HR & Legal Experts Say: H-1B Caps' Unintended Consequences

Fact of the Week

​​​Here We Go Again…

Arbitrary H-1B Caps Shut Out U.S.-Educated & Employer-Trained Foreign-born Talent

April 1, 2014

You may know that today marks the beginning of FY2015 H-1B cap filing season and that the caps are expected to be hit in a week’s time. But what you may not know is that one of the consequences of our broken immigration system is how it shuts out some of the most talented professionals – including doctors-in-training, engineers, software developers, accountants, professors and scientists – already educated at American universities and further trained by U.S. employers.

In a recent poll, 77.5 percent of Council member organizations said they would no longer be able to employ many of the U.S.-educated students currently working and trained by them under the Optional Training Program (OPT) if they are unable to obtain an H-1B visa for those employees.
Given that many anticipate there will be nearly twice the number of H-1B petitions filed for the 85,000 H-1Bs available for FY2015, it is highly likely that many of these employees will be prevented from continuing to make great contributions to the U.S. economy. Employers recognize how these talented professionals create greater opportunities for Americans and the economy, and they urge Congress to pass bipartisan reform that fixes the system this year.
The Society for Human Resource Management (SHRM) and Council for Global Immigration advance U.S. innovation and job growth by assisting organizations with workforce and talent management issues. Learn how immigration will help employers and the economy at​.​




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