Contact: Mary Jane Collipriest, 202-224-5444, Washington, DC 20510

FOR IMMEDIATE RELEASE      February 09, 2000

Bennett Supports Legislation Increasing H1-B Visa Caps

Bill will allow American employers to hire more job-creating high-tech professionals

"As the high-tech industry expands at unprecedented rates, its leaders look at the demands in their work force and note that the question is not whether the work will get done, but rather where it will get done -- in the U.S. or overseas," said Bennett. "I'd like to be part of the effort that ensures that the work get done here, that future generations of great ability -- skilled high-tech professionals with masters and PhDs – live here in the U.S., contributing to American employers, communities, schools and the American future. This legislation is necessary in order to include these workers in the continuing American Renaissance."

The "American Competitiveness in the 21st Century Act," sponsored by Sens. Orrin Hatch, Phil Gramm (R-TX), Slade Gorton (R-WA) and Spence Abraham (R-MI), will allow U.S. high-tech companies and other employers to have access to key personnel in an increasingly tight global market for talent. The legislation would increase visa allotments for foreign professionals by 80,000 in the year 2000; 87,500 in 2001; and 130,000 in 2002. It would also exclude from the numerical limitation individuals who are employed by universities and those with MBA degrees and PhDs.

Republicans led the effort last year to pass similar legislation increasing the H-1B visa cap from 65,000 to 115,000 in 1999 and 2000 and 107,000 in 2001. Because of the rapid growth of companies and innovation, that cap increase was not enough to meet the growing demand for talent. The 115,000 visas were depleted by June 1999 and will likely be used up even earlier this year.

Following are specifics of the American Competitiveness in the 21st Century Act:

• Temporary Increase in Visa Allotment for Skilled Professionals. In addition to the number of H-1B visas issued or individuals authorized H-1B status, the bill increases the number by 80,000 for FY 2000, 87,500 for FY 2001, and 130,000 for FY 2002.
• Education and Training. The additional visas will generate more than $150 million over three years for training and scholarships for U.S. workers and students through the $500 per visa fee that originated in the 1998 legislation.
• Assist Universities and Research Facilities. Creates exemptions from the cap for universities, research facilities, and graduate degree recipients to help keep in the country top graduates and those who help educate Americans.
• Enforcement. Maintains the increased fines, attestations, increased DOL investigative authority and other enforcement measures passed into law in 1998 and extends the provisions through FY 2002. Mandates that visas found to have been issued fraudulently be returned to the pool of visas for that fiscal year.
• Per Country Limit. Modifies the per country limit on employment-based immigrant visas to eliminate the discriminatory impact of the limit under current law.
• Increased Portability of H-1B Status: Allows an H-1B to change employers at the time a new employer files the initial paperwork, rather than having to wait for the new H-1B application to be approved.
• Relief from Lengthy Adjudications: Addresses inordinate delays in labor certification and INS visa processing by allowing an individual to stay on their visa until a decision is made on their case – rather than being forced to leave the country – if more than one year has elapsed from the date they filed their labor certification application. Only individuals whose labor certification applications are approved shall be eligible for the extension.

Study by National Science Foundation on "digital divide."

http://bennett.senate.gov/