On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) began accepting U.S. employer petitions for H-1B workers, marking the beginning of “H-1B filing season” for the government’s 2013 fiscal year. With an annual limitation on H-1B petitions and filings far outpacing the two most recent years,1 employers are soon to find themselves at a precarious standstill preventing them from hiring foreign workers essential to business growth. Given that recent indicators suggest promising advances throughout numerous sectors of the American economy, it is crucial that our immigration policy promote economic development and feed employer needs for skilled workers. One of the most complex and regulated areas of immigration law, the H-1B classification is an important piece of our immigration system. Year after year, however, the current allocation of H-1B numbers has proven to be inadequate.
Immigration opponents argue that the H-1B classification undermines the American labor market and threatens our national security. They have called for stricter scrutiny of the H-1B classification and reductions in annual quotas. Such measures, however, would deprive American businesses of the talented foreign workers who are critical to their success and further deter foreign investment. As we reach peak H-1B filing season, this article will review the H-1B classification and process, historical usage of H-1Bs relative to U.S. economic trends, and the overall usefulness of limiting H-1B availability.
H-1B Classification
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