More H-1B visas could be OK'd
Proposal to raise the cap on guest workers draws arguments from all sides
12:00 AM CST on Sunday, December 18, 2005
By MARY JACOBS / Special Contributor to The Dallas Morning News
Congress may give technology employers a gift this Christmas: an additional 30,000 H-1B visas, which allow U.S. companies to hire skilled foreign nationals as guest workers.
IRWIN THOMPSON/DMN
Diane Collier says the IT job market is tough already: 'It's hard for me to imagine that we can't find people here.' The proposal, part of the Senate Judiciary Committee's submission for budget reconciliation, would raise the current cap of 65,000 visas to 95,000 in fiscal 2006.
Advocates say the measure boosts American companies' ability to compete. Opponents say it gives away jobs that should go to U.S. workers and ultimately sends experienced talent back to competing businesses in other countries.
Meanwhile, some detractors say H-1Bs are being abused – that companies aren't paying prevailing wages to foreign workers, as the law requires.
Technology trade groups including the Information Technology Association of America and Information Technology Council Inc. had pushed for an even higher cap.
Many companies argue that they're vital.
"To remain globally competitive and to continue to create jobs, Texas Instruments needs to have access to hire these individuals graduating from U.S. programs," TI government relations official Amy Burke said in a statement. She added that TI is "very small user" of the program, with H-1Bs representing fewer than 3.5 percent of its U.S. workforce.
Proponents point out that about 50 percent of post-graduate degrees – particularly in math, science and engineering – are awarded to foreign nationals. The figure is 67 percent for those earning doctorates from Texas engineering programs, according to a 2004 American Association of Engineering Societies study.
Compete America, a Washington association whose mission is to ensure a competitive U.S. workforce, supports the immigration of highly trained professionals.
"It is counterproductive for the U.S. to train foreign scientists and engineers and then send them home to compete against American businesses," the association said in a news release.
But that's exactly why H-1Bs are a bad idea, according to the Institute for Electrical and Electronics Engineers (IEEE-USA).
For job openings that truly can't be filled with U.S. employees, IEEE-USA advocates "green cards, not guest workers."
Spokesman Chris McManes points out that temporary employees get inside knowledge of U.S. firms, then take it back to competitors in their home countries when the H-1B visa expires, usually after six years.
He cited Department of Labor statistics showing a decline of 221,000 employed U.S. tech workers in six major computer and engineering job classifications from 2000 to 2004.
"When you look at the fact that there are fewer jobs in engineering every year, and yet we're bringing in almost 100,000 guest workers – those numbers don't add up," said Jean Eason, a Fort Worth electrical engineer who chairs IEEE-USA's Employment and Career Services Committee.
Diane Collier of Arlington, who has been looking for an IT project manager job for several months, says the job market is already difficult enough.
"The competition is pretty tough right now," she said. "It's hard for me to imagine that we can't find people here."
About 20,000 foreign workers aren't counted against that cap, thanks to a bill passed last year and spearheaded by U.S. Rep. Lamar Smith, R-San Antonio.
That bill exempts foreign workers with master's or doctorate degrees earned in U.S. colleges and universities.
Detractors say that firms are looking for cheap labor – pointing to a recent InfoWorld study that accuses companies of paying less than what the law requires to H-1B holders.
The story, "The H-1B Swindle," reported that wages on applications for H-1B workers in computer occupations averaged about $13,000 less than for Americans in the same occupation and state.
Supporters of the increase in H-1B visas counter with a study by Dr. Paul Harrington at Northeastern University, which found parity in pay between H-1B and U.S.-born workers.
They add that H-1B visas will generate fees that benefit U.S. workers – some $1,500 of each visa application fee will be used for a U.S. worker-training program.
The proposal, if passed, "will give U.S. businesses more ability to compete ... and provide new revenue for training U.S. workers," Jack Krumholtz, Microsoft Corp.'s managing director for federal government affairs, said in a statement.
The proposed cap would apply to fiscal 2006, which began Oct. 1. The provision is part of the budget bill because it also proposes raising fees on H-1B visas, which are paid by employers. The fees, which currently run $3,185, would increase by $500.
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