H1B Cap Update - September 1998
Posted Sep 4, 1998

The Law Office of Sheela Murthy has recently learnt that the H1B Bill addressing the cap issue will be coming up on the floor of the House on September 14, 1998. We urge all of you to have the companies/employers contact your Representatives either by letter or telephone call to ensure that they vote for the Bill to increase the H1B quota. For those who need sample letters to send the Senators and Representatives in your particular State, we have provided them below. These samples were also available in previous Immigration Law Bulletins of the Law Office of Sheela Murthy.

The "H1B compromise bill," H.R. 3736, which the House of Representatives was unable to consider before its summer recess, is scheduled to be debated on the House floor on September 14, 1998. IF YOU ARE AN EMPLOYER WITH PLANS TO HIRE H1s, or those employees who have any clout with your employers, NOW IS THE TIME TO MAKE YOUR VOICE HEARD! The Capitol switchboard number is: 800-504-0031. (The Operator can tell you who your local Representative is, and connect you with his/her office.)

In a related development, a representative of the American Immigration Lawyers Association (AILA) has informed us that INS believes that the H1B quota for the 1999 fiscal year may be filled by NOVEMBER 1998! If this is true, it means that those who need a new H1 Petition because they are subject to the cap could only start working from October 1, 1999! Needless to say, this will cause tremendous hardship to individuals and companies. It is particularly appalling when we realize that the Department of Labor has acknowledged that there is a shortage of approximately 350,000 computer related jobs and this shortage is supposed to increase over time.

Also express your opposition to another bill known as the "Watt substitute." The Watt substitute is strongly opposed by the business community because it includes onerous new recruitment requirements.

We have also provided, courtesy of AILA, the following sample letters for the House of Representatives and the Vice President. We have made minor modifications and of course, we would hope that each of us who are reading this Bulletin will take the time to send them out!

SAMPLE LETTER TO REPRESENTATIVES FROM EMPLOYERS:

The Honorable __________________
U.S. House of Representatives
Washington, D.C. 20515

Dear Representative _______________:

(Company name) urges your support for H.R. 3736, the compromise H1B bill that the House will debate on September 14, 1998. Given the current crisis facing our company and many thousands of American employers like us who have been waiting since earlier this year for access to highly skilled foreign professionals, it is important that you support H.R. 3736 and oppose any weakening amendments.

The H.R. 3736 compromise increases the number of H1B professionals for four years while providing protection for and funds to educate and train U.S. workers. If the numbers are not increased, the quota for the 1999 fiscal year may be filled by November 1998. H.R. 3736 will allow our company to continue to hire a small number of these skilled foreign professionals (many of whom we hire directly from American colleges and universities) without imposing impossible regulatory burdens. These professionals create American jobs and help our company remain competitive.

We also urge you to oppose the Watt Substitute. The provisions in this unbalanced measure would largely prevent our company from using the H1B program. This substitute is a step backward and shortsighted and would make it difficult for us to hire the skilled foreign professionals we seek due to shortages or special needs.

[If applicable, please state what the company will do if it were faced with the restrictions in the Watt Substitute, i.e. choose not to sponsor H1B workers and postpone or scrap business plans costing jobs and revenue, move operations overseas, etc.]

H1B professionals generate American jobs and help our nation to remain globally competitive. Some examples from our company demonstrate the indispensability of H1B professionals for our operations and economic competitiveness.

(Describe your company's operations and at least one situation where an H1B worker contributed tremendously to your operation. Such examples include situations where the employee was central to a project that created jobs, developed a new product, or enabled you to enter a new market. Be as specific as possible.)

Again, we urge you to:

- Vote for H.R. 3736

- Vote against the Watt Substitute

- Vote against a Motion to Recommit

Thank you for your anticipated cooperation which will benefit America to become an even greater nation. If you have any questions, please contact me immediately at _____.

Sincerely,

President/CEO


SAMPLE LETTER TO THE WHITE HOUSE:

The Honorable Albert J. Gore, Jr.
Vice President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Mr. Gene Sperling
Assistant to the President for Economic Policy
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500

Dear Mr. Vice President and Mr. Sperling:

We strongly urge you to support H.R. 3736, the H1B legislation currently pending in Congress. We believe that the compromise bill worked out by House and Senate Leadership addresses the Administration's stated concerns about job protection and education and training programs, while still preserving a workable system that allows employers access to skilled foreign professionals. Given the current crisis facing American employers, who have been waiting since earlier this year for access to highly skilled foreign professionals, it is imperative that the President support this bill.

We are gravely concerned that your current position on this legislation gives fuel to anti-immigrant forces who pit immigrants against those born here by alleging that immigrants displace American workers and are harmful to the nation. H.R. 3736 is both pro-business and pro-immigrant. H1B professionals, much like legal immigrants sponsored by families or those admitted as refugees, have already made and will continue to make vital contributions to our society, our economy and help to strengthen America. We would hope that, especially after this compromise has been reached, the Administration will support of this pro-immigration legislation.

The H1B program:

- Allows American employers to hire a very limited number of highly specialized and skilled professionals (H1B workers).

- Enables U.S. companies to remain competitive in today's global marketplace. The H1B program not only keeps jobs here in the U.S., but also creates more jobs for Americans.

H1B professionals have already made while others will continue to make important contributions to our society and our economy. The compromise H.R. 3736 bill offers a workable balance between competitiveness and caution. It would allow employers to continue to be able to hire these skilled foreign professionals without imposing impossible regulatory burdens.

I urge the Administration to support and the President to sign H.R. 3736 into law at the earliest opportunity. We need to make America an even greater nation!

Thank you.

Sincerely,

President/CEO

All of us know of the delays and problems caused by the H1B quota for new H1B Petitions having been met on May 12, 1998 for the fiscal year 1998. This may be our last chance. I hope we can do it together. United We Stand!