End H-1B visa program's abuse International Brotherhood of Electrical Workers. H-1B Temporary Skilled Worker Program. More than 27,200 companies and organizations participated in the H-1B visa program in 2009. Our Terms of Service and Privacy Policy have changed. The H-1B visa program allows U.S. GAO - H- 1. B Visa Program: Reforms Are Needed to Minimize the Risks and Costs of Current Program. Congress created the H- 1. B program in 1. 99. H-1B Specialty Occupation; O-1A Extraordinary Ability and Achievement; E-2 Treaty Investor; L-1 Intracompany Transferee; EB-1 Extraordinary Ability; EB-2 Classification and National. H-1B visa program needs an overhaul: Experts. Proponents for H1-B expansion have contended that the temporary work visas often go to workers in. H1BvisaCapH1BquotaSystem. View historical H1B cap filing statistics and trends for the visa program over the years. U. S. The law capped the number of H- 1. B visas issued per fiscal year at 6. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U. S. In response, GAO examined what is known about (1) employer demand for H- 1. B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H- 1. B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H- 1. B program protect U. S. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H- 1. B employers; and reviewed agency documents and literature. In most years, demand for new H- 1. B workers exceeded the cap: From 2. H- 1. B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H- 1. B workers is largely driven by a small number of employers. Over the decade, over 1. H- 1. B approvals. Most interviewed companies said the H- 1. B cap and program created costs, but were not factors in their decisions to move R& D overseas: The 3. H- 1. B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H- 1. B workers over time: The total number of H- 1. B workers in the U. S. Restricted agency oversight and statutory changes weaken protections for U. S. First, program oversight is fragmented and restricted. Second, the H- 1. B program lacks a legal provision for holding employers accountable to program requirements when they obtain H- 1. B workers through a staffing company. Third, statutory changes made to the H- 1. B program have, in combination and in effect, increased the pool of H- 1. B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H- 1. B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re- examine key H- 1. B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H- 1. B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
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