Many H-1B workers get temporary jobs, study finds

Many employers sponsor H-1B holders to have them fill temporary posts, not to become full-time residents of the U.S., according to a study released last week by the Economic Policy Institute, a Washington-based nonprofit think tank.

The differences in the ways companies use H-1B visas can be stark, according to the study, which was authored by Ron Hira, an associate professor of public policy at the Rochester Institute of Technology and a longtime critic of the H-1B visa program.

The study was called misleading by a spokesman for Compete America, a coalition of vendors, universities and other sponsors of H-1B visa holders. Spokesman Eric Thomas in particular questioned the use of L-1 visa data in the study. The L-1 visa is used by multinational companies for intracompany transfers. “That’s how the system was designed, and that’s how it’s working. Lumping different visa categories into one bucket is a clear attempt to skew the data,” he said.

Hira argues that visa rules put most of the power to control H-1B workers in the hands of employers. Visa workers can “switch jobs in very limited circumstances, and their employer can revoke the visa at any time by terminating their employment, forcing the worker out of status with immigration authorities. If employment is terminated, the worker must leave the country immediately,” the study said.

Eleanor Pelta, first vice president of the American Immigration Lawyers Association, was critical of Hira’s assessment of the role that H-1B workers play in the workforce and noted that visa proponents are hoping that Congress reforms the current rules. Such reforms, expected in a comprehensive immigration bill, could make it easier for highly skilled workers to get permanent residency.

Citing the multiyear backlog in green card applications, Pelta said that she doesn’t believe visa holders should come to the US “and then wait 10 to 15 years for a green card; I think that is really bad for the economy.”

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