Campaign 08: H1-B questions for candidates

Consistently throughout U.S. history, immigration has been a divisive topic. Cultural biases, misconceptions, racism and fear continue to influence both opponents and proponents of various immigration policies. The solution requires productive dialogue to identify and address multiple economic, social and political interests.

As the presidential election and debates approach, it’s the perfect time to consider what questions about the immigration system should be asked of the candidates. An abundance of rhetoric has continued to color both sides of the debate while meaningful extrinsic data is almost universally ignored. For example, Microsoft Corp. Chairman Bill Gates recently cited a survey by several universities that firms with at least one foreign-born founder created 450,000 new U.S. jobs in just 10 years. He also mentioned a study that showed five additional jobs are created for every H-1B visa holder hired by technology companies.

But due to the emotional nature of the issue, false mantras and knee-jerk responses rather than hard facts dominate the discussion. Mired in opposing positions, no one focuses on the most important issue: The outdated immigration system no longer reflects the changing needs of the United States. This situation should prompt many crucial questions for the presidential candidates. Their proposed solutions will have a direct impact on the day-to-day operations of companies that hire IT talent for years to come. Unfortunately, the key questions are simply not yet being asked:

• What will you do about the outdated immigration system that no longer reflects national needs?
• Will you seek to increase the H-1B cap so that employers can hire tech workers who are in low supply and high demand in the U.S.?
• How is today's existing legal system going to handle the potential influx of immigration applications for the processing of the roughly 12 million foreign nationals working illegally in the U.S.?
• What can employers expect in regards to post-legislation enforcement to avoid a possible workforce disruption or penalties for non-compliance?

It will take hard questions like these because the U.S. immigration system is so outmoded that it is virtually beyond repair. It requires complete rebuilding – not merely updating. This is especially true of its inability to meet the needs of U.S. businesses. The current system is based on premises that made sense in the 1950s but no longer apply in today’s highly competitive global economy.

Successful reform depends on a multi-pronged approach:

• Influential corporate and economic leaders must become involved in a high profile, data-based discussion of the issues.
• The next U.S. President must champion immigration reform and gain support for progressive legislation.
• The Federal government must support U.S. companies and their ability to fully staff high-tech operations, possibly by reconstructing the H-1B program to deliver the required number of visas while imposing restrictions that limit its use to its intended purpose.
• The Federal government must also encourage multi-national corporations to establish branches in the U.S., perhaps by expanding the L visa program to provide these companies with the opportunity to fully staff and develop operations.

No matter what solutions are ultimately devised, the price of doing nothing is becoming too costly in economic, social, and humanitarian terms. Focused dialogue with the presidential candidates on the most important and overlooked issue – the fact that the U.S. immigration system is outdated and often irrelevant – is the most effective and direct route to productive results.