The Commercial Appeal

H-1B work visa program makes America stronger

- Your Turn Guest columnist

In the 65 years the H-1B visa has existed, it has been the backbone of a robust work-based immigratio­n system that has helped make the U.S. economy the world’s most powerful.

Created by Congress in 1952, H-1B is a nonimmigra­nt work visa for highly educated workers. The current framework for the H-1B program has largely been in place since the Immigratio­n Act of 1990, the year I got my law license.

As I near my fourth decade practicing law, the H-1B program is in dire need of updating. We need to have quotas that are market-driven -- they should increase when labor markets are tight and contract when unemployme­nt rises.

The applicatio­n period for 2019 H-1B visas was in the first week of this month, and the U.S. Citizenshi­p and Immigratio­n Services (USCIS) just announced they had received more than a year’s worth of applicatio­ns and will conduct a lottery among nearly 200,000 applicatio­ns filed.

Nationally, the H-1B program is seen as a program designed to supply hightech workers to Silicon Valley. But the program is vital to states like Tennessee.

The H-1B visa has brought in top research scientists to institutio­ns like St. Jude Children’s Hospital, Vanderbilt University and the University of Tennessee Health Sciences Center.

Tennessee has a desperate shortage of doctors, particular­ly in rural areas and in inner city communitie­s, and hundreds of physicians are working on H-1B visas across the state.

Tennessee has difficulty finding enough math, science and foreign language teachers to meet students’ needs, and H-1B has been used by school systems to ensure students have enough qualified teachers.

Most Americans knew little about this “secret sauce” visa program to attract the world’s talent until the 2016 election. But it had long been on the radar of anti-immigrant protection­ists, who hitched their star to an unlikely candidate, Donald Trump. He has hired many H-1B workers and married a woman who used an H-1B visa herself to enter the U.S.

Nonetheles­s, he campaigned against the H-1B visa and has embraced the anti-immigrant agenda. His executive order called “Buy American Hire American” was a declaratio­n of war on H-1B. Denials of H-1B applicatio­ns are up dramatical­ly, and USCIS plans to end a program allowing work authorizat­ion for spouses of H-1B workers waiting in long green card lines.

It would a catastroph­ic mistake to eliminate H-1B. It does need reform AND expansion because it creates far more jobs for Americans than for others. Efforts are being made in Congress to do both.

The program does need reforms. With a lack of H-1B workers for American employers who have unfilled positions, staffing companies should not be able to use H-1B visas to outsource existing positions. Likewise, there should be a limit to the percentage of an employer’s workforce that can be employed on an H-1B visa.

Reform might also favor the most highly skilled, highly paid, or most indemand foreign workers (like teachers and doctors). And when we attract the best and brightest, they should be able to bring their families and allow their spouses to continue their careers.

We need to have this conversati­on. We must insist that we have an H-1B program that both meets the demands of our modern economy and can’t be used in a way that hurts American workers. That should happen in 2018.

Greg Siskind is founding partner of Siskind Susser immigratio­n law firm in Memphis.

 ?? Greg Siskind ??
Greg Siskind

Newspapers in English

Newspapers from United States