Labor Immigration Law

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Brookings Report on the H-1B Program: Demand, Availability and Training Fees

The Brookings Institute has completed and released an interesting report (PDF document, accompanied by interactive charts) on the H-1B program.    The report aims to provide a deeper analysis of the H-1B program and to understand the issues and the competitive advantages (or lack thereof) of one of the H-1B work visa which is the most common U.S. temporary foreign worker program.

The Report’s Findings

The report concludes that although the demand for H-1B visas has fluctuated widely over the last decade, in almost all years, the annual H-1B cap has been fully used.   The report points that there seems to be discrepancy between the actual demand of foreign skilled workers and the availability of H-1B visa numbers and suggests that an independent (non-political entity) should be tasked with evaluating demand of H-1B visas and adjusting the H-1B cap on the basis of actual local employer needs.

The report goes on to analyze H-1B demand by geographical area, over period of time and over types of workers (STEM v. non-STEM) to create a better understanding of how H-1B work visa demand fluctuates over time/geographical area and to also be able to create H-1B profiles for a number of geographical areas.

Also, the government has distributed over $1 billion from H-1B fees to fund programs seeking to address skills shortages.  However, the report notes that those fees have not been proportionately distributed to metropolitan areas requesting the highest number of H-1B workers.   According to the report, metropolitan areas with high demand of H-1B workers are only receiving $3.09 on average per working age person compared to $15.26 for metropolitan areas that have a lower demand level for 2010-2011.

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This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.