three House bills to expand H-1B

Date: Thursday, March 20, 2008 2:33 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1841 -- 3/20/2008 >>>>>

Three bills in the House of Representatives to raise H-1B have been
introduced. The following is a brief summary and analysis.

You can track the bills by using the following web site, or Thomas.gov

http://www.govtrack.us/congress/legislation.xpd

H.R. 5630: "To modify certain requirements with respect to H-1B
nonimmigrants", Sponsored by Rep. Gabrielle Giffords [D-AZ], Mar 13, 2008.
This bill would raise the H-1B cap to 130,000 in fiscal year 2008 and it can
go as high as 180,000 if all the visas are used up in the previous year.
Exemptions from the cap are given to all foreign students who graduate from a
U.S. university with a master's degree or higher in a field of science,
technology, engineering, or mathematics (STEM). An additional 20,000
exemptions are given to STEMs from an institution of higher education outside
of the United States that earn a master's or higher degree (or its
equivalent). The term "equivalent" is open to interpretation.

H.R. 5634: "To exempt from numerical limitations any alien who has received a
Ph.D. from an institution of higher education". Sponsored by Rep. Patrick
Kennedy [D-RI], Mar 13, 2008. Exemptions from the cap are given to all
foreigners who have a PhD. There is no qualification as to the type of PhD as
long as it was granted from is an institution of higher education. No
specifics are given where the institution must be located, so it could be
anywhere in the world. Nothing requires that the institutions be certified by
an accrediting board so it's not clear what types of foreign schools would be
acceptable for this exemption.

H.R. 5642: To increase the numerical limitation with respect to H-1B
nonimmigrants for fiscal years 2008 and and 2009. Sponsored by Rep. Lamar
Smith [R-TX], Mar 14, 2008. This bill will increase the H-1B cap in 2008 and
2009 to 195,000. The bill doesn't actually say what will happen in 2010, but
assuming this bill is "temporary" as it says, the cap would go back down to
65,000 in 2010.

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