High Skilled Labor

Federal Court Decision Protects H-1B Employees from Wrongful Arrest
Washington D.C. – A recent ruling from a federal judge in Connecticut confirmed that—as the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) argued in an amicus brief—the government may not arrest H-1B employees for whom timely-filed extension applications remain pending. The decision in… Read More

The U.S. Economy Still Needs Highly Skilled Foreign Workers
It might seem that persistently high unemployment rates over the past few years have rendered moot the debate over whether or not the United States really “needs” the highly skilled foreign workers who come here on H-1B temporary visas. But the demand for H-1B workers still far outstrips the current cap of only 65,000 new H-1B visas that can be issued each year. In fact, from fiscal year 1997 to 2011, employers exhausted this quota before the fiscal year was over (except from 2001 to 2003, when the ceiling was temporarily increased). As a number of studies make clear, the presence in a company of highly skilled foreign workers whose abilities and talents complement those of native-born workers actually creates new employment opportunities for American workers. Yet the arbitrary numerical limits placed on H-1Bs are incapable of responding to the changing demand for H-1B workers. This is unfortunate, given that the international competitiveness of the U.S. economy will continue to depend heavily on the contributions of H-1B professionals and other high-skilled workers from abroad for many decades to come. Read More

Visa Programs for High-Skilled Workers
On behalf of AILA, the American Immigration Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit against DHS and USCIS in July 2010 seeking the public release of records concerning agency policies and procedures related to fraud investigations in the H-1B program. Read More

Why Immigrants Can Drive the Green Economy
The 2000 Census found that immigrants, while accounting for 12 percent of the population, made up nearly half of the all scientists and engineers with doctorate degrees. Nearly 70 percent of the men and women who entered the fields of science and engineering from 1995 to 2006 were immigrants. So it should come as no surprise that immigrants will help drive the green revolution. America's young scientists and engineers, especially the ones drawn to emerging industries like alternative energy, tend to speak with an accent. Yet, the connection between immigration and the development and commercialization of alternative energy technology is rarely discussed. In IPC's lastest Perspective on Immigration piece, Richard T. Herman and Robert L. Smith explain how policymakers envision millions of new jobs as the nation pursues renewable energy sources, like wind and solar power, and hightlight the voices that warn that much of the clean-technology talent lies overseas, in nations that began pursuing alternative energy sources decades ago. Read More

U.S. Immigration Policy in Global Perspective: International Migration in OECD Countries
The United States possesses a number of competitive assets in the global war for talent: most notably, its huge and flexible labor market and an abundance of leading-edge multinational corporations and world-class universities. However, the United States also faces growing competition in the global labor market from other countries within the Organization for Economic Cooperation and Development (OECD), as well as from the expanding economic opportunities available in the home countries of Indian and Chinese professionals who constitute a vital talent pool for U.S. high-tech companies. Read More

Competing for Global Talent: The Race Begins with Foreign Students
By Jeanne Batalova, Ph.D. Read More

Building a Competitive Workforce: Immigration and the U.S. Manufacturing Sector
Shortages of skilled labor constitute the foremost challenge confronting U.S. manufacturers who face growing competition from manufacturers in Asia, Eastern Europe, and elsewhere. Demand for professionals with university degrees is rising as manufacturing becomes increasingly high tech. But the U.S. educational system is not producing enough highly educated native-born manufacturing workers to meet this growing demand. Read More

Maintaining A Competitive Edge: Foreign-Born and US Immigration Policies in Science and Engineering
Foreign-born scientists and engineers (S&Es) have long played a prominent role in U.S. technological and scientific advancement and are a critical part of the science and engineering (S&E) labor force in corporations, universities, and research centers nationwide. However, long-standing structural flaws in the U.S. visa system and the unintended consequences of security procedures instituted since September 11, 2001, may be causing an increasing number of S&Es to forgo coming to the United States, thereby depriving the nation of a critical supply of human talent. Read More

Putting a Cap on Competitiveness: Arbitrary Limits on H-1B Visas Undermine U.S. Science and Engineer
Arbitrary congressional limits on the number of H-1B visas that can be granted annually to highly skilled foreign professionals may undermine the international competitiveness of U.S. science and technology. Read More

Relinquishing Excellence: Closing the Door to Foreign Professionals Undermines the U.S. Economy
According to a recent National Science Board report, restrictive U.S. visa policies are beginning to close the door to highly skilled foreign professionals who have long helped maintain U.S. preeminence in science and technology. Read More
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