The Positive Side of Immigration
Green Cards, Not Guest Workers
Ed Perkins, Chair
IEEE-USA Career and Workforce Policy Committee
e.perkins@ieee.org
Vin O’Neill, IEEE-USA
Senior Legislative Representative
v.oneill@ieee.org
2007 Annual Meeting “Capitalizing on Global Opportunities”
31 August – 3 September
Scottsdale, AZ
Presentation Outline
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Importance of Highly Skilled Immigrants
Foreign Participation in STEM Workforce
Visa Programs for STEM Professionals
IEEE-USA Position
Pending Federal Legislation
Conflicting Interests
2
The Positive Side of Immigration
3
Foreign Born Scientists and Engineers
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Alex Graham Bell
Albert Einstein
Enrico Fermi
Edward Teller
Nikola Tesla
Werner Von Braun
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4
Anousheh Ansari
Sergey Brin
Andy Grove
Vinod Khosla
Linus Torvalds
Jerry Yang
Recent Contributions by Immigrants
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25% of new tech companies founded between 1995 and 2005
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26%of international patent applications in 2006
50% of international patents filed in 2006 by multi-nationals,
including:
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Qualcomm (72 percent)
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Merck & Co. (65 percent)
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General Electric (64 percent)
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Siemens (63 percent)
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Cisco (60 percent)
41% of patents filed by the U.S. government
Source: Kaufmann Foundation
5
Foreign Born STEM* Professionals
Participation in US Workforce
STEM Professionals
Numbers
% Native
% Foreign
Math & Computer Scientists
3,010,546
82%
18%
Engineers
1,704,862
84%
16%
Physical Scientists
361,486
75%
25%
Life Scientists
217,308
77%
23%
Social Scientists
341,983
90%
10%
All STEM Professionals
7,030,867
83%
17%
All professional specialties
21,368,000
90%
10%
All employed workers
136,891,000
88%
12%
Source: US Census, 2000
* STEM = Science, Technology, Engineering, and Mathematics
6
Foreign Born STEM Professionals
Major Countries of Origin
STEM Professionals
Math & Computer Scientists
Engineers
Physical Scientists
Life Scientists
Social Scientists
All STEM Professionals
India China FSS Phil Mex Other
24% 17% 5% 7% 4% 43%
12% 16% 7% 4% 3% 58%
12% 25% 3% 6% 1% 53%
11% 29% 5% 2% 2% 51%
7%
8% 3% 4% 3% 75%
17%
Source: US Census, 2000
FSS = Former Soviet States
8
16%
5% 5% 4% 53%
Immigration to the United States –
Principal Paths to Entry
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Permanent (Immigrant) Admissions
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Temporary (Non-Immigrant) Admissions
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~ 1 million per year
Family-sponsored, employer-based, refugees, diversity
~ 30 million per year
Business, employment, study, travel
Illegal (Undocumented) Admissions
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
~ .5 – 1 million per year
40% Visa overstays, 60% Illegal entrants
Source: Numbers USA Education and Research Foundation
9
Administration and Enforcement
Responsibilities are Fragmented

Department of Labor
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Department of Homeland Security
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US Customs and Immigration Service
Immigration and Customs Enforcement
Department of State
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Office of Foreign Labor Certification
Wage & Hour Division
US Embassies
Bureau of Consular Affairs
Department of Justice
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Executive Office for Immigration Review
Special Counsel for Unfair Immigration-related Employment
Practices
10
Permanent (Immigrant) Admissions By
Visa Categories
Immigrant Visa Categories
Limits Admits Percent
Immediate relatives of citizens
418,522
Family-based preferences
480,000 214,355
Employment-based preferences 140,000 155,330
Refugees and asylees
119,592
Diversity immigrants
55,000
50,084
Totals
44%
22%
16%
13%
5%
675,000+ 957,883 100%
Source: US DHS, Office of Immigration Statistics, 2004
12
Employment-Based (EB) Admissions
by Visa Preferences
Admissions Preferences
Limits Admits* Percent
Priority workers (extraordinary)
Advanced degree professionals
Bachelors degree professionals
Special immigrants
Employment creating investors
40,000
40,000
40,000
10,000
10,000
31,291
32,534
85,969
5,407
129
20%
21%
55%
3%
--
Totals
140,000 155,330
100%
72,550
82,780
47%
53%
*
Principals
Dependents
Source: US DHS, Office of Immigration Statistics (2004)
13
Employment-Based (EB) Admissions
By Country of Origin
Leading Countries of Origin
Admissions
Top Five
India
China
Philippines
Korea
Mexico
39,743
18,539
7,435
7,398
3,269
3,102
55%
26%
10%
10%
5%
4%
All others
Totals
32,807
72,550
45%
100%
Source: DHS, Office of Immigration Statistics (2004)
15
Percent
Immigrant Admissions - Issues and
Concerns (Pros and Cons)

Pros:
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Provides a clear path to citizenship – unlimited mobility
and opportunity
Immigrants and citizens compete on a level economic
playing field
Green card holders (LPRs) have the same basic rights
as citizens (except the right to vote)
Cons


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Numbers are restricted – inflexible admissions ceilings
and per country limits
Administrative complexity, backlogs and delays uncertain results (EB backlog 1,181,505 in 2006)
Increasing dependence on temporary (non-immigrant)
admissions
16
Temporary (Non-Immigrant)
Admissions
Visa Categories
Admits
Percent
Short Term Temporary Visitors
(for Business and Travel)
Students and Exchange Visitors
Temporary Workers
Treaty Traders and Investors
Other temporary admissions
27,395,921
88%
935,196
831,715
182,934
1,435,564
3%
3%
1%
5%
Total temporary admissions
30,781,330
100%
Source: DHS, Office of Immigration Statistics (2004)
17
Temporary Work Visa Programs
Admissions
Work Visa Programs
Admits
Percent
Specialty Occupations (H-1B)*
Intra-company transfers (L-1)
386,821
314,484
47%
38%
27,127
66,219
37,064
3%
8%
4%
831,715
100%
Extra-ordinary ability (O-1)
NAFTA professionals (TN)
Other temporary workers
All temporary workers
Source: DHS, Office of Immigration Statistics (2004)
18
H1-B Fact Sheet
Term


3-years, renewable for 3 more years (for a total of 6 years)
Visas issued to employers, not workers
Visa Cap




65,000 per year (1992-1998)
115,000 per year (1999 -2000)
195,000 per year (2001-2003)
65,000 per year (since 2003)*
Exempt

H-1B workers employed by higher educational institutions,
non- profit research organizations and government laboratories
are not subject to the cap
Note* - 20,000 H-1B visas per year are reserved for use by foreign
professionals with graduate degrees from US schools
19
H-1B Temporary Work Visa Petition
Approvals
Petition categories
Approvals
New Employment
Subject to cap (65,000)
Exempt from cap
Continuing Employment
(Renewals)
Total H-1B petitions approved
130,497
71,740
58,737
156,921
45%
25%
20%
55%
287,418
100%
Source: DHS, Office of Immigration Statistics (2004)
20
Percent
H-1B Worker Education
Bachelors
48%
B
Masters
35%
Associate
1%
Other Prof
5%
PhD
11%
21
Distribution of H-1B Skills
Based on Employer OCS* Petitions, for Computer Related Fields
5%
5%
8%
Level 1
(Entry Level)
Level 2
Level 3
56%
31%
Level 4
(Expert Level)
Skill levels are OES skills, as
defined on H-1B applications.
Level 1 is entry level.
John Miano, Low Salaries for Low Skills. (Washington, D.C.: Center for Immigration Studies, 2007)
*OCS – Occupational Classification System, U.S. Department of Labor
22
H1B Top Countries of Origin (2004)
9%
4%
46%
4%
3%
34%
23
India
China
Canada
Philippines
Korea
All Other
New H-1B Workers by Occupation: 2004
24%
Computer
44%
Engineering
Administration
10%
Education
All other
11%
11%
24
Numbers of New H-1B Visas
1992 - 2005
250,000
200,000
150,000
100,000
50,000
19
92
19
93
19
94
19
95
19
96
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
0
25
USCIS Office of Immigration Statistics
Unemployment Trends for Electrical
Engineers and Computer Scientists
6.0%
5.0%
Percent
4.0%
3.0%
2.0%
1.0%
Managers
Computer
Engineering
Professional
All Workers
0.0%
2000
2001
2002
2003
Year
26
2004
2005
2006
Median Compensation for New
H-1B Workers, by Occupation
(not adjusted for inflation)
$60,000
Computers
$55,000
Engineering
$50,000
Education
$45,000
Medical
$40,000
Managerial
$35,000
Life
Science
$30,000
2001
2002
2003
2004
Source: USCIS, Office of Immigration Statistics
27
2005
Distribution of H-1B Wage Claims
For Computer-Related Professions
50%
45%
40%
35%
30%
27%
25%
25%
25%
20%
15%
14%
15%
15%
10%
9%
10%
10%
5%
10%
0%
0%
0 - 9%
10% - 24%
25% - 49%
H-1B
50% - 74%
75% - 89%
90% - 99%
U.S.
Source: Miano, John. “Low Salaries for Low Skills.” Washington, DC, Center for
Immigration Studies. April 2007
28
Major Employers of H-1B Workers:
2000 and 2006
Rank
1
2
3
4
5
6
7
8
9
10
Top 10 Users - 2000
Top 10 Users - 2006
Motorola
Oracle
Cisco
Mastech
Intel
Microsoft
Rapidigm
Syntel
Wipro
Tata
Infosys
Wipro
Cognizant
Patni
MPHASIS
HCL America
Deloitte & Touche
Tata
Accenture
Satyam
Source: DOL, Office of Foreign Labor Certification
29
Employer Sponsorship: H-1B Visas
and Green Cards in 2006
Company
H-1B
GC Yield: GC / H-1B1
INFOSYS Technologies Ltd.
22,590
99
0.44%
WIPRO Ltd
19,450
69
0.35%
Cognizant Technology Solutions
11,330
40
0.35%
Patni Computer Systems, Inc.
9,922
29
0.29%
MPHASIS Co.
9,908
39
0.39%
HCL America, Inc
9,128
14
0.15%
Deloitte & Touche LLP
8,367
323
3.86%
TATA Consultancy Services Ltd.
7,528
1
0.01%
Accenture LLP
7,253
21
0.29%
Satyam Computer Services Ltd.
7,235
55
0.76%
Microsoft Corp.
4,471
1,181
26.41%
IBM Corp.
3,649
83
2.27%
30
H-1B Visas - Key Issues and Concerns
(Pros and Cons)

Advantages (for employers)
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Access to a global pool of skilled professionals
Serves as a transitional visa (path to citizenship)
Facilitates onshore and offshore outsourcing
Disadvantages (for US and foreign professionals)
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

Nominal safeguards – recruitment, wages, displacement
Limited oversight and enforcement
Facilitates onshore and offshore outsourcing
31
Temporary Student Visa Programs
(FY 2004-05)
Educational Visas*
Visas Issued
Percent
Academic Students (F-1)
Exchange Visitors (J-1)
Vocational Students (M-1)
255,993
303,822
5,975
45%
54%
1%
Totals
565,790
100%
Note*: 8% of all Temporary Visas issued
Source: DOS, Bureau of Consular Affairs
32
Foreign Student Degree Levels
Bachelors
Degree
31%
Associate
Degree
12%
Graduate
Degree
46%
Other
11%
33
Student Demographics
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



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Fields of Study
Business
Engineering
Computer Sci
Health Care
Education
Other

20%
18%
10%
5%
3%
54%





34
Regions of Origin
Europe
Asia
South America
North America
Other
41%
40%
8%
5%
6%
Student Visas - Key Issues and
Concerns (Pros and Cons)

Pros


Substantial contributions to STEM education,
teaching and research, especially at the
graduate and post-doctoral levels
Cons

Admissions ceilings, per country limits and
return home requirements often deter foreign
students from adjusting to immigrant status
35
IEEE-USA Policy Recommendations
Ensuring a Strong High Tech Workforce Through Educational
and Employment-Based Immigration Reforms




Increase the availability of employment-based (EB) visas and
streamline the immigrant admissions (Green Card) process
Allow foreign students with advanced degrees in STEM fields from
US schools to adjust directly from student visas to Green Cards
Reform the H-1B temporary work visa program – Require all
employers to try to recruit US workers; to use the program to
supplement, not replace, American workers; and pay H-1B
workers, market-based wages.
Expedite visa processing for short term visitors
Adopted by IEEE-USA Board of Directors on 15 June 2007.
36
Major Legislative Proposals and
Outlook: 110th Congress (2007-2008)

Comprehensive Immigration Reform Bills

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High Skills Admissions Expansion Bills
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Include border security, interior enforcement, workplace
verification, new temporary work visa programs, legal
admissions reforms and earned legalization provisions
HR 1645 (STRIVE Act) – Gutierrez/Flake
S 1348 (Bipartisan Compromise) – Kennedy/Cornyn
Include EB, H-1B and F visa provisions
S 1083 (SKIL Act) - Cornyn
HR 1930(SKIL Act) - Shadegg
Temporary H-1B and L-1 Visa Reform Bills


S 1035 - Durbin/Grassley
HR 2538 (Defend the American Dream Act) - Pascrell
37
Conflicting Interests and Perspectives
Employers
Workers
Others
Business and
Industry
Professional
Societies
Advocacy
Groups
Educators
Immigrants
Individuals
Immigration
Lawyers
Organized
Labor
Think
Tanks
38
Sources of Information

Congressional Budget
Office

Compete America
www.competeamerica.org
www.cbo.gov

Congressional
Research Service
Immigration Voice

www.immigrationvoice.org
www.loc.gov/crsinfo


Government
Accountability Office
Economic Policy
Institute
www.epinet.org
www.gao.gov
39
The Positive Side of Immigration
Green Cards, Not Guest Workers
40