New High-Tech Temporary Visa Law - Brief Article - Critical Essay

In October 2000, the American Competitiveness in the 21st Century Act of 2000 (S.R. 2054) was enacted, increasing the annual cap to 195,000 for each of the next three fiscal years on H-1B visas that can be requested by U.S. employers for highly skilled workers. Its accompanying bill (H.R. 5362) increases the filing fee from $500 to $1,000 for each H-1B visa application, to be used for education and training programs for U.S. citizens. The new law adds the number of unused visas from one year to the number available in the next years.

In addition, the process of obtaining a "high-tech" visa is speeded up by requiring that applications be processed no later than 30 days after petitions are filed.

Procedures for obtaining employment-based visas, and securing permanent resident status, are also addressed.

Finally, applicants for permanent residence who hold H-1B visas are permitted to remain in the U.S. until their applications are either approved or denied. Former law had required that applicants leave the U.S. when their visas expired.

Impact: This law will perm it employers with unfilled high-tech lobs to tap in to a foreign pool of qualified workers for the short term, particularly in the computer, nursing, and technology fields. It is hoped that eventually adequately trained US. citizens will fill these positions.

D. Diane Hatch, Ph.D., is a human resources consultant based in San Francisco. James E. Hall is an attorney with the law firm of Barlow, Kobata and Denis, with offices in Los Angeles and Chicago.

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