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More than half a million foreign students attended US colleges and universities during the 2004-2005 academic year. Yet only a fraction of those students could obtain the controversial H1-B visas that allow them to work in US, despite continuing demand from employers and the students' desire to put their training to use.
Spurred by renewed focus on immigration policies following the 9/11 terrorist attacks, there have been major changes in the number and handling of work visas. But 9/11 did nothing to slow demand for workers in important high tech, science and engineering jobs, and that imbalance is now rippling across the economy.
According to the American Immigration Law Foundation, international students who graduate with a bachelor's degree may qualify for H-1B status. That allows them to work in a field related to their studies for up three years, plus a renewal of three more years. The H-1B visa is employer-sponsored and used for specialty occupations such as scientific research, laboratory work, mathematics or biotechnology.
The United States Citizenship and Immigration Service caps these visas at 65,000 per year. An additional 20,000 H-1B visas are available for graduates at the master's and PhD levels.
H-1B Visas Driven by Employer Demand
Applications by businesses and research institutions for H-1B visas have soared by more than a third in the past few years to approximately 140,000, according to a recent Salt Lake Tribune story. Visa wait times have passed one year, and the cap of 65,000 undergraduate visas for fiscal 2007, which begins October 1, 2006, was reached in May 2006 -- the earliest ever. Applicants not granted a visa last spring will have to wait another year.
"Having the ability to recruit and retain foreign-born talent, particularly after they have received an advanced degree from a US university, is critical to US competitiveness," says Sandy Boyd, vice president for human resources policy at the National Association of Manufacturers. "It is counterproductive to use US resources to educate and train foreign talent; then send these professionals abroad to work and compete against our economy."
The number of available H-1B work visas is dwarfed by the number of student visas granted to foreign students pursuing higher education in the US. During the 2004-2005 academic year, more than 565,000 international students pursued bachelor's or advanced degrees in the US. This compares to more than 191,000 US students who received college or graduate credit for study abroad during 2003-2004, according to the Institute of International Education.
Congress is considering legislation to raise the 65,000 H-1B cap to 115,000, while the US Chamber of Commerce is lobbying for 200,000 to 300,000. The Senate has passed a bill that would exempt graduates with so-called "STEM" (science, technology, engineering and math) degrees from the cap. The House of Representatives' immigration version is more focused on border security. The next legislative step would be to bring the two bills into agreement, but field hearings, a long recess, a crowded legislative calendar and the uncertain makeup of the next Congress all make passage uncertain.
Alternatives to Visa Backlog: Apply Early
"We're living in a global economy," says Urusula Oaks, a spokeswoman for the National Association of International Educators. "High tech industries need these people with knowledge and skills. Our system doesn't work. We're losing students in these important fields. Employers are frustrated. Lots of countries, including competitors like Germany, Australia, Britain and Canada, want these people and have less arduous procedures."
Oaks notes that while STEM fields have received the most attention, with companies like Microsoft fighting for skilled workers, "in five years there may be different fields in which talented employees are needed. All fields are valuable in our economy. H-1B is a lump number, regardless of need or the importance of a particular job. Whether you get a visa is a matter of where you end up in the pile. We need a broader solution."
While international graduates can apply for resident status (a "green card"), it is a long, complicated and backlog-filled process too.
"It sends a message to potential students that even if they come here to study, they may not be able to work here, even for a short time," says Boyd. "For graduates, the message is ‘thanks for coming, see you later.' This system makes no sense, especially when we're competing against countries that are much more welcoming."
What can international students do? "Plan ahead," recommends Oaks. "Figure out early what you want to do. Talk to employers in your field, and see what they're doing about H-1B visas. Then apply early for those jobs."
