First, it is not at all clear that any legislation will be enacted before October 1, the start of the new fiscal year. In the meantime, the INS has at least given some good news by acknowledging that people in F and J nonimmigrant status can receive signing bonuses while waiting for their H-1B visas to come through. Second, any legislation is likely to include significant new requirements for filing and documenting H-1B visa petitions. The bill, which temporarily raises the cap on H-1B visas, addresses the critical workforce shortage American employers face, particularly for jobs requiring degrees in math, science and engineering. Three trends are at the crux of the problem.
Unemployment is at a record thirty-year low.
Demand for professionals with highly specialized skills has soared while the number of American students graduating from U.S. universities with degrees in math, science, engineering and other technical disciplines has declined. Finally, the way companies design, manufacture and market products and services around the globe demands international personnel mobility. Unfortunately, American employers are finding it increasingly difficult to locate and recruit professionals to meet current project demands. Failure to raise the cap to allow access to highly educated foreign professionals, many of whom were trained in U.S. universities, will result in lost sales, delayed projects and other setbacks that will threaten the technological preeminence of U.S. industry. The Dreier-Lofgren bill would provide immediate relief to employers.