Immigrant Worker Debate Remains a Hot Topic

by Terry Costlow

Job growth has been scant during the past several months, but that hasn’t quelled demand for H-1Bs and other immigrant workers. Corporations have hired nearly all the H-1Bs allowed since Congress reduced the visa cap last fall, prompting some concern that corporations will start calling again for the cap to be raised.

With the H-1B limit now set at 65,000 down from a high of 195,000 — there’s growing concern that companies that seek talent from other countries may misuse another visa, the L-1, to make up for the smaller H-1B pool. Current law permits corporations to hire L-1 immigrants only when the individuals have "specific knowledge" needed for a particular job. But L-1 legislation came under fire earlier this year, after some companies were accused of hiring immigrants to reduce wages —  rather than because the L-1 workers had knowledge that wasn’t available in the United States. Congress is discussing possible changes to the L-1 legislation to tighten limits on when companies can bring immigrants into the United States.

The refueled debate over immigration is somewhat surprising because debate in Congress was minimal before the H-1B visa cap dropped back to 65,000 after being raised to 195,000 near the end of the dot-com-led technology boom. Some think corporations may press Congress for another H-1B increase, raising the possibility that high-tech hiring could become an issue during the presidential campaigns. However, concern over job loss in the United States could push any serious debate off until 2005.

"As the cap has been approached, the business community has started clamoring for more visas, said Vin O’Neill, IEEE-USA senior legislative representative. "But as long as unemployment continues at high levels, some companies are reluctant to push for more H-1B visas."

Though the chance that companies will push to get the H-1B cap raised this year is slim, IEEE-USA and other groups stand ready to make their case. "We have a position statement on the issue; we have our grassroots personnel ready; we’ll encourage letter writing; and we’ll respond publicly," said Ron Hira, a public policy professor at the Rochester Institute of Technology and chair of IEEE-USA’s Careers and Workforce Committee.

Member Organizations Want Regulatory Change, Not Increased Caps

It’s likely we’ll see changes to the L-1 regulations this year, but not nearly as likely that Congress will increase the H-1B cap. Groups with individual members want Congress to sharpen language that sets limits and makes those limits enforceable with fines.

"We think there needs to be a statutory change regarding what ‘specific knowledge’ is," O’Neill said. "This requirement is currently being misused to justify issuing L-1 visas, when there is a significant supply of unemployed U.S. workers with the requisite skills."

But organizations that represent corporate interests want only the guidelines related to determining the limits on when companies can import offshore talent to be rewritten. The Information Technology Association of America (ITAA), an Arlington, Va. group that has been in the forefront of the immigration debate, believes "definitional clarity" is all that’s needed.

Further, ITAA President Harris Miller raised the concern that the entire L-1 program could be scuttled if congressional legislators begin debating the issue. "Killing the L-1 visa program will not make more jobs available for American technology workers; it will do just the opposite," Miller said. He contends that if U.S corporations can’t get skilled employees at the right wages, they will move the jobs offshore.

Election May Put Action on Back Burner

Those who support bills to tighten L-1 limits might have a greater obstacle to overcome than the ITAA. The November election typically keeps legislators busy with campaigns and bills that don’t have a lot of controversy. "We’re hopeful something will happen, but Politics 101 says it’s hard to get things done in an election year," Hira said.

IEEE-USA's Position

On 16 March, IEEE-USA released a position statement on Offshoring that recommends steps to ensure offshoring is equitable and beneficial for U.S. citizens, especially high-tech workeers. To read the statement in its entirety, to to: www.ieeeusa.org/forum/positions/offshoring.html.

 

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Terry Costlow has written about the electronics industry for more than 20 years, covering a wide range of technologies and topics.