Debate Club

Should H-1B Visas Be Easier to Get? >

Unfilled Positions Reduce Productivity

Reform H-1B, but don't ignore legitimate needs of American employers

December 28, 2011

About Jason Dzubow:

Jason Dzubow is an immigration attorney at Dzubow, Sarapu & Pilcher, PLLC in Washington, D.C. He is also adjunct professor of immigration law at George Mason University. His blog, The Asylumist, is the only blog in the United States devoted exclusively to political asylum.

Yes--The H-1B visa should be made easier to get, but it should also be reformed so that American workers are protected and our country is able to attract the types of employees we need to grow our economy.

The H-1B visa was originally designed to allow U.S. companies to bring computer programmers to the United States to fill positions that were vacant due to a shortage of qualified workers. Over time, creative immigration lawyers have "pushed the law" and expanded the types of workers coming to the United States. H-1B visas have been used by everyone from acupuncturists and accountants to pharmacists, teachers, and Web designers. Some of this is good for our economy and domestic work force; some of it is not so good.

[Tech Companies Want More Foreign STEM Workers.]

As the system exists now, a foreign worker who demonstrates that her profession is a "specialty occupation" may qualify for an H-1B visa (assuming she meets the other requirements for the visa, including requirements designed to prevent wage deflation). The problem is that our country does not necessarily need workers who meet the definition of a "specialty occupation." Rather, we need workers for jobs that American employers are unable to fill.

To address this problem, the Department of Labor should identify where shortages exist, and the qualifications for an H-1B visa should be adjusted accordingly. So, for example, perhaps we do not have a shortage of acupuncturists in the United States. If that is the case, acupuncturists should not be permitted to obtain H-1B visas. On the other hand, there are significant shortages of technology workers and healthcare workers (among others). As long as these shortages exist, we need to make it easier for companies to hire foreign workers in these fields. Unfilled positions reduce productivity and serve as a drag on our economy.

[Mort Zuckerman: 5 Sure-Fire Ways to Create More Jobs.]

The qualifications for an H-1B visa should be determined by the needs of our economy—we need more entrepreneurs, more scientists, more mathematicians, more programmers. Our country and our economy would be well served if such people could easily come to the United States. The H-1B visa program should not be a hurdle for these workers to overcome. Instead, it should be designed to attract and retain needed workers.

Tags:
employment,
economy,
U.S. Citizenship and Immigration Services,
immigration reform
Other Arguments
#1
#2

No — The use of the programs for cheaper labor is substantial and growing

RON HIRA, Associate Professor of Public Policy at Rochester Institute of Technology and Research Associate with the Economic Policy Institute

#3
#4

No — H-1B should return to goal of recruiting the best and brightest from around the globe

NORM MATLOFF, Professor of Computer Science at the University of California, Davis

#5

Yes — H-1B visas are one of our best tools to attract international brain power

TAMAR JACOBY, President of ImmigrationWorks USA and Fellow at the New America Foundation

#6

Yes — The American economy is losing out on people who could launch whole new companies and product lines

JOHN FEINBLATT, New York City Mayor Michael Bloomberg's Chief Policy Adviser and Director of the Partnership for a New American Economy

#8

No — America is unique because it turns newcomers into Americans

BRUCE A. MORRISON, Former Chairman of the House of Representatives Subcommittee on Immigration, Claims, and International law

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