Texas Senator John Cornyn Files Bill for U.S. Global Competitiveness; Seeks to Recapture 61,000 Schedule A Visas for RNs and PTs Among Others

RETROGRESSION UPDATE

In an apparent response to an announcement by U.S. Citizenship and Immigration Services (USCIS) that it received enough petitions, in just 24 hours, to meet the congressionally-mandated cap of 65,000 H-1B visas available for next year, several U.S. Senators have filed a proposed legislation to address what they called an "urgent problem" by promoting United States competitiveness, innovation, and employer access to skilled employees.

Texas Sen. John Cornyn along with Senators Judd Gregg, Joe Lieberman, and Chuck Hagel introduced the “Global Competitiveness Act of 2008” (S.2839) which would give United States employers access to previously unused H-1B temporary worker visas and permanent EB employment-based visas from prior fiscal years.

Explaining the urgency of the bill, Sen. Cornyn said, “Tuesday’s announcement highlights the critical nature of this irresponsible cap. For businesses in Texas, and across the country, to continue to grow, prosper, and create more jobs here at home, they must have the resources necessary to remain competitive in an increasingly global economy.”

“Well-educated, highly skilled workers are key to our country’s competitiveness. Our outdated system has limited the ability of many American companies to recruit and retain top-quality talent. We must address the H-1B visa crisis to ensure that America remains the world leader in innovation,” Sen. Lieberman added.

SALIENT FEATURES OF GLOBAL COMPETITIVENESS ACT OF 2008:

H-2B Temporary Worker Program

• Extends the H-2B Returning Worker provisions for 3 fiscal years

H-1B Temporary Worker Program

• Recaptures 150,000 unused H-1B visas which will be distributed over a 3 year period
• Imposes a H-1B recapture fee of $1,500
• Increases H-1B visa levels from 65,000 to 115,000 for fiscal years 2009 through 2011
• Increases the advanced degree cap for H-1B workers with masters degrees or higher from 20k to 30k for fiscal years 2009 to 2011
• Increases the H-1B petition fee from $1,500 to $2,250

Employment Based Visas

• Recaptures approximately 218,000 unused employment-based visas
• Distributes 61,000 of the recaptured EB visas to nurses and physical therapists (and spouses and children accompanying or following to join)
• Imposes an EB visa recapture fee of $1,500
• Exempts health care facilities in underserved areas from paying the additional EB recapture fee