H-1b Visa

Abstract

Introduction

The trending excuse for lack of IT jobs held by Americans are that students of the United States are no longer majoring in the field. For example, a testimony made by Crystal Neiswonger, an immigrations specialist, states that “since 1995 it has become increasingly difficult to find US candidates for positions requiring degrees in electrical, mechanical, industrial and software engineering. US colleges and universities lack American born students who choose these majors.” Because of the downturn there is a shortage of qualified IT specialists in the United States. Falling behind due to age and the inability to be innovative and keep up with the trends is a running second to explain lay offs.

The H-1B Visa Program

The H-1B Visa program was implemented in 1990 for United States employers to look abroad for technically savvy individuals when Americans could not be found. This issue has “become a charged political debate” (Watts, 143.). To touch lightly on its history, the H-1B program originated with the 1952 Immigration and Nationality Act. According to the 1952 Act, “an H-1 recipient is “an alien.” who is of distinguished merit and ability and who is coming temporarily to the Unites States to perform temporary services of an exceptional nature requiring such merit and ability.” By the 1970’s, the program was used heavily to bring foreign workers to the Unites States. Due to a flood of foreign workers, the program was revised with the Immigration Act of 1990, which placed a cap on the entry for the first time. This cap limited the visas to 65,000 a year and with a maximum of six years in the Unites States.

Through the American Competitiveness Workforce Improvement Act, IT companies were able to raise the cap to 115,00 in 1998. Although H-1B work is available in all professional fields, they are largely associated with information technology. “ In 2005, over 45% of newly-arriving H-1B workers were employed in the computer...