Issue Position: H-1B Visas

Issue Position

Providing the right types and numbers of visas for temporary and skilled foreign workers is an important part of immigration policy. Rep. Eshoo believes U.S. visa policy should be revamped to strike an appropriate balance by ensuring that American companies are not forced to relocate overseas to find adequate labor, protecting U.S. workers from having their jobs overtaken by a cheaper labor source, and integrating the best foreign talent to enhance our economy and our society.

The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations, such as engineering, mathematics, biotechnology, medicine and education. These visas grant residency for three years and are extendable to a maximum of six. Foreign workers must have their bachelor's degrees and are strictly limited to working for the employers sponsoring their H-1B visas. Currently, the annual cap on H-1B visas is 65,000 with an additional 20,000 H-1B visas set aside for those holding a master's degree or higher.

In 2008, the entire quota was exhausted before the end of the first day applications were accepted. While there has been a decrease in applications in 2009 and 2010, Rep. Eshoo believes there should be an ample number of visas every year to allow employers to fill their labor needs and the U.S. to capture the best and brightest of foreign talent. At the same time, there is need to reform H-1B visas. They must not be used by companies to undercut American wages or when American labor is available. It is why Rep. Eshoo supports stricter safeguards and oversight of the H-1B visa process.

For more information on the H-1B Visa program, including current eligible petitions and caps, visit the U.S. Citizenship and Immigration Services website.

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