H1-B Visa Campaign

Today is my last official day of classes for me as a student of American University. Consequently, it is also the last day of this blog as part of my social media project for my Social Media and Activism class. I have learned so much in the process of setting up this blog, writing for it, and trying to spread the word as much as possible. Not only did it force me to dig through articles upon articles on the H1-B, but to also seek out fellow foreigners who have struggled with the process. I also learned the effect of “Justin Bieber” on your blog stats. I plan to continue this blog, to keep posting information on here about the H1-B program and to keep to my objective of raising awareness. I hope to myself be undergoing the H1-B process come April 1, 2013 and I plan to share that process with others as I know I will be buried under a mountain of paperwork.

Over the last month or so, one of the biggest lessons I’ve picked up from running this campaign has been about the H1-B itself. Throughout the process, I’ve consistently seen evidence that points to a need to raise the H1-B cap from 65,000 to something that meets the market demand. I’ve had a debate with a friend of mine who says that the immigration door should be held wide open. As a foreigner, you would think I would agree with him. But I don’t. I do agree that there needs to be less regulation, but like I’ve said before, I believe every country needs its own regulation to keep running. I think the level of globalization in our society requires that the government certainly loosen the cap, but I do not know that a non-cap program is necessarily required right now. I do think that foreign relations may some day soon reach that point where a more open border policy will be viable, but I do not think that world politics has reached that point. Business certainly has reached and surpassed that point, and I do agree that less regulation is necessary to help the flow of information and to expand a shrinking economy. Overall, for right now, to keep the economy running and to allow small businesses in certain industries to expand, the H1-B cap should be raised.

Interview with Anh

I decided to interview a fellow international friend of mine, who graduated from American University in May. In the short interview she describes the difficulty of finding a employment due to her international status and its links with the H1-B program. It’s just one example of thousands of how difficult it is for recent graduates to find jobs. This interview also brings to light the necessity of colleges and universities better training its international students on immigration policy. While I know immigration policy is one we have to run after, it would be interesting to have more seminars on campus about the transition of student to employment authorization status to H1-B status. The more recent graduates can learn about the H1-B process prior to graduating, the better off they are in their job search process.

1) Please state your name, college, year of graduation, major, occupation, and home country.

Name: Anh
College: Kogod School of Business – American University
Year of Graduation: 2012
Major: Business Administration with specialization in Finance
Occupation: Project Assistant
Home country: Vietnam

2) What type of jobs have you applied for?

I have been applying for the analyst position in Financial Services industry as was as in Consulting industry.

3) Have you found a full-time position?

No, I have not. I’m still in the interviewing process for a full time position.

4) What are the difficulties you have encountered when applying for jobs? What about during interviews?

The most common difficulty the I have encountered when applying for job is because of my citizenship since most of finance job requires the employee to have at least a Green Card in order to work in this industry.

5) Do you think the H1-B Visa has placed you at a disadvantage when applying or interviewing for commercial jobs? Why or why not?

Yes, it has been placing me at disadvantage since most of employers say they have not succeeded in applying for Sponsorship, they decide stop trying and do not hire international students. One time during my interview I got cut off just because the interviewer learned that I’m an international student, they did not want to move forward and ended the conversation immediately.

6) Has your college provided you with an adequate understanding of the H1-B visa process?

Not really, most of the time I learn it myself or my friends who have obtained it before.

7) Why do you want to stay in the United States post-graduation?

I want to stay in the U.S. post-graduation because I want to have hands on experiences of what I have learned from college as well as get to know the corporate world in the States, which I believe completely different from where I am from (Vietnam.)

“What if there wasn’t an H1B cap?”

Just got a question about my most recent post “Small Businesses and the #H1B” and thought it was worth another post! Here’s my answer:

Great question, if there wasn’t an H1B I think the process would be a lot harder and the visa tougher to get. There may or may not be a higher immigrant flux. I am for the cap in the sense I am for a certain amount of regulation for any country because I do not think free borders for all is a system that would work on a political/diplomatic level. I just think the current cap is not in accordance with the amount of applications being received. Bier said “Global competition requires access to the world’s best talent. Yet during this same period, Congress has allowed the H-1B quota for high-skilled workers to drop in half—from 195,000 in 2001 to 85,000 today. In 2006, the quota was tapped in less than two months. In 2008, it vanished in less than a day—nearly 125,000 applications were received in just two days. Market-driven demand grew while government-controlled supply shrank.”

What are your thoughts? Cap or no cap?

Small Businesses and the H1B

An article by David Bier brings to light the disadvantages that small businesses incur due to H1B regulations compared to larger companies. Some of the disadvantages include the price of the visas, the ability of multinationals to set up shop abroad, and the visa cap. Larger companies even have the chance to bring workers in on a different visa than the H1-B. Bier is a proponent of the H1-B, arguing that it does not take jobs away but is used for the expansion of the American economy. Overall, small businesses that can use the skilled set of foreign workers are truly placed in an unfair advantage regarding human resources when compared to their larger counterparts.

Because of this then, us international students are also placed in a similar disadvantage. Many large companies that do hire H1-B workers will tell you they don’t (to greatly diminish the amount of applications received) and will not allow you to submit your resume on their US HR websites. They make it so that you can only get in through networking. Many smaller companies will then tell you that they do not have the resources to file the paperwork for your H1-B, or that they do not understand the process and view it as a hassle.

International students, then, need to learn to network like crazy and need to learn the H1-B process in and out. For those that want to continue on their Optical Practical Training, they need to spend that one year proving to a large or small business that the H1-B process is worth going into. All in all though, this once again speaks to the theme running across my blog: the H1-B cap regulation needs to be looked at once again. Perhaps it should return to the 195,000 visas of 2001-2004.

“Is Justin Bieber on the H1B?”

When a friend of mine posted that question on my Facebook page I couldn’t stop laughing. After my laughing fit was over, it really got me thinking — is Bieber actually on an H1B? After a 0.22 second Google search the answer is: no, the Canadian singer is not on an H1-B visa. Turns out there is an O visa program in the United States, which according to the USCIS website is for an ” individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics”. The O-1 Visa is also commonly known as the “Celebrity Visa” , given to the famous and/or Nobel Peace Prize winners.

The H1B and the O-1 are of the same principal, that of allowing nonimmigrants to work and live in the United States. The differences are found more with the level of wages than with the industry. It’s interesting to see that to qualify for the O visa, not only do you need to be a genius, but you also need to meet an additional of 3 out of 12. Some of items on this list include participating on a panel, writing original scholarly work, winning prizes, or just making a lot of money. Another difference is that the O visa does not have a cap, and is an easier process to go through given the status of those that are applying.

I got to thinking about all we need to go through when we decide that we want to make a life elsewhere. It’s interesting to see what difference a wage level can make when someone is trying to make a living in a country other than their own. Illegal immigrants in America usually get there because of their lack of opportunity in their home country. Nonimmigrant workers in the middle-class range need to go through a good level of red tape and fall under a regulated cap amount to make it to America. Nonimmigrant workers with a very high salary, on the other end of the spectrum, have a red carpet awaiting their arrival.

I wonder about comparing immigration processes in Europe to those of America, and how they compare with the wage level. It would also be interesting to compare the Americans that go abroad to work in H1-B type jobs, and what they have to go through in terms of regulation. (Side note: I am a proponent of immigration laws and a certain amount of regulation in each and every country, because I do believe we all have to go through paperwork to maintain a certain level of formality when changing jobs and moving from country to country.)

The wage requirements between the H1 and the O visa got me thinking about how people that come in through an O visa usually come in with a lot of money already in the pocket. H1-B visas usually go to foreign employees and to international students graduating from US universities. Given the different level of status between the foreigners and the international students, and the wage levels, perhaps international students should be brought into a different pool than the H1-B visa. Even though both groups of H1 workers are in the US for the same purpose/same industries, their wage level isn’t the same. Justin Bieber is in a different industry, but also making a living as a nonimmigrant in the United States with a higher salary level. My thought, to combat the H1-B cap, is for recent graduates to be pooled under a different group given that a bachelors degree doesn’t result in the same wage level as someone coming in with 5+ years of experience from a foreign country. Just a thought.

Overview of H1-B Application Process

1.    Obtain employment with a US Employer 

2.   Employer files H1-B Petition (Form I-129) on your behalf, along with Form ETA 9035E with the Department of Labor through the iCert Portal System

3.  Once the petition has been approved, you will fill out H1B Visa application form DS160 with the    Department of State 

4.  Set up an appointment and visa interview with your US Consulate or Embassy  to obtain a visa stamp

For detailed information regarding exceptions, premium processing, required documents please visit the USCIS website

“We Do Not Sponsor Visas”: Navigating the Job Search

During my last year of my undergraduate degree, my career advisors, professors, and fellow colleagues all stressed the importance of networking when searching high and low for a job in a tight economy. I was trying to obtain work in the United States to further the knowledge and skills I acquired while at American University. So I followed instructions and attended ever career fair and talked to various HR reps of well known companies. The first few career fairs I attended were a complete catastrophe. I would start out by having great conversations with representatives and end up leaving their tables with their last words to me being “we do not sponsor visas, if you would like a job with our company please apply in your home country”. It was quite distressing, especially because it was coming from companies that I considered my dream jobs.

To improve my chances of at least getting an interview, I learned to only mention my international status once the conversation led to an interview opportunity. This gives you the chance to show the company that your skills, expertise, and diverse background are greatly desired. The other advice I have for dealing with the job market as an international student is to speak with companies that have previously sponsored foreign employees. You can find that information online as there are lists of companies that do sponsor, like MyVisaJobs. If the company you want to work for is unfamiliar with the H1-B visa process, then it is your job to find out everything you can about the program and walk your employer through it. You can find out detailed information about the H1-B program from the USCIS website.

Metropolitan Areas and the H1-B

The recent report by the Brookings Institution discusses findings regarding a correlation between metropolitan areas and the H1-B visa. Instead of looking at the issue from the usual standpoint, the study looks at the reality of the regional economic level of American cities. By analyzing the needs of these regions, contingent upon the type of industries present, the report discusses the importance of analyzing the local immigration and education levels to maintain a global competitive edge.

Between 2010-2011, there were a minimum of 250 visa applications in 106 cities across the nation. In 86% of the cities, STEM related jobs accounted for half of the H1-B visa applications. In 92% of the cities, computer related jobs took the cake as the number one occupation with H1-B applicants. The industry concentration in the metropolitan area dictates the types of jobs that are available, and thus the necessity of the specialized skills that mostly come from foreign employees. There are regional clusters of research, technology, and engineering related jobs in America. Given that 56% of the world’s engineering degrees are coming from Asia, the STEM related jobs in the United States are being given to foreign employees with those skills.

Given a different lens by this study, it really is important to note the needs of a regional economy rather than at a national level. The increased need for STEM related jobs, whose skills are more easily found abroad, perhaps signifies that the STEM jobs should fall under a different H1-B cap. The STEM related jobs already benefit with a 17-month Optical Practical Training post-graduation, so perhaps they should also face a different process when regarding the H1-B program. Small businesses in other industries may also then benefit by not having to worry about the cap.

An excerpt from the Brookings report:

“To be competitive in the global economy, nations—and specifically, their regional economies—must possess high-skilled labor forces with strong capabilities in science, technology, engineering, and mathematics (STEM), a key input for innovation and economic growth. The years of education demanded by the average U.S. job is growing, especially in industries like health care, education, and professional services. There have also been many reports highlighting the demand of U.S. employers for “deep analytical” skills that require postsecondary, master’s, and doctoral-level training. Yet, the global supply of these skills is limited and the demand for highly skilled workers is unevenly distributed and poorly matched geographically to the supply.”

Infosys Scandal

Infosys, one of the companies that most sponsors H1B visas, is at the heart of a visa fraud scandal for the second time. The company is facing a lawsuit that is currently investigating  a case regarding the companies illegal use of B-1 visas (tourist visas) to bring oversees workers to the USA. Infosys went through a similar investigation in 2011.

A scandal like this brings many to question the legality of US employees and foreign workers that deal with the H1-B. Through the H1-B visa program, foreign employees in specialty fields and international students are given a chance to pursue innovation and technology in the U.S. Likewise, US employers are given the chance to higher a diverse workforce with highly specialised skills through a proper, albeit complicated, channel. A case like Infosys detracts from the opportunities provided by the H1-B to US companies and foreigners alike. Some even use a case like Infosys’ to claim that jobs are being taken from Americans. The only reminder we can give is that cases of fraud happen in everything, not just H1-B visas. To remind that the Infosys case is not a common one, and that the H1-B visa does add value to the American economy through innovation and opportunity. 

A Form of Brain Drain

The industry that sponsors the most H1-B visas is Computer & Information Technology. Computer & IT is also the industry that is most suffering from the regulations on the program and the visa cap. Companies in the IT field are thus lobbying for an increase in the cap in order to prevent a brain drain from the US, as many foreigners come to the United States to obtain higher graduate degrees and must leave for home due to the difficulties facing the visa program. This form of brain drain is an interesting aspect to the ongoing debate about foreign “highly skilled” workers in the United States. 

Most of the immigration debate centers around illegal immigration, which as Gary Shapiro points out, neglects the benefits brought to the United States by foreigners who study here. Ebay, Facebook, Google – these are all companies that have come about because of the skills and innovative edge of specialty foreign workers in the United States. This has led many of the Silicon Valley giants to argue that innovation and global market share is being hindered because of the regulations with the H1-B, causing for a brain drain in the States. 

On the flip side of this debate is the argument that foreign workers are taking American jobs.With an already tight job market, many Americans are not happy to see jobs land in the hands of foreigners. So which way is up? Are H1-B workers taking away jobs or are they helping fuel the American Economy? If an international student obtains his PhD in America in medicine, IT, or what have you, should he return to his country or should he be given the opportunity to put to use his skills to good use in the United States?