July 17, 2008

Dear Member of Congress:

As U.S. employers, education institutions, and trade associations representing the future of American innovation, we are writing to urge your support for three bills that will make necessary incremental adjustments to the employment-based (EB) green card system.  The measures – H.R. 6039, H.R. 5921 and H.R. 5882 – enjoy bipartisan support and should be enacted without delay this year.

America’s scientific and technological leadership is at a crossroads.  To remain the world leader in innovation, U.S. employers must have access to much-needed and sought-after highly educated talent – including scientists, researchers, teachers and medical professionals.  Foreign-born professionals make great contributions to the U.S. economy and create good, high-paying jobs for all Americans.

U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in America.  Yet, despite the critical importance of these visas, Congress has failed to address the well documented backlogs in the EB green card system that leave some foreign-born, highly educated professionals waiting over six to 10 years to receive a permanent resident visa.   

The three bills will address many shortcomings in the EB green card system.  For example:

• H.R. 6039, by exempting highly educated, foreign-born students earning an advanced degree in science, technology, engineering or mathematics from a U.S. university from the annual EB green card limit, would help U.S. employers retain these talented individuals in the U.S. workforce.  For example, foreign nationals comprise half of the master’s and 70 percent of the Ph.D.s in electrical engineering from U.S. universities.

• H.R. 5921 will help put an end to multi-year wait times by eliminating unduly restrictive per country limits on EB green cards.

• H.R. 5882 will help to reduce visa backlogs by “recapturing” EB green cards from prior years that went unused due to government processing delays and making them available immediately to those who meet the requirements. 

Without these incremental reforms, U.S. employers will continue to be crippled in the global competition for the world’s best talent, as more and more extremely valuable professionals from around the world take their education and abilities to competitors abroad. 

While permanent reforms for the EB green card system will be critical to U.S. employers’ long-term ability to hire and retain key worldwide talent, H.R. 6039, H.R. 5921 and H.R. 5882 are common sense, incremental reforms that should be enacted this year.  We again urge your support for these important measures.

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April 21, 2008

United States House of Representatives
Washington, D.C.  20515

Dear Representative:

As representatives of both employers and workers, we come together to voice our strong opposition to an enforcement-only approach to immigration reform, and we therefore oppose the discharge petition on H.R. 4088, the Secure America Through Verification and Enforcement Act (SAVE Act). 

For close to a decade, we have advocated for sensible, long-term reform of our nation’s immigration laws.  We certainly agree that enforcement measures are a crucial part of immigration reform; however, any immigration legislation should include solutions to the other equally pressing aspects of the national crisis surrounding workers who contribute to key sectors of our economy.

We share specific concerns with the SAVE Act.  For example, Title II of the SAVE Act, if enacted, would exacerbate the current problems with the existing voluntary government basic pilot program.  It would run the risk of displacing hundreds of thousands of authorized U.S. workers, with inadequate protections for employers and workers.  It would also be extremely costly, according to an analysis this month from the Congressional Budget Office. 

In summary, we are opposed to the discharge petition on H.R. 4088.  Instead, we urge the House to consider a broader range of urgent reforms that will serve our economic, security, and other core national interests.  We are prepared to continue to work with all involved, and we thank you for your consideration. 
Sincerely,

The Essential Worker Immigration Coalition

Compete America

Service Employees International Union (SEIU)

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April 18, 2008

The Republican Study Committee urges Speaker Pelosi and Majority Leader Hoyer to bring to the floor legislation increasing temporary, high-skilled, legal immigration to the United States.

View the letter with the full list of signatories.

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February 27, 2008

Dear Madam Speaker and Representatives Boehner, Blunt and Hoyer:

Compete America, a coalition of corporations, educators, research institutions and trade associations, wishes to thank the leadership of both parties for the strong recognition you have expressed that the United States Congress must reform its programs for high-skilled immigration if we are to remain a world economic and innovation leader. Under the Speaker’s leadership, the House Democrats’ Innovation Agenda highlighted the need to “[e]nsure, as part of bipartisan and comprehensive immigration reform, that the best and brightest in the United States and around the world are able to contribute to innovation here.” House Republican leaders have emphasized this same point, noting in an October 2007 letter to the Speaker that “[w]e must enact legislation that allows U.S. companies to attract and retain high-skilled workers to contribute and excel in the U.S. economy without unnecessary delays and waiting periods. Members on both sides of the aisle have supported this in the past and we’re confident they will again.” The need is clear; the support strong and bipartisan.

We agree absolutely with these points and therefore write to voice our strong support for a bipartisan package of reforms that responds to the critical needs of our economy and society. We are very concerned about the potential for Congress to consider an enforcement-only immigration bill.

We certainly agree that enforcement measures are a crucial part of immigration reform. Enforcement-only legislation, however, would not address many of the most pressing aspects of the national crisis surrounding our immigration system, especially for U.S. employers who need access to highly-skilled professionals in order to remain competitive. Congress instead must address immigration reform more thoroughly, including reforms to the legal immigration system, whose H-1B visa and employment-based (EB) green card programs are woefully inadequate to meet our nation’s economic needs.

Any immigration legislation that Congress considers this year must, among other reforms, respond to the immediate need for improved access to highly-skilled foreign professional talent, to ensure the United States maintains its competitive advantage and continues to be the world's leader in innovation. We must ensure that access to highly skilled immigrants is aligned to market demands, and we must address processing delays and backlogs that harm the American economy. Today’s arbitrary and unrealistic limits on H-1B visas and employment-based green cards sends the message that America’s doors are closed and that these highly-skilled individuals, many of whom have been educated in U.S. universities, should look for opportunity elsewhere.  In just a few short weeks, for example, the U.S. government will begin to accept applications for H-1B visas for Fiscal Year 2009.  As was the case last year, not only is the annual supply of H-1B visas virtually assured to be exhausted on the very first day applications are accepted, half of those applying will lose out in the visa lottery, denying U.S. employers access to tens of thousands of highly skilled and badly needed professionals who could contribute to economic growth and job creation in this country.

Certainly, enforcement measures should be considered as part of a broader, bipartisan package, but we urge Congress to consider closely the effectiveness of these proposals.  For example, provisions in the Secure America through Verification and Enforcement Act (the SAVE Act, H.R. 4088) raise very important concerns.  Specifically, title II of the SAVE Act would rest workforce verification reform on the nationwide expansion – on far too accelerated a schedule – of a now-voluntary government electronic verification program that does not come close to the scale, accuracy, or safeguards that would be needed for a successful national program. 

In summary, we are very concerned about the potential for Congress to consider an enforcement-only immigration bill and instead urge the House to consider a package of urgent reforms that will help the U.S. remain the world leader in innovation and serve our economic, national security and other core national interests.
Sincerely,

Robert Hoffman
Co-Chair, Compete America

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October 22, 2007

Dear Madame Speaker and Majority Leader:

We are writing to request that the House of Representatives take action this year to resolve the immediate talent crisis that is facing U.S. employers. The United States is strugglign to produce enough highly skilled, highly educated experts in fields that are absolutely essential to American competitiveness: science, technology, engineering, mathematics, and others. Meanwhile, our outdated visa programs for the most highly skilled workers from abroad are hopelessly out of line with the needs of the U.S. economy.  U.S. employers have no way to get the talent they need, and our country’s competitive edge is at risk. There are many legislative reforms that could be taken, both short and long term.  If America is to remain a worldwide leader in innovation, the New Democrat Coalition strongly believes Congress must act to alleviate the talent crisis before we adjourn this year.

The main visa category that U.S. employers rely on for critically needed experts – the H-1B visa – is in such short supply that, last spring when applications could first be filed for this year’s visas, all of the visas for the entire year ran out in a matter of hours. So many applications were filed for so few visas that the government literally held a lottery to decide which workers would join the American workforce.  Over half of the U.S. employers in the lottery wound up losers. This is no way for the world’s economic leader to stay ahead in the race for the world’s best talent.

The green cad situation for the highly skilled is no better. Today, in many key employment-based green card categories, a visa slot is only available to those who started the permanent residence process five or more years ago. The U.S. cannot expect to remain the top destination for the world’s most talented students and professionals when prospects for a green card remain distant spots on the horizon, especially when competing countries abroad are welcoming these experts by making it easier, not harder, to gain permanent residence.

This crisis is eroding U.S. job creation and is dulling the U.S. competitive edge. In the long term, Congress must resolve this crisis through a series of reforms, including:

• Modernizing student visa programs;
• Aligning the supply of H-1B visas for professional workers with the needs of U.S. employers so that the visa supply can respond to market demands;
• Bringing the supply of employment-based green cards into line with the needs of U.S. employers;
• “Recapturing” authorized but unused green card numbers; and
• Strengthening agencies’ ability to enforce visa program rules and punish violators.

It goes without saying that our nation must find ways to educate and train our own workforce in these critical fields, and hiring skilled American workers should remain a priority for American businesses.  Raising the skill level of the American workforce is the most critical part of America’s long-term competitiveness strategy for meeting the needs of our global economy – and accomplishments in this area, including passage of the COMPETES Act, are a major first step. Forward-looking immigration reform, however, can both alleviate the shortage in the near term and provide increased funding, through visa fees, for retraining and educating the U.S. workforce.

If the U.S. is to remain first in the field in innovation and global competitiveness, we must take some action this year to find a short-term solution to this ongoing talent crisis.

We also urge that the U.S. House of Representatives take action to provide short-term fixes to help address other pressing workforce needs critical to America’s small and seasonal businesses, farmers, and hospitals by:

• Extending the existing exemption of returning seasonal or temporary workers, who have received an H-1B visa in one of the three previous fiscal years, from counting against the 66,000 H-2B visa cap;
• Recapturing approximately 61,000 unused EB3 visas from 1996-1997 that will provide approximately 25,000 visas for registered nurses and physical therapists; and
• Simplifying and expediting the H-2A visa approval process for agricultural workers.

The New Democrat Coalition stands ready to work with you to accomplish these goals before Congress adjourns this year.

View the letter with the full list of signatories

September 27, 2007

Dear Speaker Pelosi:

On behalf of Compete America, a coalition of corporations, trade associations, and educators, and other undersigned organizations and companies, we urge Congress to remain focused on taking steps this year to address the highly-skilled immigration crisis facing U.S. employers by reforming the H-1B visa and employment-based green
card systems.

As you know, highly educated foreign professionals play a significant role in allowing the United States to maintain an innovative edge over its global competitors. However, our outdated immigration system has made it harder and harder for qualified foreign talent to come to and remain in this country and contribute to our nation’s
intellectual capital and economic well-being, which, ultimately, poses a serious threat to our global leadership position.

Consider that in April of this year, the U.S. Citizenship and Immigration Services (USCIS) received over 133,000 H-1B visa applications for only 65,000 available slots for fiscal year 2008 – on the very first day applications could be accepted. This arbitrary, unrealistic cap sends the message that America’s doors are closed and that these individuals, many of whom have been educated in U.S. universities, should look for opportunity elsewhere. In most cases, those opportunities will be with our foreign competitors.

The H-1B visa program is often used as a temporary step toward permanent resident status for top talent, with the ultimate goal being the attainment of an employmentbased (EB) green card. Yet, the shortage of available EB green cards and the massive backlog of pending applications are equally as dire as the H-1B shortage. Those seeking an EB green card can face delays of up to five years or more, leaving them in professional limbo. Furthermore, the existing backlog serves as a major impediment for companies’ recruitment and retention efforts of qualified professionals who wish to remain and work in the United States.

Policymakers have recognized the important contributions of these individuals and the imperative of reforming our highly-skilled immigration system. We were pleased to see these issues addressed as part of the comprehensive immigration reform legislation debate in the Senate, and were disappointed when, in the end, it failed to pass a final
bill with these provisions. Despite this outcome, we remain optimistic that there are further opportunities for action on these issues this year. We understand that the House will not be taking up a comprehensive immigration reform bill but would urge you to work with your colleagues to identify other appropriate legislative vehicles for alleviating this growing crisis.

We greatly appreciate your strong commitment to improving the competitiveness of the United States. Over two years ago you traveled across the country to work directly with leaders in the technology community to create The Innovation Agenda. Since then, you have demonstrated your commitment to keep America competitive in the world economy and you have recognized that allowing the best and brightest minds to come to the U.S. is an important component in achieving this goal. We understand you have many competing public policy priorities to address in the coming months and hope that highly-skilled immigration reform will remain at the top of your list.

View the letter with the full list of signatories

May 7, 2007                           

Dear Member of Congress:

On behalf of Compete America, a coalition of corporations, educators, research institutions and trade associations, we urge Congress to put an end to our nation’s growing crisis in highly-skilled immigration by fixing our broken H-1B visa and employment-based (EB) green card systems this year. 

The H-1B program provides employers with visas for recruiting highly educated foreign professionals into our workforce.  The program grants only 65,000 visas per year – the same amount provided when it was first established in 1990, plus an additional 20,000 visas for those holding an advanced degree from a U.S. university.  This arbitrary and anachronistic limit does not reflect the reality of today’s global economic environment and increasingly works against our nation’s competitiveness. 

As you may know, last month, the U.S. Citizenship and Immigration Services (USCIS) announced that the fiscal year 2008 allotment of H-1B visas was met on the very first day applications were accepted.  This clearly demonstrates that reform can no longer wait.  The status quo imperils America’s innovation leadership and competitiveness, allowing foreign competitors to benefit from the best minds the world has to offer – many of whom have been educated right here in the United States.
This year USCIS received more than two applications for every available visa. Thus, employers who filed on the first day have less than a fifty percent chance of securing a visa number for the foreign talent they seek.  Instead, they had to rely on a “lottery” process to secure their foreign employees.  Moreover, if they lose the lottery this year, the earliest they will be able to place their prospective employee on the payroll is October 1, 2008 – a full 18 months from now. 

For many U.S. employers, the H-1B is an interim step to permanent resident status.  The shortage of employment-based permanent resident visas, known as EB green cards, is just as severe as the H-1B visa shortage.  The EB green card program is essential if we are to retain highly-skilled professionals who are already here contributing to our economy.  However, most EB green card applicants face delays in excess of five years, and these delays are getting worse, not better.  Furthermore, massive, multi-year backlogs in the green card program are causing a severe recruiting and retention crisis for employers. 

The provisions included in Title V of the “STRIVE” Act, which was recently introduced by Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ), as well as the Securing Knowledge Innovation and Leadership (SKIL) Bill introduced in the Senate and House by Senator John Cornyn (R-TX) and Congressman John Shadegg (R-AZ) respectively, represent positive steps toward meaningful reform.  Specifically, these reforms would ease access to visas for students in key fields of expertise in our universities, streamline the process of moving talented college graduates into permanent residence and a stable place in our workforce, and establish H-1B and green card limits that are consistent with our country’s economic security.  We urge Congress to enact these provisions.

We cannot take our position as the world’s innovation leader for granted.  As Congress moves through the process of comprehensive reform of our immigration laws in the coming weeks, we urge your support for provisions that address our nation’s highly-skilled immigration crisis.  We believe doing so will encourage job creation, increase economic growth, and enhance U.S. global leadership.

View the letter with the full list of signatories

November 13, 2006

Dear Member of Congress:

As the 109th Congress approaches adjournment, we urge you to complete action on an issue of critical importance to U.S. competitiveness - remedies for the outdated and counterproductive H-1B visa and employment-based (EB) green card programs.

U.S. employers are unable to hire any additional highly educated H-1B visa workers until October 2007 - even if these sought after individuals may have received advanced degrees from U.S. universities. Moreover, EB green card processing backlogs continue to force tens of thousands of valued employees - including scientists, teachers, engineers and medical professionals - into legal and professional limbo for years. The need for action in 2006 is urgent.

The undersigned organizations urgently request your support to ensure that U.S. businesses and universities have continued access to necessary talent, and for the U.S. to remain the world's innovation leader. We urge Congress to pass the provisions that would relieve the drastic H-1B and EB green card problems before adjournment.

To remain competitive in the future and to help keep jobs here in the United States, U.S. employers must be able to recruit and retain highly educated workers, many of whom have been educated and trained at our own universities. Never before has our country been in such a fierce worldwide competition for top talent. Our competitors have stepped up efforts to attract these workers, while the current U.S. visa system prevents U.S. businesses, universities, medical institutions and research centers from doing the same.

Thank you in advance for your support of this critical issue. If we are serious about remaining the world's innovation leader, we must fix our broken employment-based visa system, and we urgently request your support for reform this year.

To learn more about the U.S. competitiveness crisis, please visit www.competeamerica.org.

View the letter with the full list of signatories

The Honorable John Cornyn
United States Senate
517 Hart Senate Office Building
Washington, D.C. 20510

Dear Senator Cornyn:

On behalf of Compete America, a coalition of more than 200 corporations, universities, research institutions and trade associations, I am writing to thank you for your continued leading efforts to preserve American competitiveness by improving and streamlining immigration programs for highly educated, foreign-born workers. The reforms to both the H-1B visa and Employment Based (EB) "green card" processes that are proposed in your "SKIL" - Securing Knowledge Innovation and Leadership - bill will help U.S. companies continue to drive innovation and economic strength by allowing them increased access to some of the world's brightest minds, many of whom have graduated from U.S. universities with advanced degrees. We applaud your efforts and thank you for showing leadership on this critical issue.

As you well know, both the H-1B and EB visa programs have been responsible for bringing much needed foreign talent to the United States who have made great contributions to our economy, only adding to our prosperity. However, neither system is working. H-1B shortages are well documented, and green card backlogs persist, at times up to five years beyond typical application processing. This is exceedingly unfair to hard-working, valued members of the American workforce who may be forced to return home or seek employment with our competitors. It is also disruptive to U.S. companies and our economy, which only harms our ability to compete in the world marketplace.

The sound policy solutions contained in the SKIL bill show that you understand the connection between highly educated foreign talent and U.S. competitiveness. By protecting U.S. employers' ability to continue hiring these talented, foreign-born professionals, your bill will both enhance our global competitiveness and create more good jobs here at home for all Americans, which will strengthen our economy and workforce so that we may continue to lead the world in technology and innovation.

Again, thank you for your leadership on this critical issue. Please contact me at 202/637-3133 if I may be of any assistance.

Sincerely,

Sandra J. Boyd
Chair, Compete America

VIA FACSIMILE

March 14, 2006

The Honorable Arlen Specter
United States Senate
Washington, D.C. 20510

Dear Chairman Specter:

As the Senate Judiciary Committee considers potential landmark legislation to reform America’s immigration policies, I write on behalf of Compete America to urge you to use this opportunity to enhance U.S. competitiveness by reforming both the H-1B visa and Employment Based (EB) “green card” processes to allow U.S. employers greater access to highly educated foreign talent.

History has shown that America benefits from the contributions of highly educated foreign nationals, whether they are here on temporary H-1B visas, or as permanent residents. Both the H-1B and EB visa programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to our economy and our global competitiveness.

Unfortunately, neither system is working. H-1B shortages are well documented, and the backlogs in the green card system are only getting worse, forcing thousands of valued foreign-born professionals – including researchers, scientists, teachers and engineers –into legal and professional limbo for years.

The members of Compete America urge you to embrace the provisions contained in the Chairman’s mark and correct the shortcomings of both the H-1B visa and EB visa programs in the immigration reform legislation now under debate. Any new legislation should include:

• a market-based cap on H-1B visas;
• exemptions from EB caps for an expanded group of workers that are needed for their knowledge or contributions to innovation in fields like science, technology, engineering and mathematics (STEM);
• an easing of visa requirements for prospective foreign students seeking to pursue advanced degree study in the U.S.; and
• a direct path to green cards for advanced degree graduates of U.S. universities.

It is imperative that the Judiciary Committee reject any attempt to weaken these provisions through amendment.

U.S. employers cannot continue to wait while our foreign competitors are increasing their efforts to attract some of the world’s top talent – who all too often are foreign students graduating from U.S. universities. In many critical STEM disciplines, 50% or more of the post-graduate degrees at U.S. universities are awarded to foreign nationals. It is counterproductive for the U.S. to train foreign scientists and engineers and then send them home to compete against American businesses. Without relief, U.S. employers will have a difficult time hiring the talent needed to remain competitive, and continue as the world leader in technology and innovation.

Compete America is a coalition of more than 200 corporations, universities, research institutions and trade associations committed to ensuring that the United States has the talent necessary for continued innovation, job creation and economic expansion in a worldwide economy. I would very much look forward to discussing these issues with you at your convenience. Please contact me at 202/637-3133 if I may be of any assistance.

Sincerely,

Sandra J. Boyd
Chair, Compete America

October 3, 2005

Dear Member of Congress:

As we begin Fiscal Year 2006, America’s long-term economic health must be at the forefront of our nation’s legislative agenda. On behalf of Compete America, a coalition of more than 200 corporations, universities, research institutions and trade associations committed to ensuring that the United States has the talent necessary for continued innovation, job creation and economic expansion in a worldwide economy, I am writing to alert you to several issues that we believe pose a significant threat to U.S. competitiveness and economic security.

Leading business and scientific organizations recently warned that the United States is in danger of losing its innovative edge. Lagging student interest in math, science and engineering, coupled with a pattern of reduced government investment in basic research in the physical sciences are troubling indicators for the future. These disturbing trends must be reversed.

As we continue efforts to grow our pipeline of American scientists and engineers, we need to enable U.S. companies recruiting at U.S. universities to have access to all the graduates – including foreign students. For example, in electrical engineering, 56 percent of master’s and 66 percent of the PhD graduates of U.S. programs in 2004 were foreign students. We should open the doors wide to these talented individuals. Unfortunately, current U.S. Government policies are going in the exact opposite direction. If U.S. businesses are not able to hire or retain these employees, our overseas competitors will.

As an example of the growing problem, on August 12, 2005, the U.S. Citizenship and Immigration Services (USCIS) announced that the entire FY 2006 allotment of H-1B visas had been exhausted. The announcement was unprecedented, as it came nearly two months prior to the beginning of the new fiscal year – signaling both the significant demand for highly educated workers in many specialized professions and a growing competitiveness problem for America.

This is the seventh time since 1997 that the cap on H-1B visas has been reached before the end of the fiscal year. This is the second year in a row that it has been reached on or before the start of the fiscal year. U.S. employers need predictability – something the current system does not allow.

The green card process also needs reform to enable employers to hire and retain the best qualified individuals in sufficient numbers. Compete America believes that those individuals with the education, experience, knowledge and skills critical to U.S.

competitiveness in the 21 st Century should be granted priority permanent resident status. Such reforms would significantly assist U.S. employers in retaining that talent, as well as alleviate the overwhelming demand for H-1B visas.

USCIS’ efforts to reduce application backlogs have created another problem – unavailability of permanent visas, frequently called “green cards.” As of October 1, 2005, the State Department has set the clock backward – adding years to the wait for a green card for thousands of foreign professionals from countries such as India, China and the Philippines. The impact of the new restrictions will make it nearly impossible for these highly educated and skilled workers to gain permanent residence in the United States in the foreseeable future. Moreover, the recent unavailability of visas will force thousands of professionals to put their lives on hold, with the inability to change jobs, locations or employers.

To make matters worse, many of these professionals – including researchers, scientists, teachers and engineers – will see their wait for permanent residency drag on for many more years. Our system of backlogs, delays and unpredictability is discouraging and unwelcoming, forcing many valued employees to seek employment in other nations. This is not only disruptive to U.S. employers and our economy, but exceedingly unfair to hard-working, valued members of the American workforce. Access to this talent keeps innovation and jobs in the United States.

I have attached a recent Compete America press release with further information on the H-1B issue, as well as recent editorials from the Wall Street Journal and the Miami Herald that offer excellent analyses of the competitiveness issues America must address if we are to secure our long-term economic security. I also invite you to review two recent white papers that take a comprehensive look at the issues surrounding American competitiveness. Tapping America’s Potential and the National Association of Manufacturers’ 2005 Labor Day Report are available at www.competeamerica.org and www.nam.org.

I would very much look forward to discussing these issues with you at your convenience. Please contact me at 202/637-3133 if I may be of any assistance.

Sincerely,

Sandra J. Boyd
Chair, Compete America

VIA FACSIMILE

The Honorable Michael Chertoff
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Chertoff:

Last month, Compete America wrote to you to express our concerns about how the U.S. Citizenship and Immigration Services was intending to process applications for 20,000 supplemental H-1B visas.

These additional visas were approved by Congress in November, 2004 to provide an immediate remedy to the H-1B visa crisis by exempting up to 20,000 foreign students with advanced degrees granted by U.S. universities from the annual H-1B cap.

While Congress was very clear in its intent that these additional visas be reserved for recipients of Masters and Doctorate degrees from U.S. universities, USCIS announced plans to award the visas on a first-come-first-served basis to any generally qualified H-1B applicant.

We have since received assurances from USCIS that the agency has reconsidered this decision, and will honor Congressional intent. However, more than one month after the statutory deadline of March 8, 2005, USCIS has yet to make a formal announcement.

This delay is the source of considerable confusion and hardship for applicants and employers alike. Clear guidance on procedure for the supplemental H-1B visas that Congress and the Administration recognized as of critical importance to American competitiveness is now necessary if the program is to have any positive impact.

We urge you to direct USCIS to clarify the current situation and adhere to the intent of Congress at the earliest possible date.

Compete America is a coalition of more than 200 corporations, universities, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.

Thank you for your consideration. Please contact either Sandy Boyd at the National Association of Manufacturers 202/637-3133 or Lynn Shotwell at the American Council on International Personnel 202/371-6789 if we may be of assistance in this matter.

Sincerely,

Sandra J. Boyd
Chair, Compete America

March 10, 2005

The Honorable Michael Chertoff
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Chertoff:

I am writing on behalf of Compete America a coalition of more than 200 corporations, universities, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy. We are very dismayed at an announcement made earlier this week by the U.S. Citizenship and Immigration Services regarding its intended procedure for processing applications for 20,000 supplemental H-1B visas.

The additional visas were made available by Congress last year to provide an immediate remedy to the H-1B visa crisis. Senate and House negotiators agreed on language that would exempt up to 20,000 foreign students with advanced degrees granted by U.S. universities from the annual H-1B cap. Congress was very clear in its intent that these additional visas be reserved for recipients of Masters and Doctorate degrees from U.S. universities.

An agency statement released on March 8, however, indicates that USCIS intends to make the additional visas available on a first-come-first-served basis to any generally qualified H-1B applicant - which amounts to little more than a lottery.

Statements USCIS issued last fall regarding the procedures that would be used to distribute the 20,000 new visas clearly illustrate that the agency understood Congress' intent to make these supplemental visas available solely to those candidates meeting the Masters and PhD degree requirement.

The agency's decision to reverse its position on the allocation of the additional visas is troubling at two levels. First, it seems to ignore Congressional intent. Second, it shows blatant disregard for the business planning process. Companies across the country have made staffing decisions over the past four months based on the agency's original statements. The about face by UCSIS is exacerbated by the fact that the agency is not accepting applications for the additional visas-despite the fact that Congress told them to make the numbers available on March 8, 2005.

We urge you to instruct UCSIS to reverse course and adhere to the intent of Congress. Please contact either Sandy Boyd at the National Association of Manufacturers 202/637-3133 or Lynn Shotwell at the American Council on International Personnel 202/371-6789. We would be pleased to speak with you at your convenience.

Sincerely,

Sandra J. Boyd
Chair, Compete America

November 10, 2004

Dear Member of Congress:

We are writing to urge Congress to take prompt action this year on a critical workforce issue that threatens to undercut U.S. competitiveness and job growth. The Department of Homeland Security announced on October 1, 2004, the first day of the fiscal year, that the FY 2005 H1-B quota was already exhausted. Essentially, U.S. companies will have no ability to hire highly educated foreign nationals for one full year. The timing couldn't be worse. Just as the economy recovers and companies work to keep and expand jobs in the United States, our ability to hire the talent we need is stymied. While only a small percentage of our workforce is on H1-B visas, we believe these talented individuals are critical to our organization's ability to compete and succeed.

America is experiencing profound demographic and structural shifts in its technical workforce. While our economy has become more dependent on medical, scientific and engineering talent, fewer U.S. students are pursuing advanced degrees in these fields. The shortfall has been made up in large part by foreign nationals, many of whom are now actively involved in advanced research in universities and laboratories across the country. It is imperative that U.S. industries, universities, hospitals and research facilities have access to these highly qualified individuals. And it is counterproductive to force these individuals, most of whom have multiple job offers, to return home or to work for our overseas competitors.

Exempting individuals with advanced degrees from American universities from the H-1B cap and finding a more direct path to obtaining a green card is critical to U.S. competitiveness and to securing America's technological future. All of our organizations are actively engaged in efforts, often in conjunction with the federal government, to increase the pipeline of American students pursuing degrees in this field. But it's a long road and will not be accomplished overnight.

We urge you to act this year to address this immediate concern.

Sincerely,

October 1, 2004

Dear Member of Congress,

We are writing to urge Congress to take prompt action on a critical issue that threatens U.S. competitiveness and job growth - the pending exhaustion of the H-1B visa allotment.

Based on new numbers released by the Department of Homeland Security this month, it appears that the FY 2005 numbers will be exhausted soon after the new fiscal year begins on October 1, 2004. Essentially, U.S. companies will have no ability to hire highly educated foreign nationals for nearly one full year.

A logical and immediate remedy would be to exempt foreign students receiving advanced degrees from U.S. universities from the H-1B cap. In many critical disciplines - including math, science and engineering - over 50 percent of the Masters and PhDs awarded by U.S. universities go to foreign nationals. This is a critical talent pool that U.S. businesses and research institutions cannot afford to lose to foreign competitors. Indeed, we should encourage these individuals to stay. Even some opponents of the H-1B visa agree that America should keep this talent here by providing a more direct route to a green card. We agree, yet other proposed remedies would not accomplish this goal.

In May of this year, the National Science Board reported that while the U.S. remains the global leader in scientific research and development, the future is uncertain. The NSB's biennial study concludes that the shrinking U.S. science and engineering labor force is an "emerging and critical problem" for the U.S., along with competition from other nations that place a priority on science education. For example, the study shows that the United States now ranks 17th among nations surveyed in the proportion of its 18-24-year-olds earning natural science and engineering degrees. In 1975, the United States ranked third.

The NSB report also pointed out that foreign nationals with advanced degrees comprise an increasing share of the science and engineering workforce, largely because they stayed in the U.S. after earning their advanced degree. This is a structural shift that has been masked by the unprecedented growth of the 1990s and the incredible demand it spawned for highly educated professionals. The cyclical nature of the economy does not negate the fact that the United States is not producing enough American scientists, doctors, engineers and educators. These American-trained professionals, who must apply for an H-1B visa to stay in the United States, have a long history of contributing to America's economic success. By helping to develop new products and services, conducting cutting-edge research, developing new medical treatments, and enabling companies to expand their client base, they create jobs for American workers and help drive our economy.

Opponents of the H-1B visa often point to the "cheap labor" argument as a reason to deny entry to highly educated foreign professionals. This argument has no merit. U.S. employers are required by law to pay all H-1B employees at the higher of the prevailing or actual wage paid to U.S. workers. If employers abuse the system, they should be punished. No evidence exists to show that this is a common problem. In fact, a recent study by Dr. Paul Harrington of the Center for Labor Market Studies at Northeastern University presents evidence from the National Science Foundation that foreign computer, math, science and engineering graduates of U.S. universities at the bachelors, Masters and PhD level earn the same average wage as their U.S. citizen counterparts. We invite you to review a presentation by Dr. Harrington to a Business Roundtable audience on September 15, 2004, at www.businessroundtable.org.

Finally, it is also important to note that through legislative action, Congress can reinstate the fee structure formerly paid by businesses submitting H-1B applications. From 1998 through 2003, these employer-paid H-1B visa fees totaled more than $692 million. The fees have helped the federal government to provide training to more than 55,600 U.S. workers and to fund scholarships for more than 12,500 U.S. students in science and engineering.

While many of the world's top scientists, engineers, researchers, and educators are U.S. citizens, others are not. Compete America believes it is fundamental to the United States' economic interest to provide world-class education and job training, and to have a secure and efficient immigration system that welcomes highly-educated and talented professionals to our nation.

Compete America, a coalition of more than 200 corporations, universities, research institutions and trade associations, is committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy. We urge you to support an H-1B exemption that would allow the United States to retain the highly educated talent trained in our universities, and to help keep and create jobs in America.

Sincerely,

Sandra J. Boyd Chair,
Compete America