H-1B Cap

The Immigration and Naturalization Service announced that the
65,000-a-year limit on H-1B visas was reached in May 1998; no
employer applications (attestations) will be accepted for
additional H-1B foreign professionals until October 1998,
unless Congress raises the ceiling. Foreign professionals
can remain employed in the US for six years with an H-1B visa.

On May 18, the US Senate approved, on a 78 to 20 vote, S. 1723,
the American Competitiveness Act of 1998.  It raises the ceiling
on the number of H-1B visas issued in any year from 65,000 to
95,000 in FY98, and then to 115,000 a year through 2002.  The
Senate rejected the inclusion of additional protections for
US workers, which are included in the House bill.

Rep. Lamar Smith (R-TX) introduced legislation that would raise
the number of H-1B visas available to 95,000 in FY98, 105,000 in
FY99 and 115,000 in FY2000.  The measure, HR 3756, was passed by
the House Judiciary Committee 23 to 4 and is awaiting action by
the full House of Representatives.  Also approved was an
amendment proposed by the American Physical Therapy Association
that would reduce from 7,500 to 5,000 the number of
foreign-trained health care workers allowed to enter the US each
year under the H-1B visa program.

Smith's bill includes provisions favored by the Clinton
administration to
(1) require US employers to first try to recruit US workers and
(2) require US employers hiring H-1B workers to certify that they
did not lay off US workers to open jobs for the H-1B foreigners.
Under current rules, a US employer is permitted to lay off a US
worker and replace her with an H-1B foreigner.  The Information
Technology Association of America opposes additional worker
protections, saying they would "hamstring" employers.  About 80
percent of the applications received for H-1B workers are for
jobs paying $50,000 a year or less.

A San Francisco Chronicle analysis of hiring in 33 leading
Silicon Valley firms found that Blacks and Hispanics are
underrepresented in high-tech companies.  Blacks make up eight
percent and Latinos 14 percent of the area's labor force, but are
four and seven percent of the labor force at the 33 firms.
Asians, who are 21 percent of local workers, are 28 percent of
the work forces of the 33 firms.

According to the analysis,
(1) many Blacks and Hispanics do not have the education needed to
    be hired;
(2) discrimination is rampant and affirmative action laws are not
    enforced;
(3) many firms do not recruit at schools with large numbers of
    Blacks and Hispanics; and
(4) there are few high-ranking Blacks and Hispanics, and thus few
    anchors for the networks through which most hiring is done.
    At Sun Microsystems, a manager said that "about 60 percent of
    our jobs are filled by referrals by employees."

The INS published proposed H regulations on June 4, 1998 in order
to make H-1B rules most realistic.  The proposed rules provide
(1) that LCAs can be filed after an H-1B petition is submitted;
(2) that certain employers would be relieved of their obligation
to provide detailed itineries of their traveling employees; and
(3) ease the requirements for amended petitions.

To access the proposed rules, see
http://www.shusterman.com/hreg6498.html


*I (site owner) have no affiliation with Mr. Shusterman.
 The information he provides is outstanding in my opinion.

 The INS (aka the "Service") is habitually helping the masters (aka employers)
 on the account of the peons (aka H-1B workers).