NAFSA 2009 Annual Conference & Expo Immigration Update

Setting the Stage for the Reform Debate
All signs indicate that the immigration reform debate will move forward this year. President Obama has stated interest in renewing the discussion, with recent reports of a planned June 8 meeting between the President and a select group of congressional members to identify areas of agreement and concern. House and Senate leaders have plans to begin discussions in earnest this fall. One agreement has already been made between the President and congressional leaders: immigration reform will only move forward as a comprehensive package. Though smaller bills with targeted relief have and will be introduced, there are no plans to move them forward outside of a comprehensive bill.

Immigration reform is never an easy issue, but the current economic crisis adds an additional layer of controversy. A potential harbinger of challenges to come is the success of the provision added to the federal bank bailout funding bill that bars employers who accepted these federal funds from hiring foreign workers in H-1B status. Debate raged regarding the merit of the restriction, but the success of the provision shows the level of attention now focused on immigration law.

Immigration Bills of Interest

A few immigration bills have already been introduced in the 111th Congress. More will be introduced in the near future. It is important to remember that though the individual bills are not likely to pass, they can easily be folded into a comprehensive package of immigration reforms. Below are brief summaries of bills that have been introduced so far that are of interest to international educators.

Retaining STEM PhDs

On March 30, 2009, Representative Jeff Flake (R-Ariz) introduced a bill (H.R. 1791 (160kb

)) to exempt international students who graduate from U.S. colleges and universities with doctorate degrees in science, technology, engineering, and mathematics from both the H-1B cap and the annual limits on green cards. The bill's title, “Stopping Trained in America Ph.Ds from Leaving the Economy Act of 2009” was crafted for the title's catchy acronym, STAPLE, to reflect the oft repeated recommendation that green cards be stapled to the diplomas of international students who have the education and talent needed to help drive U.S. competitiveness and innovation.

The DREAM Act

On March 26, 2009, Senator Richard Durbin (D-Ill.) reintroduced the Development, Relief and Education for Alien Minors Act of 2007 (S. 729 (180kb

)), better known as the DREAM Act, to provide an opportunity for long-time U.S. residents who were brought to the country as young children to obtain green card status through pursuing higher education or military service. The bill would also allow states to determine residency for in-state tuition purposes. On the same day, Representative Howard Berman (D-Calif.) introduced a companion bill in the House (H.R. 1751 (185kb

)).

Increased Scrutiny for H-1B and L Categories

Senators Richard Durbin (D-Ill.) and Charles Grassley (R-Iowa) introduced the H-1B and L-1 Visa Reform Act (S. 887 (210kb

)), with the goal of reforming both programs to prevent fraud and abuse, and to protect American workers. The bill is similar to one introduced by the Senators last Congress, proposing considerable changes to H-1B program including:

New recruitment requirements
Extending more stringent dependent employer provisions to all employers
Increasing the nondisplacement requirements from 90 days to 180 days before and after filing an H-1B petition
Increasing wage requirements and eliminating the option to pay an H-1B the skill level 1 wage
Strict limitations on secondary worksite placement
New IRS reporting requirements to include W-2 and tax statements for H-1B workers
Hiring restrictions for employers if more than 50% of their workforce is in H-1B or L status
Enhancing the U.S. Labor Department's authority to review labor condition applications for fraud and misrepresentations of material facts
Increasing the labor condition application review period from seven to fourteen days
Providing the Labor Department with the authority to conduct random audits in addition requiring audits of employers with high H-1B usage

Importantly, the bill does not address the higher education and research facility exemption from the H-1B cap.

Next Steps: Advocating for International Education

NAFSA members are uniquely positioned to engage their Members of Congress and the Obama Administration in the immigration reform debate. Because it is not immediately understood why international educators are interested in immigration policy, there is a need to educate Congress and the White House to make it clear how the broken immigration system is harming the United States' ability to attract and retain international students, scholars, researchers, and other highly educated and sought-after individuals. As the debate progresses, NAFSA will provide updates and opportunities for NAFSA members to advocate for an immigration policy that advances the goals of international education. To receive these notices, please register for NAFSA's Advocacy Centered Team (ACT), and select immigration as an area of interest.