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ImmIGRATION MARCH 12, 2021 | The Indian Eye 45
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education H-1B visa holders to have contributed to advances United States and throughout mation 10052, U.S. employers more jobs. This is the best way
fill entry-level STEM positions. in technology and who have ul- the industrialized world to ob- will remain less competitive to reform the H-1B visa pro-
With foreign students compris- timately become CEOs of com- tain top-drawer talent quickly and will not be able to pass on gram, rather than to further
ing the vast majority of gradu- panies like Google and Micro- with flexibility and at afford- the benefits to consumers. We shackle it by making it harder
ates of some STEM programs soft. The new H-1B lottery rule able prices that benefit end need more H-1B visa numbers to win the H-1B lottery.
Simply go to your App Store or Play Store
in the United States, there are will kill the ability of attracting consumers and promote diver- rather than less. We also need The comment period clos-
simply not enough qualified talented foreign nationals on sity of product development. to respect H-1B workers rather es on THIS WEDNESDAY
U.S. workers to fill all open H-1B visas who will ultimately This is what the oft-criticized than deride them, even if they March 10 at 11:59 pm ET. We
positions in many fields. See greatly contribute to the US. “job shop” or “body shop” or work at an IT consulting com- would highly recommend that
AILA Doc. 20120234, supra. Finally, the fact that the “outsourcing company” readily pany, as they too wish to abide everyone submit their own
By effectively foreclosing the H-1B visa is used by IT con- provides. By making possible by the law and to pursue their comment supporting the delay
H-1B visa as an option for en- sulting companies should not a source of expertise that can dreams in America. The best of the rule and the need for fur-
able fluctuations in the business includes being able to obtain a fore cap season, why the rule is tTV Download ZingoTV App
From Smar
try-level workers who are not be a justification to promulgate be modified and redirected in way to reform the H-1B pro- ther review of the rule, under-
yet earning enormous salaries, the new H-1B lottery rule. The response to changing demand, gram is to provide more mo- scoring why a delay is necessary
the H-1B lottery rule will cause use of IT consulting companies uncertain budgets, shifting cor- bility to H-1B visa workers. By because implementation can-
untold disruption and eco- is widespread in America (and porate priorities and unpredict- providing more mobility, which not be rushed through right be-
nomic harm to U.S. employers even the US government con-
who rely on H-1B talent. With tracts for their services), and cycle itself, the pejorative refer- green card quickly. H-1B work- unlawful, and why the econom-
some H-1B workers filling crit- was acknowledged by Congress ence to them as “job shop” is, in ers will not be stuck with the ic data does not support the
ical roles in healthcare and re- when it passed the American reality, the engine of technolog- employer who brought them on rule as written. You can submit
the H-1B visa, and this can also your own comment here:
search to combat COVID-19, Competitiveness and Work- ical ingenuity on which prog- Login|Register with your eMail then
the potential for harm extends force Improvement Act of ress in the global information result in rising wages within the
beyond the mere economic 1998 (AVWIA) by creating age largely depends. occupation as a whole. Mobile *Kaitlyn Box graduated
and could further delay the onerous additional attestations By continuing to limit and foreign workers will also be with a JD from Penn State Law
United States’ recovery from for H-1B dependent employ- stifle the H-1B program, either incentivized to start their own in 2020, and works as a Law
the pandemic. See AILA Doc. ers. The current enforcement through a new H-1B lottery innovative companies in Amer- Clerk at Cyrus D. Mehta &
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20120234, supra. If talented regime has sufficient teeth to rule or by perpetuating Procla- ica, which in turn will result in Partners PLLC.
H-1B workers go elsewhere for severely punish bad actors. IT _________________________________________________________________________________________________
employment, the United States consulting employers who hire Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
would also lose its ability to at- professional workers from In- Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
tract the “best and brightest” dia unfortunately seem to be Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
who have made contributions getting more of a rap for indis- Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
of untold significance to the criminately using up the H-1B Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
United States. When the Im- visa. Even the Durbin-Grassley tion; board member of Volunteers for Legal Services and board member of New York Immigration
migration Act of 1990 revised letter falsely accuses outsourc- Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
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the H-1B visa and set a 65,000 ing companies for gaming the Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
cap, the internet had not tak- H-1B lottery system without issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
en off. Since then there have taking into account the limited he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
been immense technological supply of H-1B visa numbers Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
leaps, while the H-1B cap con- and the increased demand Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
tinues to remain at 65,000 with for skilled workers each year. in the immigration field. He has also received two AILA Presidential Commendations in 2010
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a paltry 20,000 added for those However, it is this very busi- and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
with master’s degrees in 2004. ness model that has provided Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
Still, it is H-1B visa holders who reliability to companies in the Chambers Global 2019 in immigration law, among other rankings.
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