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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
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        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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