Immigration

The Positive Side of ImmigrationGreen Cards, Not Guest Workers: 

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: 

Presentation Outline Importance of Highly Skilled Immigrants Foreign Participation in STEM Workforce Visa Programs for STEM Professionals IEEE-USA Position Pending Federal Legislation Conflicting Interests

The Positive Side of Immigration: 

The Positive Side of Immigration

Foreign Born Scientists and Engineers: 

Foreign Born Scientists and Engineers Alex Graham Bell Albert Einstein Enrico Fermi Edward Teller Nikola Tesla Werner Von Braun Anousheh Ansari Sergey Brin Andy Grove Vinod Khosla Linus Torvalds Jerry Yang

Recent Contributions by Immigrants: 

Recent Contributions by Immigrants 25% of new tech companies founded between 1995 and 2005 26%of international patent applications in 2006 50% of international patents filed in 2006 by multi-nationals, including: Qualcomm (72 percent) Merck & Co. (65 percent) General Electric (64 percent) Siemens (63 percent) Cisco (60 percent) 41% of patents filed by the U.S. government Source: Kaufmann Foundation

Foreign Born STEM* Professionals  Participation in US Workforce: 

Foreign Born STEM* Professionals Participation in US Workforce

 Foreign Born STEM Professionals Educational Attainment : 

Foreign Born STEM Professionals Educational Attainment STEM Professionals Bachelors Masters PhDs Math & Computer Scientists 19% 37% 45% Engineers 15% 29% 51% Physical Scientists 15% 25% 45% Life Scientists 8% 19% 45% Social Scientists 10% 11% 13% All Foreign Professionals 17% 29% 38% Source: National Science Foundation, Science and Engineering Indicators 2004

Foreign Born STEM Professionals Major Countries of Origin : 

Foreign Born STEM Professionals Major Countries of Origin STEM Professionals India China FSS Phil Mex Other Math & Computer Scientists 24% 17% 5% 7% 4% 43% Engineers 12% 16% 7% 4% 3% 58% Physical Scientists 12% 25% 3% 6% 1% 53% Life Scientists 11% 29% 5% 2% 2% 51% Social Scientists 7% 8% 3% 4% 3% 75% All STEM Professionals 17% 16% 5% 5% 4% 53% Source: US Census, 2000 FSS = Former Soviet States

Immigration to the United States – Principal Paths to Entry : 

Immigration to the United States – Principal Paths to Entry Permanent (Immigrant) Admissions ~ 1 million per year Family-sponsored, employer-based, refugees, diversity Temporary (Non-Immigrant) Admissions ~ 30 million per year Business, employment, study, travel Illegal (Undocumented) Admissions ~ .5 – 1 million per year 40% Visa overstays, 60% Illegal entrants Source: Numbers USA Education and Research Foundation

Administration and Enforcement Responsibilities are Fragmented: 

Administration and Enforcement Responsibilities are Fragmented Department of Labor Office of Foreign Labor Certification Wage & Hour Division Department of Homeland Security US Customs and Immigration Service Immigration and Customs Enforcement Department of State US Embassies Bureau of Consular Affairs Department of Justice Executive Office for Immigration Review Special Counsel for Unfair Immigration-related Employment Practices

Permanent (Immigrant) Admissions By Visa Categories: 

Permanent (Immigrant) Admissions By Visa Categories Immigrant Visa Categories Limits Admits Percent Immediate relatives of citizens 418,522 44% Family-based preferences 480,000 214,355 22% Employment-based preferences 140,000 155,330 16% Refugees and asylees 119,592 13% Diversity immigrants 55,000 50,084 5% Totals 675,000+ 957,883 100% Source: US DHS, Office of Immigration Statistics, 2004

Employment-Based (EB) Admissions by Visa Preferences : 

Employment-Based (EB) Admissions by Visa Preferences Admissions Preferences Limits Admits* Percent Priority workers (extraordinary) 40,000 31,291 20% Advanced degree professionals 40,000 32,534 21% Bachelors degree professionals 40,000 85,969 55% Special immigrants 10,000 5,407 3% Employment creating investors 10,000 129 -- Totals 140,000 155,330 100% * Principals 72,550 47% Dependents 82,780 53% Source: US DHS, Office of Immigration Statistics (2004)

Employment-Based (EB) Admissions by Occupation : 

Employment-Based (EB) Admissions by Occupation Occupations of EB Principals Admits Percent Managers and Professionals 52,621 73% Math & computer scientists 12,377 17% Engineers 10,900 15% Executives and administrators 9,725 13% Nurses 6,625 9% Physical and life scientists 3,136 4% Other 9,858 19% All other professions and occupations 19,929 27% Totals 72,550 100% Source: DHS, Office of Immigration Statistics (2004)

Employment-Based (EB) Admissions By Country of Origin : 

Employment-Based (EB) Admissions By Country of Origin Leading Countries of Origin Admissions Percent Top Five 39,743 55% India 18,539 26% China 7,435 10% Philippines 7,398 10% Korea 3,269 5% Mexico 3,102 4% All others 32,807 45% Totals 72,550 100% Source: DHS, Office of Immigration Statistics (2004)

Immigrant Admissions - Issues and Concerns (Pros and Cons) : 

Immigrant Admissions - Issues and Concerns (Pros and Cons) Pros: 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 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

Temporary (Non-Immigrant) Admissions: 

Temporary (Non-Immigrant) Admissions Visa Categories Admits Percent Short Term Temporary Visitors 27,395,921 88% (for Business and Travel) Students and Exchange Visitors 935,196 3% Temporary Workers 831,715 3% Treaty Traders and Investors 182,934 1% Other temporary admissions 1,435,564 5% Total temporary admissions 30,781,330 100% Source: DHS, Office of Immigration Statistics (2004)

Temporary Work Visa Programs Admissions : 

Temporary Work Visa Programs Admissions Work Visa Programs Admits Percent Specialty Occupations (H-1B)* 386,821 47% Intra-company transfers (L-1) 314,484 38% Extra-ordinary ability (O-1) 27,127 3% NAFTA professionals (TN) 66,219 8% Other temporary workers 37,064 4% All temporary workers 831,715 100% Source: DHS, Office of Immigration Statistics (2004)

H1-B Fact Sheet: 

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

H-1B Temporary Work Visa Petition Approvals: 

H-1B Temporary Work Visa Petition Approvals Petition categories Approvals Percent New Employment 130,497 45% Subject to cap (65,000) 71,740 25% Exempt from cap 58,737 20% Continuing Employment 156,921 55% (Renewals) Total H-1B petitions approved 287,418 100% Source: DHS, Office of Immigration Statistics (2004)

H-1B Worker Education: 

H-1B Worker Education

Distribution of H-1B Skills Based on Employer OCS* Petitions, for Computer Related Fields: 

Distribution of H-1B Skills Based on Employer OCS* Petitions, for Computer Related Fields 5% 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 (Entry Level) (Expert Level)

H1B Top Countries of Origin (2004): 

H1B Top Countries of Origin (2004)

New H-1B Workers by Occupation: 2004: 

New H-1B Workers by Occupation: 2004

Numbers of New H-1B Visas1992 - 2005: 

Numbers of New H-1B Visas 1992 - 2005

Unemployment Trends for Electrical Engineers and Computer Scientists: 

Unemployment Trends for Electrical Engineers and Computer Scientists

Median Compensation for New H-1B Workers, by Occupation (not adjusted for inflation): 

Median Compensation for New H-1B Workers, by Occupation (not adjusted for inflation) Source: USCIS, Office of Immigration Statistics

Distribution of H-1B Wage ClaimsFor Computer-Related Professions: 

Distribution of H-1B Wage Claims For Computer-Related Professions Source: Miano, John. “Low Salaries for Low Skills.” Washington, DC, Center for Immigration Studies. April 2007

Major Employers of H-1B Workers: 2000 and 2006: 

Major Employers of H-1B Workers: 2000 and 2006 Rank Top 10 Users - 2000 Top 10 Users - 2006 1 Motorola Infosys 2 Oracle Wipro 3 Cisco Cognizant 4 Mastech Patni 5 Intel MPHASIS 6 Microsoft HCL America 7 Rapidigm Deloitte & Touche 8 Syntel Tata 9 Wipro Accenture 10 Tata Satyam Source: DOL, Office of Foreign Labor Certification

Employer Sponsorship: H-1B Visas and Green Cards in 2006: 

Employer Sponsorship: H-1B Visas and Green Cards in 2006

H-1B Visas - Key Issues and Concerns (Pros and Cons): 

H-1B Visas - Key Issues and Concerns (Pros and Cons) Advantages (for employers) 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) Nominal safeguards – recruitment, wages, displacement Limited oversight and enforcement Facilitates onshore and offshore outsourcing

Temporary Student Visa Programs(FY 2004-05) : 

Temporary Student Visa Programs (FY 2004-05) Educational Visas* Visas Issued Percent Academic Students (F-1) 255,993 45% Exchange Visitors (J-1) 303,822 54% Vocational Students (M-1) 5,975 1% Totals 565,790 100% Note*: 8% of all Temporary Visas issued Source: DOS, Bureau of Consular Affairs

Foreign Student Degree Levels: 

Foreign Student Degree Levels

Student Demographics: 

Student Demographics Fields of Study Business 20% Engineering 18% Computer Sci 10% Health Care 5% Education 3% Other 54% Regions of Origin Europe 41% Asia 40% South America 8% North America 5% Other 6%

Student Visas - Key Issues and Concerns (Pros and Cons) : 

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

IEEE-USA Policy Recommendations: 

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.

Major Legislative Proposals and Outlook: 110th Congress (2007-2008) : 

Major Legislative Proposals and Outlook: 110th Congress (2007-2008) Comprehensive Immigration Reform Bills 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 High Skills Admissions Expansion Bills 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

Conflicting Interests and Perspectives : 

Conflicting Interests and Perspectives Employers Workers Others Business and Professional Advocacy Industry Societies Groups Educators Immigrants Individuals Immigration Organized Think Lawyers Labor Tanks

Sources of Information: 

Sources of Information Congressional Budget Office www.cbo.gov Congressional Research Service www.loc.gov/crsinfo Government Accountability Office www.gao.gov Compete America www.competeamerica.org Immigration Voice www.immigrationvoice.org Economic Policy Institute www.epinet.org

The Positive Side of Immigration Green Cards, Not Guest Workers : 

The Positive Side of Immigration Green Cards, Not Guest Workers