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The H-1B Visa Blog by Siliato and Malyk

Will Economic Recovery Translate into Increased H-1B Usage?

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As reported in the Wall Street Journal, a surge in corporate profits is translating into increased hiring for the high tech industry and economic recovery could come faster than anticipated.

Notwithstanding the job market showing some signs of life, U.S. unemployment remains at just under 10% and will likely remain high for some years to come.  While employers added more than 160,000 jobs in March, the biggest monthly gain in three years, roughly one-third of the growth came from the government's hiring of 48,000 temporary workers for the 2010 Census.

So what does this all mean for U.S. employers vis-a-vis the H-1B program? As we reported in our last blog post, H-1B usage is certainly down from recent years.  Indeed, it is now quite evident that, despite the now optimistic views of economists, U.S. companies are more carefully examining their recruitment needs and processing H-1B petitions only for key personnel. This change in sentiment appears to be driven by a multitude of reasons, including the high cost of processing H-1B petitions; the increased scrutiny in the adjudication of H-1B petitions and in the admittance of H-1B visa holders by CBP at ports of entry; the uncertainty regarding availability of H-1B visa numbers and limited period of authorized period of stay in such classification; the emerging destinations for business other than the U.S. and increased outsourcing of work; more opportunities in growing economies like India and China which used large numbers of H-1B visas in the past; and, of course, the increased availability of U.S. workers.

In light of all this, U.S. workers stand to gain with a host of job opportunities becoming available as the result of F-1 and H-1B visa holders returning abroad, especially those returning to India and China, who have many opportunities outside the U.S. by way of jobs and entrepreneurial ventures.

In sum, as has been suggested many times before by the authors of this blog, let the market drive the H-1B cap.  In this way, as the economy continues to improve, we can eliminate at least one obstacle facing U.S. employers who would otherwise opt to consider hiring a highly qualified foreign national worker to fill a specialty occupation.

For additional information and frequent updates on a variety of corporate and business-related immigration law issues, please click here to navigate to Meyner and Landis LLP's Corporate Immigration Law News Blog.

Post Authored By: Anthony F. Siliato, Esq. and Scott R. Malyk, Esq. of Meyner and Landis LLP

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  1. Sawyer's Avatar
    I just read the best reaction to the iatigrmmion law ever on CNN. Awesome! OK so a cop's title is Law Enforcement Officer in order to be an Illegal Immigrant you have to be breaking the law of the United States of America why would we not expect our Law Enforcement Officers to enforce the law of the United States of America? This is not a racist statement, this is not an anti-immigrant statement, I'm not a tea-partier, I'm a slightly left of center gay American whose partner of 8 years is a Canadian. My partner goes through a massive ordeal in order to stay in this country legally, which he does Im not able to sponsor him for permanent residence, and there is no legal pathway for him to gain permanent residence so for now we live with renewing his temporary status based on his job and NAFTA, hoping for either an employer willing to sponsor him for permanent residence (a 5 year long, very expensive process) or the repeal/invalidation of DOMA, or the passage of the UAFA bill. He has to prove his legality in this country quite often, and is required to have his passport with proof of his legality on him at all times I am more a victim of discrimination, as a US Citizen who cannot sponsor my permanent partner for US residence, than these illegal aliens who are breaking the law of the united states
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