More articles about the Skil Bill
More articles about the Skil Bill
Date: Thursday, May 11, 2006 12:38 PM
<<<<< JOB DESTRUCTION NEWSLETTER No. 1474 >>>>>
Lots of articles are being written about the new Skil bill. Most mainstream
media support it - that's no surprise. The title from IndiaTimes, "New hope
for H-1B visa aspirants" explains how Asians feel about the Skil bill.
CompeteAmerica is up to their mischief again - they placed an idiotorial in
the Economist that gives no indication who the real authors are.
IEEE announced that they will oppose the Skil Bill because of its huge
increase in the H-1B cap. Unfortunately they praised the F-4 and Green Card
provisions. IEEE is doing the right thing but for the wrong reasons because
F-4 is at least as bad as H-1B.
Washtech has a free fax you can send to your senators to protest the Skil
bill. Go to their website for to send the fax.
Articles Used for this Newsletter
http://www.todaysengineer.org/2006/May/immigration.asp
IEEE-USA Responds to Senate Immigration Bill
http://www.statesman.com/news/content/news/stories/local/05/8greencard.html
Legal immigrants mobilize to lobby Congress
http://www.competeamerica.org/editorials/20060506_brains.htmlor
http://www.economist.com/opinion/displayStory.cfm?story_id=6882647
Brains and Borders; Immigration to the United States
http://www.washtech.org/news/legislative/display.php?ID_Content=5054
New Senate Bill Raises H-1B Caps, Sponsor Has Strong Ties to Indian Lobby
http://www.blonnet.com/2006/05/08/stories/2006050802750200.htm
New Bill to change H-1B visa regime in Senate
http://www.asianjournal.com/?c=163&a=12713&sid=efc2852f29e9609e4ca9c622d95f9072
Features of New 'SKIL' Bill in Senate
http://economictimes.indiatimes.com/articleshow/1518536.cms
New hope for H-1B visa aspirants
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.todaysengineer.org/2006/May/immigration.asp
May 2006
IEEE-USA Responds to Senate Immigration Bill
By Russell Harrison
Congress is embroiled in debate over immigration reform, with a spate of
bills currently under consideration. Central to this debate is Sen. Arlen
Specter's (R-Pa.) bill (S. 2454). Because Sen. Specter is Chair of the
Senate Judiciary Committee, which exercises jurisdiction over immigration
issues, his bill is the most likely to be acted upon.
Specters bill is primarily concerned with illegal, low-skill
immigration. In addition to a number of provisions designed to improve
enforcement of existing immigration laws, the Specter Bill includes an
"earned legalization" provision. Championed by President Bush, this program
would allow people who are in the United States illegally, but who have a
job and no criminal record, to achieve legal status.
IEEE-USA does not have a formal position on any of these major and
well-publicized provisions. The association generally does not take
positions on public-policy initiatives that do not uniquely affect
engineers.
S. 2454 does include a number of less-publicized provisions that will
affect engineers and on which IEEE-USA has taken positions, such as the
creation of a new F-4 visa; expanding the existing EB-1 and EB-2 visas; and
expanding the H-1B visa program.
F visas enable foreign students to study at American colleges and
universities. The new F-4 visa will be available to students who receive a
Masters or Ph.D. from an American college or university in science,
engineering, math, technology or related fields. The F visa allows these
students to become permanent residents with green cards, once they find a
job.
EB visas are permanent residency visas (green cards) for highly-skilled
foreign workers, including engineers. Specters bill would remove the cap
on these visas for professionals with Masters and Ph.D.s from American
schools in science, math, engineering, or technology.
The most controversial of Sen. Specters proposals is expanding the H-1B
visa program. Currently capped at 85,000 annually, Specter would raise this
cap to 135,000. He also introduced a "market-based" cap adjustment, whereby
whenever the current year's cap is reached, the following year the cap
would automatically increase 20 percent. However, the bill doesn't include
any provision for a downward adjustment when the cap is not reached.
IEEE-USA has taken a strong stand against this change to the H-1B program,
and has been a leading voice in Washington for reforming the H-1B visa
program. In a letter to the Senate, and in testimony before the House,
IEEE-USA has reminded Congress about the numerous flaws in the program,
especially the long list of government reports that have described the need
for reforms. Specific problems with the H-1B visa include:
lack of any enforceable requirements that companies try to hire American
workers before turning to the visas
lack of an effective requirement that H-1B workers be paid the prevailing
American wage for their work
the absence of any enforcement authority that would allow the Department of
Labor to police the program
IEEE-USA also has two larger conceptual problems with the program. First,
temporary visas do nothing to improve the skill base of the American
economy. H-1B visas are used to bring talented people into this country to
work for up to six years - but do not let them stay or help them become
citizens. When the H-1B visa expires, workers must leave the United States,
taking their training and experience with them - unless they have been able
to secure some other visa status.
The second broad problem with the H-1B visa program is who controls the
visas? Companies, not individuals, apply for and receive permission to use
the visas. Once companies receive the visas, they find people to use them.
But control of the visas remains in the hands of the company, not the
workers using them. Because companies can withdraw the visas from any
employee at any time, for any reason, exposing them to deportation, H-1B
workers have little leverage with respect to decent wages or working
conditions. Such employer control unnecessarily exposes H-1B workers to
exploitation.
IEEE-USA has expressed support for the new F-4 and expanded EB visas as
reasonable alternatives for proposed H-1B increases contained the Specter
bill.. Because these visas offer permanent residency for skilled foreign
workers, they avoid many of the pitfalls that have plagued the H-1B
program. Permanent immigration visas allow talented non-American workers to
become a permanent part of our economy, strengthening the nation's
competitiveness.
IEEE-USA thinks expanded F-4 and EB programs would be beneficial to the
American engineering profession in the long-run, but the organization does
not believe that those benefits would outweigh the harms of an expanded
H-1B program. For this reason, IEEE-USA opposes the Specter Bill.
Engineers who are concerned about H-1B visas or the Specter Bill should
contact their legislators to express their opinions. IEEE members can use
the IEEE-USA Legislative Action Center to
send e-mails to Congress.
Q.
How does IEEE-USA decide what its position will be on technology-related
public policy issues?
A.
The process starts with IEEE-USAs technology policy committees. Each
year, IEEE-USA's president appoints volunteers to run these seven
committees, which include members appointed by IEEE technical societies,
and at-large members with expertise in the subject area. All U.S. IEEE
members (Regions 1-6) are entitled to participate on these committees.
While the number of formal seats is limited, each committee may have an
unlimited number of "corresponding" members, who can fully participate in
committee deliberations, but lack a formal vote.
The technology policy committees draft formal position statements
explaining the positions IEEE-USA has taken. These statements include
background on an issue and a detailed explanation of why the committee has
chosen to endorse a particular policy.
Once position statements are approved by the committees, they are reviewed
by the IEEE-USA Technology Policy Council, which is chaired by IEEE-USA's
Vice President for Technology Policy Activities. If approved, they are then
presented to IEEE-USA's Operating Committee for endorsement, then to the
IEEE-USA Board of Directors for final approval. Prior to final approval,
IEEE-USA seeks the comments of the IEEE Presidents, who have the option of
referring the position to the IEEE Board of Directors for review. After all
approvals and reviews are completed, IEEE-USA can publicly promote the
position.
All IEEE-USA position statements and policy committees can be found at
www.ieeeusa.org.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.statesman.com/news/content/news/stories/local/05/8greencard.html
Legal immigrants mobilize to lobby Congress
They want green cards issued faster for highly skilled engineers and
scientists.
By Steven Kreytak
AMERICAN-STATESMAN STAFF
Monday, May 08, 2006
Nilesh Khare loves his job as an Austin software engineer, but his wife,
Ashwini, says the Indian couple may soon give up on its American dream.
The Khares and their young children are in the United States on Nilesh's
employer-sponsored H1B visa for highly skilled workers, which allows them
to stay in the country temporarily. In 2002, he applied for an
employment-based green card so they could become permanent U.S. residents.
But government backlogs and quotas have left the Khares, both 33, waiting
with about 500,000 others for employer-based green card approval. Without
green cards, the immigrants can't change jobs or get promoted. And their
spouses usually can't work - a major frustration for Ashwini Khare, who is
an environmental engineer but is in the country as a dependent of her
husband.
Driven by their frustration with what they call a broken American legal
immigration system, the Khares, who live in Northwest Austin, are among
thousands of highly skilled, legal immigrants across the country who have
banded together to ask Congress to shorten the estimated six- to nine-year
wait for a green card.
Earlier this year, some of the workers, most of whom hold H1B work visas or
corresponding visas for dependents, founded the nonprofit Immigration
Voice, which now counts more than 3,000 members, most of them immigrants
from India. The group has raised more than $100,000 to spread its message
and has hired a Washington lobbying firm to take it to members of Congress
- a different approach from the large street protests staged by illegal
immigrants and their supporters in recent months.
Ashwini Khare says that if the green card backlog is not alleviated soon,
her family and others may return home or to other countries whose
immigration systems are stream- lined.
"Every year it's been one more year and one more year, and six years have
passed," she said. "I just cannot sit at home forever."
It's the U.S. economy, which experts say doesn't produce enough math,
engineering and science graduates to meet employers' needs, that will
suffer if people like the Khares leave, say advocates for the highly
skilled set, including Sen. John Cornyn, R-Texas.
"There's simply a lack of people with the skills necessary for these
high-end, high-wage jobs," Cornyn said. "The way we are going to maintain
or improve our level of prosperity for the next generation and beyond is
being the innovators."
Cornyn last week filed a bill that aims to alleviate the wait for green
cards by raising the annual cap on employment-based green cards from
140,000 to 290,000.With more people issued green cards annually, the wait
for one would get shorter, the immigrants think.
The Securing Knowledge, Innovation and Leadership bill would also free up
some green cards by not counting certain immigrants against the annual cap:
those with advanced degrees from U.S. universities, workers of
"extraordinary ability," and outstanding researchers and professors,
according to a summary of Cornyn's legislation.About 80,000 foreign
students are now in the United States, Cornyn estimates. They also need an
employer to sponsor them to qualify for permanent residency.
Cornyn's proposal and two other measures with similar provisions in the
Senate also call for an increase in the number of H1Bs issued annually.
Under Cornyn's plan, the cap would increase from 65,000 to 115,000.
After Cornyn's legislation was filed, U.S. Semiconductor Industry
Association President George Scalise praised it as a way to "address our
critical shortage of scientists and engineers."
The legal immigrants in the nation's green card queue want to distance
themselves from the debate about how to treat the estimated 12 million
illegal immigrants in the country, which has dominated headlines and debate
on Capitol Hill, said Pratik Dakwala, a San Jose, Calif.-based business
consultant from India waiting for a green card.
He wants Americans to know that "we also have people who have come through
legal channels. They are stuck. Nothing is being done for them," said
Dakwala, a member of the core group of volunteers at Immigration Voice.
The group began as a loose collection of legal immigrants at employers
across the country who would vent their frustrations on the Web site of a
New York immigration lawyer; they sometimes refer to themselves online as
"H1Bs."
In December, a proposal aimed at shortening the wait for a green card was
dropped from legislation by a House-Senate conference committee, even after
the immigrants had showered members of Congress with e-mails and faxes
supporting it.
That disappointment led them to found Immigration Voice.
The Khares know their skills are needed and want to stay in Austin, drawn
by the schools that encourage freedom and creativity in their children and
by Nilesh's job. (He declined to disclose the name of his employer for fear
of retribution.)
The family has followed the rules, paid taxes and contributed to local
charities and now wants security - to buy a house and contribute to a
401(k).
And Ashwini Khare can't wait to start working.
"It's amazing," she said. "I really do not have any more patience now."
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.competeamerica.org/editorials/20060506_brains.htmlor
http://www.economist.com/opinion/displayStory.cfm?story_id=6882647
Brains and Borders; Immigration to the United States
Editorial
The Economist
May 6, 2006
America is damaging itself by making it too difficult for talented people
to enter the country
The dominant images in America's immigration debate are now well
established: illegal immigrants marching in the streets of Los Angeles or
Chicago; angry congressmen demanding that the United States regain control
of its borders. It is to be hoped that America will find a fair way to
legalize the status of the masses who have risked so much to get there (see
page 51). But the understandable focus on poor migrants has obscured the
fate of richer "knowledge workers". Computer programmers may seem less
deserving of pity, but how America treats these people could be even more
important to its economy than its attitude to illegal immigrants.
America's high-tech industries have been powered to a remarkable degree by
people born outside the country. According to one calculation, 3,000 of the
technology firms created in Silicon Valley since the 1980s -- more than 30%
of the total -- were founded by entrepreneurs with Indian or Chinese roots.
The science and engineering departments of America's leading universities
have drawn the brightest graduate students from around the world. A great
many have stayed and created wealth for themselves and the country they
chose to settle in.
But fears about national security and concerns about economic insecurity
mean that America is in danger of cutting off this vital flow of talent. In
2001 it authorized 200,000 H-1B visas for highly skilled workers. By 2004
that figure had shrunk to only 65,000. At the American consulate in Chennai
in India, the wait just to get a visa interview is more than 160 days. In a
recent letter to Congress, Bill Gates warned that the lack of visas and
"green cards" for skilled workers was threatening American competitiveness
"as other countries benefit from the international talent that US employers
cannot hire or retain." What he did not add is that big American employers
can escape the long wait for visas. After all, Microsoft has four big
research centers and only one of them is in the United States -- the others
are in Bangalore, Beijing and Cambridge, England.
The situation is so clearly perilous to the American economy that Congress
seems likely to do something about it, if and when it finally passes an
immigration bill. But the likeliest remedy -- increasing the number of
visas and green cards for skilled workers -- does not go far enough.
Ultimately, the United States should move towards a regime in which any
person offered a legitimate job by an American employer is allowed to take
it up. Even if fears about competition from low-wage labor make that
politically impossible, there is still a strong case for accepting skilled
immigrants with offers of work.
Other parts of the world are already acting. The Australians, Canadians and
Swiss have been successful in attracting foreign talent (see chart), by
adopting a points-based immigration system which favors the highly skilled.
The 25 countries of the European Union have been less successful, but some
are trying to catch up. The need to lure in skilled East Europeans helped
persuade four more EU members this week to embrace the free movement of
labor. Even in sluggish France there is a controversial plan for a
selective system (see page 47).
To cast the debate in terms of threats and competition is partly to miss
the point. America's top universities and high-tech industries are a magnet
for the world's talent -- and the whole world has benefited from the
results. It is in everyone's interests that America gets its immigration
policy right.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.washtech.org/news/legislative/display.php?ID_Content=5054
May 5, 2006
WashTech News
New Senate Bill Raises H-1B Caps, Sponsor Has Strong Ties to Indian Lobby
WashTech News
Washington D.C. The high-tech industry called in a chit on Republican U.S.
Senators this week by getting them to introduce a new stand-alone Senate
bill expanding the number of H-1B visa workers allowed into the country
from 65,000 to more than 115,000. The bill also creates a mechanism that
employers could go beyond the cap by 20% based upon need. The high-tech
industry, led by Microsoft, has made expanding the H-1B visa program its
number one political priority in Washington D.C.
The prime sponsor of the bill, Sen. John Cornyn of Texas, has strong ties
to the Indian lobby.
In 2004, WashTech news broke the story that almost a dozen members of
Congress went on an all expense paid trip to India courtesy of the Indian
tech lobby. The only Senator that went on the trip was John Cornyn, where
he spent six days at a cost of $13,818 according to his Travel Disclosure
form. In a speech to business leaders, on the trip, he said that
outsourcing was inevitable and that U.S. companies save costs, which makes
them more competitive. Cornyn is not up for re-election this year, but has
garnered more than $145,000 in campaign contributions from the computer
industry according to the Center for Responsive Politics website since
2000.
Other proposals to increase the H-1b visa cap have been attached to the
controversial immigration reform bill that has been mired down in the
Senate. Immigration reform legislation passed in the House has sparked
unprecedented protests across the nation by immigrants and their advocates,
which has effectively stalled the passage of a Senate bill.
The other sponsors of the bill are Senators George Allen (R, VA), Wayne
Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott
(R-MS). Allen and Lott are the only two sponsors that are up for election
in 2006. However, all of the sponsors have received sizable contributions
from the high-tech industry.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.blonnet.com/2006/05/08/stories/2006050802750200.htm
Date:08/05/2006 URL:
New Bill to change H-1B visa regime in Senate
Our Bureau
US industry bodies welcome legislation draft aimed at retaining talent
New Delhi , May 7
In a move that is bound to bring cheer to Indian IT companies, a new Bill
to reform H-1B visa and Employment Based (EB visa) green card processes,
has been introduced in the US Senate.
The SKIL (Securing Knowledge Innovation and Leadership) Bill which was
introduced recently by Senator Mr John Cornyn proposes exemptions for US
educated foreign workers with advanced degrees in math, science, technology
and engineering fields from the H-1B and EB quotas so that their talent
could be retained in the US.
Other provisions include creation of a flexible, market-based H-1B cap;
extension of foreign students' post-curricular optional practical training
from 12 months to 24 months to allow them to go more easily from student to
green card; and exemptions for EB/green card immigrant spouses and children
from the annual cap.
The new Bills are being welcomed by the US trade associations and IT
industry. Commenting on the introduction of the Bill, Compete America - a
coalition of over 200 corporations, universities, research institutions and
trade associations said the proposed legislation was an indicator that both
US Senate and the Bush Administration were prepared to fix the visa system
for highly educated foreign nationals.
According to Semiconductor Industry Association (SIA) - whose member
companies comprise over 85 per cent of US semiconductor industry, "The
provisions in Senator Cornyn's `SKIL bill,' as well as provisions in the
two versions of comprehensive immigration reform, address our critical
shortage of scientists and engineers. The Congress must quickly pass
legislation to keep foreign-born, US educated talent working for US
companies."
The SKIL Bill contains many of the provisions for reform of H-1B visa and
EB/green card systems that are already present in the two versions of
immigration reforms introduced earlier by Senate Majority Leader, Mr Bill
Frist and Senate Judiciary Committee Chairman, Mr Arlen Specter. Last
month, an agreement on the immigration reforms had eluded the Senate, which
had almost reached a breakthrough-of-sorts by drafting a compromise plan.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.asianjournal.com/?c=163&a=12713&sid=efc2852f29e9609e4ca9c622d95f9072
May 10th, 2006
Features of New 'SKIL' Bill in Senate
Atty. Crispin Lozano
THE "SKIL" Bill (Securing Knowledge Innovation and Leadership Bill) was
introduced in the Senate on May 3, 2006 by Senator Cornyn. The aim of the
SKIL Bill is to reform both the H-1B visa, the employment based green card
visa and the F-1 Student visa process. Many of the provisions in the SKIL
Bill have been duplicated in the Comprehensive Immigration Reform bill
currently in the Senate floor. We will discuss below the features of the
SKIL bill.
What are the proposed changes in the current H-1B law?
Answer: The proposed changes are the following:
1. Raise the H-1B cap from 65,000 to 115,000;
2. Create an uncapped exemption for professionals who have earned a U.S.
master's or higher degree and those have been awarded a medical specialty
certification based on post-doctoral U.S. training and experience;
3. Modify the existing 20,000 cap exemption to apply to those with a
master's or higher degree from an institution of higher education in a
foreign country.
What are the proposed changes in the current Employment Based (EB)
Immigrant Visa law?
Answer: The following are the proposed changes:
1. Raise the number of visa from 140,000 to 290,000 visas a year and allow
unused visas to fall forward annually while recapturing unused visas from
previous fiscal years 2001-2005;
2. Retain current green card allocation so that the majority of visas go
to highly-educated and skilled workers;
3. Exempt from the EB cap professionals who have earned a U.S. master's or
higher degree and those awarded a medical specialty certification based on
post-doctoral U.S. training and experience;
4. Exempt from the cap those who have earned a science, technology,
engineering or math master's or higher degree who have worked 3 years in
the US;
5. Exempt professionals of extraordinary ability, outstanding researcher
and professors as well as those who hold a national interest waiver;
6. Exempt those who will perform labor in shortage occupations designated
by the Secretary of Labor for blanket certification as lacking sufficient
U.S. workers able, willing, qualified and available for such occupation if
the employment does not adversely affect conditions of similarly employed
U.S. workers;
7. Exempt spouse and minor children of employment-based professionals from
the visa being counted against the cap;
8. Provide special handling labor certification to those who hold a U.S.
master's or higher degree and medical specialty certifications based on
post-doctoral U.S. training and experience.
What are the proposed changes in the Student visa law?
Answer: The proposed changes are as follows:
1. Create a new F-1 visa to enable employers to start the green card
process while the worker is on a U.S. STEM (Science, Technology,
Engineering, or Math) bachelor's or higher degree during optional practical
training after graduation;
2. Extend optional practical training to 24 months;
3. Elimination of the presumption of immigrant intent and the foreign
residency requirement.
Tips of the Week:
1. Substitution of beneficiary in Labor Certification may end soon. If you
have a pending substitution, you should act now.
2. DMV is sending renewal notices of driver's licenses by mail. However,
they also check the person's legal presence. If the applicant has no legal
presence then he could be subject to removal. We provide consultation on
DMV problems.
3. Income tax filing is required in the proposed Amnesty, which may require
Social Security or ITIN. Individual Tax Identification Number (ITIN) is
required before bank accounts can be opened. It is also needed by
employers to charge to expense payment of wages.
It may also be used when applying for college or license. Our office
assists clients in obtaining ITIN.
[Note: This is not a legal advice and you may need to talk to an
experienced immigration attorney about your case. Our office offers free
initial consultation on all immigration matters.]
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://economictimes.indiatimes.com/articleshow/1518536.cms
New hope for H-1B visa aspirants
URMI GOSWAMI
TIMES NEWS NETWORK[ SATURDAY, MAY 06, 2006 12:30:35 AM]
NEW DELHI: A new bill specifically focused on increasing H-1B visas,
employment-based green cards, and a new visa category for science and
technology students, F-4, has been introduced in the US Senate by senator
John Cornyn. The legislation is co-sponsored by Senators Allard, Allen,
Bennett, Enzi, and Lott.
These provisions are part of the larger immigration reform bill, currently
on the floor of the Senate, as well. Experts say the bill has been
introduced as a safety measure, so that the provisions benefiting skilled
legal immigrants doesnt get hijacked by the debate on illegal
immigrants.
The Securing Knowledge, Innovation and Leadership (SKIL) Bill, S
2691, also known as SKIL Bill, has provisions similar to those of other
legislations introduced earlier this year.
The proposals of the bill echo those of the immigration reform bill passed
by the Senate judiciary committee. It proposes exemptions for US educated
foreign workers with advanced degrees in math, science, technology and
engineering from the annual H-1B and EB quotas.
This will help ensure that these foreign workers with US education are
retained in the United States. It has also proposed the creation of a
flexible, market-based H-1B cap, this will ensure demand for H-1B workers
matches supply. It also suggests extending foreign students post
curricular optional practical training from 12 months to 24 months, as well
as a smoother transition from student visa to green card.
Exemptions for EB/green card immigrant spouses and children from the annual
cap has also been proposed. This would free up more immigrant visas for
professionals.The bill has been described by corporate America as the
latest indicator that both the US Senate and the Bush administration are
prepared to fix the visa system for highly-educated foreign nationals.
Compete America, a coalition of more than 200 corporations, universities,
research institutions and trade associations, has come out in support of
this bill.
"Senator Cornyn clearly understands the contribution highly-educated
foreign nationals make to the US economy and to Texas," said Texas
Instruments CEO and president Richard K Templeton. "The Senators bill
reaffirms Americas proud tradition of welcoming top talent to this
country.
The reality is that most scientists and engineers with advanced degrees
from US universities are foreign born. The competition for talent is truly
global. If the US wants to win, we absolutely must encourage these advanced
degree holders to stay here and get their green cards - not send them home
to compete against us. The SKIL bill really advances that goal."
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