h)(13)(i)(A).

Fraud prevention[edit]

The United States Citizenship and Immigration Services "H-1B Benefit Fraud & Compliance Assessment" of September 2008 concluded 21% of H-1B visas granted originate from fraudulent applications or applications with technical violations.[81] Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, errors, omissions, and failures to comply that are not within the fraud definition were included in the 21% rate. Subsequently, USCIS has made procedural changes to reduce the number of fraud and technical violations on H-1B applications.

In 2009, federal authorities busted a nationwide H-1B Visa Scam.[82]

Similar programs[edit]

In addition to H-1B visas, there are a variety of other visa categories that allow foreign workers to come into the U.S. to work for some period of time.

L-1 visas are issued to foreign employees of a corporation. Under recent rules, the foreign worker must have worked for the corporation for at least one year in the preceding three years prior to getting the visa. An L-1B visa is appropriate for non-immigrant workers who are being temporarily transferred to the United States based on their specialized knowledge of the company's techniques and methodologies. An L-1A visa is for managers or executives who either manage people or an essential function of the company. There is no requirement to pay prevailing wages for the L-1 visa holders. For Canadian residents, a special L visa category is available.

TN-1 visas are part of the North American Free Trade Agreement (NAFTA), and are issued to Canadian and Mexican citizens.[83] TN visas are only available to workers who fall into one of a pre-set list of occupations determined by the NAFTA treaty. There are specific eligibility requirements for the TN Visa.

E-3 visas are issued to citizens of Australia under the Australia free-trade treaty.

H-1B1 visas are a sub-set of H-1B issued to residents of Chile and Singapore under the United States-Chile Free Trade Agreement of 2003; PL108-77 § 402(a)(2)(B), 117 Stat. 909, 940; S1416, HR2738; passed in House 2003-07-24 and the United States-Singapore Free Trade Agreement of 2003; PL108-78 § 402(2), 117 Stat. 948, 970-971; S1417, HR2739; passed in House 2003-07-24, passed in senate 2003-07-31, signed by executive (GWBush) 2003-05-06. According to USCIS, unused H-1B1 visas are added into the next year's H-1B base quota of 58,200.

One recent trend in work visas is that various countries attempt to get special preference for their nationals as part of treaty negotiations. Another trend is for changes in immigration law to be embedded in large Authorization or Omnibus bills to avoid the controversy that might accompany a separate vote.

H-2B visa: The H-2B non-immigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status.

H-1B demographics[edit]

H-1B Applications Approved[edit]

H-1B Applications Approved by USCIS [11] [21] [22] [23] [24] [25] [26] [30] [32]
Year Initial Renewals+Extensions Total
1999 134,411 na na
2000 136,787 120,853 257,640
2001 201,079 130,127 331,206
2002 103,584 93,953 197,537
2003 105,314 112,026 217,340
2004 130,497 156,921 287,418
2005 116,927 150,204 267,131
2006 109,614 161,367 270,981
2007 120,031 161,413 281,444
2008 109,335 166,917 276,252
2009 86,300 127,971 214,271
2010 76,627 116,363 192,990
2011 106,445 163,208 269,653
2012 136,890 125,679 262,569
H-1B Applications Approved by USCIS for those with less than the equivalent of a US bachelor's degree [11] [21] [22] [23] [24] [25] [26] [30] [32]
Year No HS Diploma Only HS Diploma Less Than 1 year of College 1+ years of College Equivalent of Associate's Total Less Than Equivalent of US Bachelor's
2000 554 288 158 1,290 696 2,986
2001 247 895 284 1,376 1,181 3,983
2002 169 806 189 849 642 2,655
2003 148 822 122 623 534 2,249
2004 123 690 137 421 432 1,803
2005 107 440 77 358 363 1,345
2006 96 392 54 195 177 914
2007 72 374 42 210 215 913
2008 80 174 19 175 195 643
2009 108 190 33 236 262 829
2010 140 201 24 213 161 739
2011 373 500 44 255 170 1,342
2012 108 220 35 259 174 796

H-1B Visas Issued[edit]

new/initial H-1B visas issued by State Department through consular offices
Year H-1B H-1B1 Total
1990 794 na 794
1991 51,882 na 51,882
1992 44,290 na 44,290
1993 35,818 na 35,818
1994 42,843 na 42,843
1995 51,832 na 51,832
1996 58,327 na 58,327
1997 80,547 na 80,547
1998 91,360 na 91,360
1999 116,513 na 116,513
2000 133,290 na 133,290
2001 161,643 na 161,643
2002 118,352 na 118,352
2003 107,196 na 107,196
2004 138,965 72 139,037
2005 124,099 275 124,374
2006 135,421 440 135,861
2007 154,053 639 154,692
2008 129,464 719 130,183
2009 110,367 621 110,988
2010 117,409 419 117,828
2011 129,134 418 129,552
2012 135,530 461 135,991
2013 153,223 571 153,794

[6] [6]

[7] [7]

[84] [85]

[86] [87]

[88] [89]

[90] [91]

[92] [93]

[94] [94]

[95] [95]

[96]

Top H-1B rankings[edit]

Companies receiving H-1Bs[97][98][99]
2013 Rank Company Headquarters Primary Employment Base Received 2006[100] Approved 2007 new [101] Approved 2008 new [102] Approved 2009 new [103] Approved 2010 new [104] Approved 2011 new [105] Approved 2012 new [106] Approved 2013 new [107]
1 Infosys Bangalore, Karnataka, India India 4,908 4,559 4,559 440 3,792 3,962 5,600 6,298
2 Tata Consultancy Services Mumbai, Maharashtra, India India 3,046 797 1,539 1,740 7,469 6,258
3 Cognizant Teaneck, New Jersey[108] USA 2,226 962 467 233 3,388 4,222 9,281 5,186
4 Accenture Inc Bahamas, Bahamas USA 637 331 731 287 506 1,347 4,037 3,346
5 Wipro Bangalore, Karnataka, India India 4,002 2,567 2,678 1,964 1,521 2,736 4,304 2,644
6 HCL Technologies Ltd Noida, Uttar Pradesh, India India 910 102 1,033 2,070 1,766
7 IBM Armonk, New York USA 1,324 199 381 865 882 853 1,846 1,624
8 Mahindra Satyam Hyderabad, Andhra Pradesh, India India 2,880 1,396 1,917 219 224 1,963 1,589
9 Larsen & Toubro Infotech Mumbai, Maharashtra, India India 947 292 403 602 333 1,204 1,832 1,580
10 Deloitte New York City, New York US 1,555 525 413 563 196 1,668 1,491
11 IGATE (merged with Patni) Bridgewater, NJ & Bengaluru, India India 1,391 477 296 609 164 1,260 1,157
12 Microsoft Redmond, Washington US 3,117 959 1,037 1,318 1,618 947 1,497 1,048
13 Syntel Troy, Michigan 416 130 129 1,161 1,041
14 Qualcomm San Diego, California US 533 158 255 320 909
15 Amazon Seattle, Washington US 262 81 182 881
16 Intel Corporation Santa Clara, California US 828 369 351 723 772
17 Google Mountain View, California US 328 248 207 211 172 383 753
18 Mphasis Bangalore, Karnataka, India India 751 248 251 229 197 556
19 Capgemini Paris, France 309 99 500
20 Oracle Corporation Redwood Shores, California US 1,022 113 168 272 475
21 UST Global Aliso Viejo, California USA 339 416 344 475
22 PricewaterhouseCoopers London, United Kingdom 591 192 449
23 Cisco Systems San Jose, California US 828 324 422 308 379
24 Ernst & Young LLP London, United Kingdom UK 774 302 321 481 373
Top 10 universities and schools receiving H-1Bs[97][98][100]
School H-1Bs Received 2006
New York City Public Schools 642
University of Michigan 437
University of Illinois at Chicago 434
University of Pennsylvania 432
Johns Hopkins University School of Medicine 432
University of Maryland 404
Columbia University 355
Yale University 316
Harvard University 308
Stanford University 279
Washington University in St. Louis 278
University of Pittsburgh 275

See also[edit]

Notes[edit]

  1. ^ 8 U.S.C. 1184(i)(1)(A)
  2. ^ 8 U.S.C. 1184(i)(1)(B)
  3. ^ 8 U.S.C. 1101(a)(15)(H)(i)
  4. ^ American Competitiveness in the Twenty-First Century Act of 2000
  5. ^ American Competitiveness in the 21st Century Act, Pub. L.No.106-313, 114 Stat.1251, 2000 S. 2045; Pub. L. No. 106-311, 114 Stat. 1247 (2000 Oct 17), 2000 HR5362; 146 Cong. Rec. H9004-06 (2000 October 5)
  6. ^ a b c FY2011
  7. ^ a b c FY2012
  8. ^ "H-1B Fiscal Year (FY) 2013 Cap Season". USCIS. Archived from the original on 2011-08-18. Retrieved 2012-05-28. "H-1B petitions can be filed no more than six months in advance of the requested start date. Therefore, petitions seeking an FY2010 H-1B Cap number with an 2009 Oct. 1 start date can be filed no sooner than 2009 April 1." 
  9. ^ http://www.ssa.gov/pubs/10096.html#4
  10. ^ Alden, Edward (10 April 2011). "America’s ‘National Suicide’". Newsweek. Retrieved 5 July 2011. 
  11. ^ a b c d e f U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2004
  12. ^ "USCIS TO IMPLEMENT H-1B VISA REFORM ACT OF 2004". USCIS. 9 December 2004. Retrieved 18 June 2014. 
  13. ^ 2007 H-1B visa limit already reached
  14. ^ USCIS REACHES FY2008 H-1B CAP
  15. ^ USCIS Runs Random Selection Process For H-1B, USCIS, 2007 April 13
  16. ^ USCIS Reaches FY 2009 H-1B Cap
  17. ^ USCIS FY 2010 H-1B Cap Count
  18. ^ USCIS FY 2013 H-1B Cap Count
  19. ^ USCIS FY2014 H-1B Cap Count
  20. ^ [1]
  21. ^ a b c d U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2005
  22. ^ a b c d U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2006
  23. ^ a b c d U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2007
  24. ^ a b c d e U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2008
  25. ^ a b c d U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2010
  26. ^ a b c d U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2011
  27. ^ U.S. Citizenship and Immigration Services Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2009
  28. ^ "Table XVI(B) Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards) Fiscal Years 2006-2010". Report of the Visa Office 2010 Table of Contents. travel.state.gov. Retrieved 2011-10-03. 
  29. ^ USCIS FY 2011 H-1B Cap Count
  30. ^ a b c d U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2012
  31. ^ USCIS FY 2012 H-1B Cap Count
  32. ^ a b c U.S. Citizenship and Immigration Services, Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2009
  33. ^ Changes to the H-1B and L-1 Visa Application Fees, August 12, 2010
  34. ^ Consolidated Natural Resources Act of 2008
  35. ^ uscis.gov
  36. ^ FAQ on affect of stimulus legislation on H-1B program, cglawaffiliates.x2cms.com/blog.
  37. ^ a b USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006
  38. ^ "glossary". USCIS. 
  39. ^ Overview : H-1B Visas for Temporary Professional Workers, The Law Office of Sheela Murthy, P.C., 2003-09-19, archived from the original on 2010-08-13, retrieved 2010-08-13 
  40. ^ H-1B Visa, Workpermit.com, archived from the original on 2010-08-13, retrieved 2010-08-13 
  41. ^ "Important Foreign Labor Certification H-1B Information". 
  42. ^ "Labor Condition Application for H-1B Nonimmigrants". United States Department of Labor. Nov 30, 1997. Archived from the original on Aug 23, 2012. 
  43. ^ "Labor Condition Application for Nonimmigrant Workers, Form ETA 9035". United States Department of Labor. Nov 30, 2008. Archived from the original on Aug 23, 2012. 
  44. ^ "Labor Condition Application for Nonimmigrant Workers ETA Form 9035 & 9035E". United States Department of Labor. Archived from the original on Aug 23, 2012. 
  45. ^ "Labor Condition Application for H-1B Nonimmigrants". United States Department of Labor. 
  46. ^ "Nonimmigrant-Based Employment". 27 Jun 2012. 
  47. ^ Bhatt, Sanjay (July 18, 2012). "Seattle ranks high in skilled foreign workers on H-1B visas". The Seattle Times. 
  48. ^ H-1B Is Just Another Gov't. Subsidy
  49. ^ ON THE NEED FOR REFORM OF THE H-1B NON-IMMIGRANT WORK VISA IN COMPUTER-RELATED OCCUPATIONS
  50. ^ GAO Report on H-1B Foreign Workers
  51. ^ a b Wall Street Journal, March, 2007
  52. ^ S.1092: Hi-Tech Worker Relief Act of 2007. United States Congress via American Immigration Lawyers Association.
  53. ^ S.1092: Hi-Tech Worker Relief Act of 2007. Thomas.gov. United States Library of Congress. Retrieved 2008-06-12.
  54. ^ John Miano (June 2008). "H-1B Visa Numbers: No Relationship to Economic Need". Center for Immigration Studies. Retrieved 04/07/2010. 
  55. ^ Numbers USA (2010). "There Is No Tech Worker Shortage". Numbers USA. Retrieved 04/07/2010. 
  56. ^ a b "H-1B Visa Harm Report". Hire Americans First. 2010. Retrieved 04/07/2010. 
  57. ^ STEM education in the USA
  58. ^ Low Salaries for Low Skills: Wages and Skill Levels for H-1B Computer Workers, 2005 John M. Miano
  59. ^ The Bottom of the Pay Scale: Wages for H-1B Computer Programmers John M. Miano
  60. ^ Programmers Guild (2001). "How to Underpay H-1B Workers". Programmers Guild. Retrieved 04/02/2010. 
  61. ^ NumbersUSA (2010). "Numbers USA". NumbersUSA. Retrieved 04/02/2010. 
  62. ^ "H-1B Visa Ban for Bailed-out US Firms is Irrational: Montek". Outlook. February 18, 2009. Retrieved 04/02/2010. 
  63. ^ Ron Hira (Jan 12, 2008). "No, The Tech Skills Shortage Doesn't Exist". Information Week. Retrieved 04/02/2010. 
  64. ^ a b B. Lindsay Lowell, Georgetown University (October 2007). "Into the Eye of the Storm: Assessing the Evidence on Science and Engineering, Education, Quality, and Workforce Demand". The Urban Institute. Retrieved 04/02/2010. 
  65. ^ http://www.nber.org/papers/w12085
  66. ^ "H-1B Prevailing Wage Enforcement On The Rise – Millions In Back Wages And Fines Ordered", millerjohnson.com.
  67. ^ United States General Accounting Office, H-1B Foreign Workers: Better Controls Needed to Help Employers and Protect Workers
  68. ^ 8 USC 1182 (n)
  69. ^ DOL Foreign Labor Certification Online Wage Library
  70. ^ Alice LaPlante (July 14, 2007). "To H-1B Or Not To H-1B?". InformationWeek. Retrieved 04/02/2010. 
  71. ^ Sun Accused of Worker Discrimination, San Francisco chronicle, June 25, 2002, online text
  72. ^ Santiglia v. Sun Microsystems, Inc., ARB No. 03-076, ALJ No. 2003-LCA-2 (ARB July 29, 2005)
  73. ^ Grow, Brian (June 6, 2003). "Skilled Workers – or Indentured Servants?". BusinessWeek. 
  74. ^ "Foreign tech workers touchy subject in U.S. downturn". Reuters. February 19, 2009. 
  75. ^ US Department of State visa bulletin
  76. ^ http://web.archive.org/web/20110108195825/http://durbin.senate.gov/showRelease.cfm?releaseId=280890
  77. ^ http://www.computerworld.com/s/article/9142152/List_of_H_1B_visa_employers_for_2009
  78. ^ Yeoh et al., 'State/Nation/transnation: Perspectives on Transnationalism in the Asia-Pacific', Routledge, 2004, ISBN 978-0-415-30279-1, page 167
  79. ^ '25% H-1B visas still left!', Times of India, 2009 Oct 2.
  80. ^ Social Security Administration: International Agreements
  81. ^ http://www.uscis.gov/USCIS/Resources/Reports/uscis-annual-report-2008.pdf
  82. ^ Roy Mark (13 Feb 2009). "Feds Bust Nationwide H-1B Visa Scam". eWeek. Retrieved 04/07/2010. 
  83. ^ Mexican and Canadian NAFTA Professional Worker
  84. ^ U.S. State Department Statistics
  85. ^ FY2004-2008
  86. ^ FY2006 table16A
  87. ^ FY2006 table16B
  88. ^ FY2007 table16A
  89. ^ FY2007 table16B
  90. ^ FY2008 table16A
  91. ^ FY2008 table16B
  92. ^ FY2009 table16A
  93. ^ FY2009 table16B
  94. ^ a b FY2010 table16A
  95. ^ a b FY2010 table16B
  96. ^ [2]
  97. ^ a b Marianne Kolbasuk McGee (May 17, 2007). "Who Gets H-1B Visas? Check Out This List". InformationWeek. Retrieved 06/02/2007. 
  98. ^ a b Peter Elstrom (June 7, 2007). "Immigration: Google Makes Its Case". BusinessWeek. Retrieved 04/02/2010. 
  99. ^ Jacob Sapochnick, Patrick Thibodeau (2009). "List of H-1B visa employers for 2009". ComputerWorld, BusinessWeek. Retrieved 04/07/2010. 
  100. ^ a b Peter Elstrom (June 7, 2007). "Immigration: Who Gets Temp Work Visas?". BusinessWeek. Retrieved 04/02/2010. 
  101. ^ ComputerWorld, USCIS 2007
  102. ^ ComputerWorld, USCIS 2008
  103. ^ ComputerWorld, USCIS 2009
  104. ^ ComputerWorld, USCIS 2010
  105. ^ ComputerWorld, USCIS 2011
  106. ^ ComputerWorld, USCIS 2012
  107. ^ ComputerWorld, USCIS 2013
  108. ^ "Cognizant Technology Solutions : Contacts". Retrieved 2007-07-05. 

References[edit]

  1. United States Citizenship and Immigration Service, "Characteristics of Specialty Occupation Workers (H-1B)", for FY 2004 and FY 2005, November 2006.
  2. "Microsoft Cuts 5,000 Jobs as Recession Curbs Growth (Update5)", Bloomberg, 22 Jan 2009 (Microsoft Lays off 5,000 even as they use 3,117 visas in 2006.)
  3. Bill Gates, Chairman of Microsoft, Testimony to the U.S. Senate Committee Health, Education, Labor, and Pensions. Hearing "Strengthening American Competitiveness for the 21st Century". March 7, 2007
  4. Business Week, Immigration: Google Makes Its Case, 7 Jun 2007.
  5. Business Week, Who Gets Temp Work Visas? 7 Jun 2007 (Top 200 H-1B Visa Users Chart)
  6. Business Week, Immigration Fight: Tech vs. Tech, 25 May 2007.
  7. Business Week, Crackdown on Indian Outsourcing Firms, 15 May 2007.
  8. Dr. Norman Matloff, Debunking the Myth of a Desperate Software Labor Shortage, Testimony to the U.S. House Judiciary Committee, April 1998, updated December 2002
  9. Programmers Guild, PERM Fake Job Ads defraud Americans to secure green cards, Immigration attorneys from Cohen & Grigsby explains how they assist employers in running classified ads with the goal of NOT finding any qualified applicants.
  10. Lou Dobbs: Cook County Resolution against H-1b
  11. PRWeb, The Programmers Guild Calls on Congress to include U.S. Worker Protections in the Pending SKIL Bill H-1b Visa Legislation
  12. CNN, Lou Dobbs, Programmers Guild Interview & Transcript, August 26, 2005
  13. Congressional Record: ILLEGAL ALIENS TAKING AMERICAN JOBS, June 18, 2003 (House)
  14. Center for Immigration Studies, Backgrounder: The bottom of the pay scale, Wages for H-1B Computer Programmer's, John Milano, 2005.
  15. U.S. Government Accountability Office (GAO), Report, EXPORT CONTROLS: Department of Commerce Controls over Transfers of Technology to Foreign Nationals Need Improvement
  16. Attestation Requirements of an H-1B Dependent Employer

External links for H-1B information[edit]

Other links[edit]