Healthcare Blog

In prior years we have seen more than twice as many H-1B cases accepted as slots were available. These numbers provide compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers salaries. That argument just doesn’t jibe with what is actually happening.

If H-1B visa labor was being used primarily to lower US workers salaries, the H-1B filing numbers wouldn’t be impacted to any meaningful degree. Why? Because the incentive to reduce workers’ salaries is likely greater in a recessed economy, not less. This logic is straightforward and convincing.

Yet, this year we’ve seen a dramatic downtick in H-1B visas filed in industries like Information Technology and Finance. Meanwhile industries with continued staffing shortages, such as healthcare and teaching, continued to file H-1B Petitions. If the H-1B program was being used to lower salaries, why aren’t the IT and financial industries continuing to file H-1B petitions? Are these industries not interested in cutting costs?

In point of fact, the H-1B program is largely used to supplement worker supply shortages and attract the international superstars to the US. This isn’t to say that there aren’t the occasional bad actors who abuse the system. But the relative paucity of H-1B enforcement actions calls into serious question that there is any large-scale fraud inherent in the system. Particularly noteworthy is the complete lack of any arrests or prosecutions in the wake of a well-publicized September 2008 DHS report on H-1B Benefit Fraud.

Critics of the H-1B system fail to acknowledge just how well the system actually works. In robust times, the H-1B system allows growing companies to attract more workers from overseas when they can’t fill those jobs with US workers. In down times, when jobs are few, the market does what it is supposed to do and fewer H-1B job offers are made.

If Congress really wants to reform the H-1B process, it ought to eliminate the arbitrary quota and just let the market sort out the numbers question. Congress also ought to give non-bachelor degree occupations with well-documented staffing shortages, such as nursing, access to the H-1B program.

-Chris Musillo

On April 9, the USCIS announced that it had received 42,000 cases, which means that they are only receiving 1,000 cap-subject cases per week. At this rate it could be 5-6 months before the H-1B cap is reached.

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.

The USCIS Cap Count page should update the cap numbers, although it doesn’t look like USCIS has started to update the page as of yet.

Although the EB3 dates are Unavailable, I-140 petitions may still be filed by companies who wish to petition for Immigrant Workers. The only way for a Beneficiary to get his or her spot in the queue is to have an I-140 filed on their behalf.

With the continued retrogression, the international staffing and recruiting industry is disappearing. Nurse and other allied healthcare workers from around the world are crossing the United States off their list of desired countries. The one hope is that Congress, when presented with legislation to allow international recruiting to be part of the solution, acts on that opportunity.

May 2009 VB:
EB1 – all Current
EB2 – all Current, except India (15Feb04) and China (15Feb05)
EB3 – all Unavailable

When the USCIS declares that the H-1B visa cap is met, all cases receipted on the last day will be subject to a random lottery. Until the USCIS declares that the H-1B visa cap has been met, cap-subject H-1B cases may continue to be filed.

Similarly the H-1B Masters cap has also not been reached.

The H-1B is one of the more controversial visas in the US immigration scheme. US technology workers often complain that the visa is abused by unscrupulous employers. While there are certainly instances where abuse occurs, neither the USCIS nor the DOL bring many cases against employers, which could lead one to conclude that the complaints are overstated.

Congresswoman Zoe Lofgren is the Chairwoman of the Subcommittee on Citizenship, Refugees, Immigration, and Border Security, and as is the case with one who holds this position, the nation’s most important voice on immigration. In today’s San Jose Mercury News, Rep. Lofgren speaks on the state of the H-1B visa.

“Even in this grim economy, there are some jobs in which we don’t have enough people — for example, we still have a nursing shortage,” said Rep. Zoe Lofgren. Rep. Lofgren doesn’t note that very few RN positions qualify for H-1B visas.

Rep. Lofgren’s long-standing goal has been to push a comprehensive immigration bill that attempts to solve many of the US’ immigration problems. She doesn’t think that piecemeal legislation is the best way to legislate on the issue.

The problem with this approach is, of course, that the nursing shortage is here today. For three years niche occupations and employers who have lobbied Congress have been told to wait for Comprehensive Immigration Reform. By the time that Congress is able to get around to passing a comprehensive immigration policy, my hunch is that the legislation will solve last decade’s problem, not the problem that the country needs solving at that date.

Ms. Lofgren should recognize that the needs are today’s problems, not tomorrow’s. She also ought to recognize that there is little likelihood for comprehensive immigration reform; there are too many interested agendas and tempers run too hot when immigration is discussed. The American public needs healthcare workers and this fact calls for targeted niche immigration reform. Holding out for CIR is a fools’ game.