Raise the H-1B Cap

Many members of the Class of 2007 effectively received deportation orders and lost their post-graduation jobs last week when it was announced that the supply of a key type of work visa had dried up in a single day—months before all but a handful of Harvard students could apply. The federal policy of cutting off educated and productive workers from overseas isn’t only unfair to those across the world who want a share in the American dream—it’s a bad policy for those of us who already live here. The federal government should dramatically raise the Congressionally-mandated cap on the H-1B high-skill work visa if not lift the cap entirely.

To many highly-educated professionals around the globe, America has long been a beacon of opportunity. Unfortunately, the United States has become a victim of its own popularity: last week, U.S. Citizenship and Immigration Services reported receiving 133,000 applications for H-1Bs on the first possible day, filling the cap of 65,000 more than two times over. Those lucky enough to have submitted an application will be entered in a lottery. But everyone else—including thousands of college seniors across the country who have yet to complete their graduation requirements—will be sent home to reapply next year.

This is a misguided policy because high-skill immigrants and guest workers contribute tremendously to our economy. For instance, one-third of Microsoft’s domestic employees are foreigners. And a 2004 study revealed that more American-born Intel Science finalists had parents who came to America on an H-1B visa than had domestically-born parents. Congress must recognize that the halo effect around these talented, innovative workers benefits the entire American economy. If we turn H-1B applicants away, they will take their training and high-paying jobs elsewhere—and shape global markets from places outside of the United States.

What’s more, foreign students studying in the United States must obtain a visa if they are to continue their work here after graduation. While there is a separate pool of 20,000 visas for internationals who earn advanced degrees from American universities, international college students have no recourse. Last week’s announcement sent these students scrambling to obtain other visas or make alternate post-graduate plans. After investing in these foreign students by giving them places in American universities, it is absurd to turn them away when they ask to stay and contribute to America.

Our policy has not always been so restrictive. During the dot-com boom we experienced high demand and raised the cap to 195,000, a level that was never reached. Congress, however, let the cap fall back to 65,000 in 2003. Since then it has been reached progressively earlier each year as demand has increased—first in August, then in May, and now in early April.

There is already bipartisan support for a measure that would push the cap on visas upward and create an automatic-adjustment system so that Congress is not several years behind in reacting to increased visa demand. But bickering and politicking over the comprehensive immigration package have left this important component dead. Congress must not let the health of the most productive part of our economy fall victim to political games. Congress should act swiftly to raise the cap immediately, if not abolish it altogether.

Meanwhile, this year’s situation is an emergency. Congress must realize that workers turned away may be a permanent loss and must respond by issuing additional visas for this year as soon as possible. Harvard administrators—along with leaders of higher education across the country—ought to use their clout to inform lawmakers about plight of international students and lobby for an increase in the cap.

Microsoft chairman Bill Gates, testifying to Congress about the H-1B shortfall, said that “America’s immigration policies are driving away the world’s best and brightest precisely when we need them most” thanks to a cap that “is arbitrarily set and bears no relation to U.S. industry’s demand for skilled professionals.”We agree. America would be foolish not to lay out the welcome mat for highly skilled workers.