What Is the U.S. Visa System for 'Skilled' Migrants? - The Atlantic - 0 views
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The H-1B visa in particular, both its supporters and detractors argue, desperately needs an overhaul. Yet competing interests and disagreement over what needs fixing mean that, even with Trump’s administration having put restricting immigration flows at the center of its agenda, change is far from guaranteed.
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The H-1B is one of several visa categories that allow foreign citizens to work while in the United States. Designed in the early 1990s as a temporary program to fill labor-market needs in highly specialized fields, such visas are issued in low numbers each year: This year’s cap was 85,000 in a nation with a labor force that’s estimated to be about 163 million people.
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The White House has become more selective about approving new H-1B applications and changed the rules governing renewals so that the process is no longer automatic, as in Mahoney-Steel’s case.
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the administration is gradually making the program a little more restrictive overall. (This appears to have had little impact thus far on the number of people who have applied for H-1Bs—as Bloomberg Law noted, more than 201,000 people put in for the 85,000 visas issued this year, a 6 percent increase over the previous year’s figures.)
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in the Immigration Act of 1990. That original legislation did two things: It expanded legal immigration by increasing the number of green cards awarded each year, and it updated a 1950s-era program for temporary workers of “distinguished merit and ability” by capping the number who could obtain the visa at 65,000. (The cap has varied over the years.) This new program, the H-1B, was designed for skilled, temporary workers in certain occupations.
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what came next: the global tech boom and the birth of the outsourcing industry. Suddenly, what had begun as a temporary solution to address a labor shortage became a device through which hundreds of thousands of IT professionals from around the world, especially India, came to the United States. The program became a de facto path to permanent residence and, ultimately, American citizenship.
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Ron Hira, an associate professor of public policy at Howard University in Washington, D.C., who studies the impact of the visa, says the H-1B prioritizes outsourcers, sets wages too low, and doesn’t address the problem it was created to solve—filling labor-market gaps.“The program has been flawed from the inception,” he told me. “My primary complaint is that it’s used for cheap indentured workers.”
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cation process is expensive, costing upwards of $2,400 (not counting lawyer’s fees), and has become cumbersome, they argue, so no American company would voluntarily seek to hire a foreign worker when simply hiring an American one is far easier.
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Previous administrations tried to walk the line between these competing interests, but the Trump administration, through its actions, is making the H-1B far more difficult to get—especially for Indian software companies, whose visa applications were rejected in record numbers last year.
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all of the changes so far to the existing system have introduced an atmosphere of uncertainty for people like Mahoney-Steel. Johns Hopkins decided not to seek to renew her visa. She told me that her supervisors were trying to rewrite her job description, but that the position she occupied was deemed by her employers too generic to be a specialized skill.