H-1B LEGISLATION INTRODUCED IN THE SENATE

Three prominent Republican Senators are cosponsoring legislation that would increase the number of H-1B visas available annually. The New Workers for Economic Growth Act, introduced by Phil Gramm of Texas, Trent Lott of Mississippi and Mitch McConnell of Kentucky, would raise the annual limit on H-1B visas to 200,000 for fiscal years 2000, 2001 and 2002.

H-1B visas have been the subject of debate for a few years now. In 1998, after months of anticipation and pressure from high tech firms, Congress finally passed the American Competitiveness and Workforce Improvement Act. This created a temporary increase the available H-1B visas, 115,000 for 1999 and 2000, 107,500 for 2001, after which the annual limit would revert to 65,000.

Like the 1998 law, this new bill would only temporarily raise the cap, but under the new proposal, two significant groups of workers would not be subject to the limit. First, those who have attained a master’s degree or higher in an area related to the intended employment and receive wages or similar compensation of at least $ 60,000 annually would be admissible without regard to the numerical limit. The second group that would be admissible without numerical limit would be those with a bachelor’s degree or higher who will be employed at an institution of higher learning.

Seasoned congressional watchers feel it is unlikely that Congress will pass any new H-1B legislation this year. However, next year’s presidential election campaign may create the necessary pressure to push a bill through Congress, as immigration will doubtless be an issue during the campaign. Silicon Valley companies have poured money into the campaigns of many of the presidential candidates, and the H-1B issue is foremost on the legislative agenda of many of these firms.

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