H-1B Hubbub

Posted by Geoff Davis at 11AM on 06/01/07 | Categories: Immigration, Labor Market | 4 comments

Immigration policy has been in the news lately, but the talk has been almost entirely about low-skill workers. Buried in the recent Senate compromise immigration bill, though, are some provisions that will affect scientists and engineers.

There hasn't been much talk about the high-skill worker side of the bill, but what little I have read has been negative. From this past Sunday's SF Chronicle: "H-1B Federal Immigration Bill... Everyone agrees it's flawed, but how to fix it?" ScienceCareers.org asks, Who Speaks for Early-Career Scientists?. The Wall Street Journal reports that even businesses dislike some of the high tech worker provisions (Business Divided As Debate Opens On Immigration).

So just how bad is it? Here's the bill, S. 1348: A bill to provide for comprehensive immigration reform and for other purposes (who names these things?). Keep in mind that this is not the final text by a long shot - there are already 108 proposed amendments - but it gives a glimpse of the kinds of changes that are being contemplated.

As best I can tell, the proposed changes will primarily affect those with bachelors-level S&E degrees. The provisions that most strongly affect those with advanced degrees were put in place years ago; the current bill expands them modestly, but for the most part leaves them qualitatively the same. There is one change, however, that could have unintended long-term consequences for S&E.

First, some background. There is a quota on H-1B visas that varies from year to year. The quotas are set when Congress tinkers with immigration legislation, which is to say infrequently, so it's easy for the levels to get out of whack with what's going on in the economy. The current number is 65,000 per year, down from 195,000 for fiscal year 2003 (notice that the reduction didn't come until about 3 years after the dot-com crash). Now that the tech sector has recovered, visa requests are up again, and the 2007 quota was reached on the first day of the year.

One thing S. 1348 does is to raise the cap from 65,000 to 115,000. It also adds a provision that the cap will automatically increase by 20% the year after the current quota is reached. (I guess this is better than the 90's approach of making up a series of numbers except for the fact that it's a one-way ratchet. Much saner would be something based on wage levels: have the cap rise and fall based on wage levels for skilled workers - that way recessions would trigger automatic reductions.)

So how much does changing the cap affect S&E PhDs? Probably not much. There are already several exemptions that apply to researchers: First, universities, government labs, and nonprofit research organizations are not subject to the cap at all, so the quota is irrelevant in these sectors. Second, as of FY2005 there have been an additional 20,000 slots for people who hold master's or higher degrees from a US university. This second quota was just reached this year (http://www.immigration.com/newsletter1/h1bmasterreach06.pdf)

S. 1348 expands the set of organizations not subject to H-1B caps: all nonprofits would be exempt, not just nonprofit research organizations, and it exempts those who have "been awarded medical specialty certification based on post-doctoral training and experience in the United States." Sure, this will increase the number of PhD H-1Bs, but because of existing exemptions, it doesn't appear that there have been any serious limits on those with PhDs in recent years anyway.

The interesting bit is that the bill broadens the advanced degree exemption to include those with degrees from non-US universities. Here's why: suppose you are a top-notch Indian or Chinese undergraduate who wants to move to the US. Getting a master's or PhD in the US is a great step toward your goal - the degree provides a stepping stone to an H-1B, which in turn can lead to a green card. Suppose you get into a really elite local university, say one of the IITs, but you fare less well in your US admissions process, perhaps because they have difficulty interpreting your credentials or because of language skills. So you have to choose between one of the best in-country universities or a second- (or third-) tier US university for graduate study. Which do you choose? Currently, if your heart is set on ending up in the US, H-1B considerations weigh pretty heavily in favor of the US university. The proposed change, however, removes that advantage and could reverse the balance. So one consequence of S. 1348 might be to strengthen the top Chinese and Indian universities at the expense of lower tier US institutions.