Article: AILA on Reaching of H-1B Cap

Thursday, June 1, 2006

George Tzamaras


Once Again Arbitrary Cap is Damaging US Businesses Ability to Hire Global Talent

WASHINGTON DC, JUNE 1 – The U.S. Citizenship and Immigration Service
(USCIS) announced today that it has met the 65,000 H-1B congressionally
mandated cap for the 2007 fiscal year, which means that companies that
need workers with critical skills will have to wait more than a year
before they can obtain this needed expertise. “This is unprecedented.
It marks the second year in a row that the H-1B cap has been
prematurely reached said Deborah J. Notkin, president of the American
Immigration Lawyers Association (AILA). “It is another example of the
country’s broken immigration system and why we need Congress to pass
the Senate’s comprehensive immigration bill which solves this annual

“It’s just more bad news for American employers,” continued Notkin.
“The exhaustion of this fiscal year’s H-1B visas impedes growth and
innovation, and makes it more difficult for U.S. businesses to stay
competitive. Some employers are sending work overseas, because there
are not enough qualified Americans. A workable H-1B program with an
increased initial limit and flexibility to adjust the limit based on
economic conditions would give U.S. employers access to the talent they
need and help retain jobs in America diminishing the need for

The H-1B nonimmigrant visa category allows U.S. employers to augment
the existing labor force with highly skilled international workers,
such as research scientists, to provide expertise to American companies
for temporary periods. H-1B workers are admitted to the United States
for an initial period of three years, which may be extended for an
additional three years.

The H-1B visa is utilized by U.S. businesses and other organizations
to employ international workers in specialty occupations that require
specialized expertise. Typical H-1B occupations include scientists,
architects, engineers, systems analysts, accountants, doctors, and
college professors.


Founded in 1946, AILA is a nonpartisan, nonprofit organization that
provides its Members with continuing legal education, information,
professional services and expertise. AILA advocates before Congress and
the Administration, as well as providing liaison with other government
agencies in support of pro-immigration initiatives. AILA is an
Affiliated Organization of the American Bar Association and is
represented in the ABA House of Delegates.

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