What the lack of H-1B filings really means 04/25/09
In prior years we have seen more than twice as many H-1B cases accepted as slots were available. These numbers provide compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers salaries. That argument just doesn’t jibe with what is actually happening.
If H-1B visa labor was being used primarily to lower US workers salaries, the H-1B filing numbers wouldn’t be impacted to any meaningful degree. Why? Because the incentive to reduce workers’ salaries is likely greater in a recessed economy, not less. This logic is straightforward and convincing.
Yet, this year we’ve seen a dramatic downtick in H-1B visas filed in industries like Information Technology and Finance. Meanwhile industries with continued staffing shortages, such as healthcare and teaching, continued to file H-1B Petitions. If the H-1B program was being used to lower salaries, why aren’t the IT and financial industries continuing to file H-1B petitions? Are these industries not interested in cutting costs?
In point of fact, the H-1B program is largely used to supplement worker supply shortages and attract the international superstars to the US. This isn’t to say that there aren’t the occasional bad actors who abuse the system. But the relative paucity of H-1B enforcement actions calls into serious question that there is any large-scale fraud inherent in the system. Particularly noteworthy is the complete lack of any arrests or prosecutions in the wake of a well-publicized
September 2008 DHS report on H-1B Benefit Fraud.Critics of the H-1B system fail to acknowledge just how well the system actually works. In robust times, the H-1B system allows growing companies to attract more workers from overseas when they can’t fill those jobs with US workers. In down times, when jobs are few, the market does what it is supposed to do and fewer H-1B job offers are made.
If Congress really wants to reform the H-1B process, it ought to eliminate the arbitrary quota and just let the market sort out the numbers question. Congress also ought to give non-bachelor degree occupations with well-documented staffing shortages, such as nursing, access to the H-1B program.
-Chris Musillo
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37 Responses to this article
hello chris,
Good suggestion to include Nurses for H1B.
I am told that nurse bill is probably going to be introduced in next few days. Do you agree with this or is further strategic delay anticipated.
so now you are saying that RNs will have to give up on the greencard and embrace the H1B visa which by all means still do not guarantee that we will be able to apply for change of status to permanent residents after maxing out the years allowed to stay in the US with that kind of visa. I have a very strong suspicion that the Obama administration is cooking up something. They will try to keep the foreign RNs in the US for the meantime without letting us switch to immigrant status, then when they are able to fill the shortage they’ll say, “thanks, but we can handle our healthcare needs now, we don’t need you anymore you may go home” that’s how I feel right now, anyway I really hope that I am wrong but it seems like those who are already in the US they are keeping in for the meantime and those who are still waiting outside the US, they are keeping out! And they said that America is a land of immigrants! Why are they shutting us out now when they need us most? They created this need and we wouldn’t have aspired to fill this need if they didn’t broadcast to the whole world of their healthcare shortage. It’s not like we are inviting ourselves into this country, they INVITED us and now they’re being ungracious hosts? It is really just so frustrating, even more so for those who are still waiting to come into this country so very unfair!
Then again there is this saying that “beggars cannot be choosers” so the idea of getting an H1B visa instead of a greencard is better than nothing at all. I really am quite disappointed with the way immigration is being handled now, we sure got the end of the short stick. I really hope the CIR will be addressed soon.
HLG,
Your blog of today has totally confused most of us. Does your blog mean that there is no more hope for reintroduction 5924 and we have to now wait for the congress to allow filing of h1b application for qualified nurse. Please clarify
I think by the time USA think and decide on the nurses issue,CIR and other bills,many nurses must have reached their destiny that is other countries like Canada,Newzealand and Australia Because they are accepting nurses with open arms – with out terms and conditions and above all with out making them wait so long like how US does.
As days goes people will really get tired of this never ending drama which royally started in 2006.US is really loosing the best nurses.
They’ll wait for another large-scale disaster to happen until they’d act, just like in Sept. 11, 2001…at the cost of American lives…Bad things/actions/decisions have their own way of returning the favor one way or the other…
to those RN swho were filed on h1b,has anyone of you got their approval already?
To Rajani, Stanley etc.
Now you are required to withdraw your comments againt my previous blogs. See what is happening now. Where is the new version of old HR5924?
Sorry to say that proposal is alredy dead.
H1B is no use for RN’s. Only the H1B person can work. The spouse or dependants on H4 cannot work. You cannot even get a home loan to buy houses. So I don’t understand why people are so hyped with H1B for RN’s. Only HR5924 or Schedule A will help RN and thier families
snakerocks, that is soooooooooo true i just didn’t want to make my blog any longer just wanted to vent out my frustration for what Chris was implying in his posting.
Stanely, chillax! It’s chris’ fault for posting that comment about the H1B. All these are just reactions to the post. Of course we all still want immigrant visas and no less! If they are now discussing it well and good but what we’re just saying is that H1B is not good enough for us RNs we want Chris to get that loud and clear, no compromises, no sell off that’s all. These immigration lawyers might settle for anything just so they don’t lose their clientele, remember, no visas of any sort for RNs, no customers for them to process and right now that’s a big part of their income, from foreign RNs who want to come over here. We are with you in hoping that CIR will happen soon.
check this out regarding eb3 waiting time
http://www.dhs.gov/journal/leadership/2009/04/addressing-employment-based-visa-wait.html
Dear Chris,
Various comments from different persons are confusing the RNs like me. Could you kindly post a blog giving current situation of proposed Nurse Bill. Can we hope for a good news before end of this month? I will appreciate your guidance and comments. If I take up a job in other middle east country we have to give a bond of 2 years and will not allow us to resign prior to expiry of contract. Therefore, your views on prospects of nurse bill be highly appreciated. Smita RN
Hi Smita,
You may not get exact details.How they are going to address the current RN shorate? You don’t know! There are many rumours that a typical bill which may allow upto 50,000 GCs for RN’s will be introduced within a couple of days. Unfortunately these are only speculations by the immigration lawyers.
We all know that there were rumours last year about many bills and the most expected one, HR5924 didnot come out of immigration full committee.
What we can do at this moment?
Just to wait for the introduction and successful enactment of the much anitcipated new version (2009) of old HR5924.
If it will not help, then we have to wait till they enact the CIR, which may happen sometime in 2011.
Hello Avrankutty
Do you mean to say that the Americans and their government are more concerned about legalising illegal immigrants than the patient care? If the shortage of RNs reach – say about 300,000 by 2011, do they still wait for CIR to get passed? If the President passess the Healthcare Reform Bill by June I hope the requirement of RNs will double or tripple than today’s requirement.
Any way, let us hope HLG will post an updated blog shortly.
God Forbid where are the nurses if there is an outbreak of swine flu in all states. I think it is time to act now and minimized filibustering. It’s pretty scary at this time coz the economy is about to recover but it won’t because this swine flu tends to hinder economic activity. This is really a perfect storm or even a nice end of the world story. Add world war 3 then it is chaos.
Hi Smita,
If we closely analyse President Obama’s last month’s comments, we can get a clear picture of what is being happened. He said ” Resovling Nurses shortage is not that complicated and the notion that we need to import foreign nurses makes no sense. People who cry for special immigration law for nurses donot understand that we can produce more nurses domestically”.
So, what is next?
Two more solutions:
1) Hope for Comprehensive Healthcare Reform to include a special clause to ease the visa restrictions on foreign nurses. Unfortunately, till now there is no such proposal exists. Immigration attorneys are keeping quiet on this particular issue. It has to be noted that the main purpose is to bring all uninsured americans to some sort of state sponsored insurance cover. So, there is no hope for RNs.
2) Wait for CIR. I am sure all pending cases will become current when CIR is passed. They intend to start debate in the congress by end of this year. Ofcourse, they will start discussions soon but in the committee level. It may pass after a long debate somewhere in 2010 and actual enactment will be by end of 2010 or early 2011.
There is nothing we can do at this moment. Just to pray and wait for a special bill for RNs or to wait for Healthcare Reform and expect for a provision for more foreign nurses or lastly wait for CIR. I think the chances for first two options are very low but definetly CIR will provide relief for foreign RNs.
This is nothing but the truth.
Hello Chris,
Please note that the following bloggers are using abusive languages. The one ‘SENTI’ and the other ‘STANLEY’. Both are Indians who are racists. I never provoked them.
Please note that Mr. SENTI used an abusive (very offensive) local lanugage word in his comment against me. Please don’t allow them both STANLEY and SENTI to use this blog.
Note: To Mr. SENTI, Please refrain yourself from making such abusive languages. You are a Keralite (indian) and you people are just not RN’s but married to nurses who are working in some middle east countries. 99% of Indian nurses never use blogs or chat rooms. They are mostly illiterate in Information technology. So their husbands who are mere clerks/office boys in the middle east scramble around the net to get some info so that they can rest in peace while their RN wifes work in the US and earn money for them. Lazy creatures!
I am not an RN but working in the HR dept of a recruiter, You got it!
Chris,
I will never show up again in this blog. I am hurt because some stupid Indians use very offensive and abusive local language (in this case Mr. Senti used a malayalam word). It is a crime in India and in the USA. If I ever get him, I will procecute him. He deserves atleast one year in the prison. These Indians are spoiling the names of Indian RNs.
Thank you and good bye
hello chris
when are you going to update us on nurses bill?we are desperately waiting for the good news.
thanks
Hello HLG,
May I request you to remove the blog where people are stating that 99% of the Keralite RN's are illetarte in Information & Technology. The writer claims he works for a recruiting company's hr department. Is he not aware that majority of the hospitals in the world are computerised. The writer has assumed that RNs husbands are working as office boys or clerks. On what basis is he writing this comments?
The writer is insulting the RNs and their spouces which he has no business to do and this blog is not meant for that.
please tell me somebody.i am waiting for fee bill from NVC. my hus is in usa. if i go with H4. shall i get greencard once retrogression lift.
Hello Chris & Team
Can we expect a good news on introduction of the nurse bill before International Nurses Week i.e. 6th May to 12 May.
Please update us.
http://www.tennessean.com/article/20090426/BUSINESS01/904260341/1003/NEWS01
Good article about waiting for nurses. It says in the article about introduction of nursing relief this week. Don’t know how true it is!!!!!
Hi Smita & Others:
I'm happy to delete any comments that are racist or otherwise inflammatory if you point me to the comment. My personal experience is that these people are looking for the reaction, and so the best thing to do is just ignore them.
As for the more important news, we should finally have our long-desired bill dropped in the very near future.
Chris
Thank you Chris. We totally agree with your views and look forward to hearing on the long awaited bill. Many thanks for your sincere efforts.
Smitha – RN
“As for the more important news, we should finally have our long-desired bill dropped in the very near future.
Chris”
Dropped???? do you mean they are not going to do anything about nurses this year?
Hi everyone,
I closely listen to this blog since quite sometime, knowing there is a lot we can learn. Please allow me to share my piece this simple way and be free to positively comment or correct any erroneous line.
The United States offered some opportunities of immigrating where RNs and families are one of it. We tap this opportunity following a certain immigration law and prove to be worthy of their entry seal.
Despite the odds, the United States have had come up with clearly defined laws and guidelines on how to go about it.
As an example, the shift from Schedule A to EB3 was well and technically, say legally expected since sked A had reached its well established limits…and EB3 has all the legality and requirements to embrace it.
However, a shift(if any) from EB3 to H1B for RNs shall be totally different and shall behave as follow:
1. Absolutely NOT APPLICABLE to RNs who have existing I140 closed/completed cases prior to any shift.
2. May be applicable only after a period with a clearly defined cut off after properly enacting the shift into law.
Oppotunities come and go but we have our own share in the making…wherever is the demand we zoom and capitalize on it. When it is disappearing, we should adopt the appropriate paradigm shift…
What is most important is that we share whatever good vision or good news at hand…
In this tough times of TESTS we need the virtue of patience and respect for our own dignities and that of others.
The United States is doing their very best to address this issue on top with other priority concerns. Rest assured, the coach can only delay the game by calling out frequent time outs, but there will be no changing of the rules at he middle of the game, it shall culminate with the existing rule at hand. So be at peace and have the virtue of patience…
For all of those who are in the pipeline(completed cases), let us wait for the wonderful day of the promised land where we can contribute the most of our potentials… it will definitely be there.
For all of those who are still aiming for opportunities, reflect on the right one. I have witnessed opportunites come and go… but I made use of what I discern is the best, and let go of others…
What important is how all of us can be at peace and contribute to the harmony of others…bickering and fighting are signs of continous growth, but as soon as we reach the level of maturity, we find time to listen…a time to understand, and a time to love our brothers and sisters regardless of race, religion,ethnicity, and watever differences, we are still one.
Each one of us possess that great potential of contributing peace and joy as one citizen of this world.
Have the blessings of peace and love and continue to share the good news now and then, and be always HOPEFUL of what you believe!
Haee man.. “Mr AVARAN” I got it.That’s what I told you, you are not a RN. now I get confirmation from you . Don’t tell about IT , this blog not at all for IT professionals. If you talk about IT , I am 100% sure I got more education in IT than you. Mr. Avaran why you are crying for this silly things. Like LKG students complaining to her/his teacher. To Avaran, for your attention, I am not only a Nurse. I am a IT professional too. After completing My Diploma in Computer Science and Engineering (polytechnic) , I joined for Nursing. There was a reason for that , My husband he is RN, After my marriage he instructed me to join for Nursing. Now we both are in nursing field. I completed , my RN/NCLEX, CGFNS everything. And also MCSE, you may not understand what is this , may be you never seen a RN with MCSE certification. If you want more clarification I can provide my telephone number or personal mail id to you. Myru is not bad word , we malayali nurses commonly using this word, while get irritated.
So thanks for your commnts for illiterates.
Idiots, can you stop fighting each other. we are not here to fight with people AND FOR GETTING KNOWLEDGE AND INFORMATION WHICH YOU PEOPLE ARE NOT DOING. I FEEL THAT IF YOU ARE NOT TEACHING ME SOME GOOD THINGS TODAY, I MAY NOT BE INTERESTED IN READING YOUR COMMENTS. i FELT THIS WITH BOTH AVRAN AND SENTI. SO PLEASE STOP SENDING ANYTHING WE AS A GROUP FEEL THAT YOU ARE NOT GIVING ANY VALUE ADDITION TO US EXCEPT SOME NONSENSE
Hello Friends,
Let us forget about the past and decide to ignore undesired comments as suggest by Chris.
With the grace of God, perhaps from next week onewards we can anxiously watch the progress on debate/mark up etc. on the most expected bill. The information from various corners are that the nurse bill is most likely to be intrdoduced this week.
Smitha..smitha. which one is duplicate?
As for everyone I think Cris is 100% right, just ignore any comment. As for the important news, cris had writen it should finally will come and I hope it will be as near as this month of May. Hehehehe just wishing.
I really love reading this blog, It is very informative and entertaining. God bless you all and pray always so God will answer our deepest desires (retrogression will end this may). Amen
Chris,
I heard that the long awaited Nurse bill is probably going to be introduced today in the house. Is this information correct?
Moleee SMITAaeee….
I accept your feelings, I stoped the comments on “out of topic”.
But, do not avoid my comments before, I wrote it for you “SMITA” and Mr AVARAN.
Hello Chris,
What happened on the proposed bill? No luck this month!! Please at least update us
Hi Chris,
congress has started addressing the issue of CIR.What benefits, if any,are there for RN’s should this bill pass?
HELLO HLG,
IS THE MUCH TALKED INTRODUCTION OF NURSE BILL DEAD AGAIN.
PLS UPDATE
@Unni & Others:
Don't take the lack of comments on a Sched A bill to mean that it's dead. It is being worked, I assure you.