Scott Fitzgerald is a Boston-based immigration expert and Partner at Fragomen Worldwide. In a telephonic interaction with Deccan Herald'sFurquan Moharkan, he said the provisions in the proposed Grassley-Durbin ‘H-1B and L-1 Visa Reform Act’ would be damaging to Indo-US ties, even though he saw little chance of the Bill's passage.
How do you think the proposed legislations, Grassley-Durbin Bill and I-Square Bill, are going to impact the US economy?
I don’t think that they are going to be passed. The Speaker of the House, Paul Ryan, announced that no immigration Bill would be reviewed in House of Representatives until President Obama’s term ends. So I don’t think there would be much impact on the economy.
Are the loud complaints against H-1B visa abuse rooted in reality or just a perception problem?
I am sure that there are instances where certain companies are violating the law but there are strong mechanisms for the government to implement the law. So, I think the law provides sufficient safeguards to protect US workers.The question is whether certain companies break the law and get away with it. Though I think in most cases, companies aren’t doing anthing illegal.
Many in the US are very critical of Indian IT companies leading H-1B allocations. What is your view?
The provision in the Grassley-Durbin Bill that limits the number of H-1B workers to 50 per cent of the workforce, is specifically targeted at Indian companies.
And I think the Indian government is going to have a lot to say about it. And they are going to be quite upset about it. Having said that, the question is not an immigration question, it is an outsourcing question of whether or not we have problems with certain companies outsourcing functions.
What is the public consensus and the corporate consensus on the proposed legislations in the US?
The public consensus is that we are outsourcing and off-shoring US technology jobs, which is true. Off-shoring is causing a lot of concern. Because people get a degree in the US but struggle to get a job. The question is whether or not we want to stop that process. In my opinion we are not going to stop it. But I completely understand why people are upset and it’s going to take redistribution of talent to provide the US workers with some of the skills that are absent.
How do you foresee the impact of passing of Grassley-Durbin bill on Indo-US ties?
If the legislation is passed, as it has been tabled, then I think it would be damaging to the Indo-US relations. I think it will result in a protest from the Indian government.
How is the Indo-American community perceiving this legislation? Any signs of protests from them?
I don’t think legislation is necessarily targeted at Indo-Americans or India. But it is the reality that the majority of individuals who utilise the US business immigration system are Indians. So I think this would, for sure, upset them. I think it is directed at stopping outsourcing. As for protests, I would think that it would instead come from Indian businesses through organisations like the India-US Business Council and Nasscom.
How would you advise Indian IT companies to strategise in anticipation of these legislations?
They need to be completely compliant and make sure that they have systems in place to show the government that they are completely compliant with the requirements of the H-1B visa program. I think it is a misconception that these H-1B workers are coming to the US to replace US workers, with lower wages. Both Indian and US IT companies need to bring these H-1B workers to facilitate the processes.
So there is dearth of talent in the US and the impact of the influx of H-1B workers has been positive?
There is no doubt that lot of companies depend on the H-1B visa program to recruit talent. The really upsetting fact is, if you are a US graduate, then you have a very little chance of getting an H-1B visa. The solution to that is we ought to increase the H-1B cap, as proposed in the I-Square Bill.
Timeline
1921
May 19: Emergency Immigration Act of 1921, the Immigration Restriction Act of 1921, the Per Centum Law, and the Johnson Quota Act enacted
1968
June 30: Immigration and Nationality Act(Hart–Celler Act) enacted
1990
November 29: Immigration Act of 1990, national reform of the Immigration and Nationality Act of 1965 enacted, setting an annual cap of 65,000 on new 3-year H-1Bs
1998
October 21: American Competitiveness and Workforce Improvement Act enacted
2000
October 17: American Competitiveness in the 21st Century Act
2004
December 6: H-1B Visa Reform Act of 2004 enacted as part Consolidated
Appropriations Act
2009
February 17: Employ American Workers Act enacted
2015
January 13: Immigration Innovation Act of 2015 was introduced in Congress
November 10: H-1B and L-1 Visa Reform Act introduced in Congress
Published 21 November 2015, 18:07 IST