US may hike H-1Bs, ATTACHED TO MIN. WAGE INCREASE! New h-5 visa for unskilled labor!

NEW DELHI: An increase in the number of non-immigrant temporary skilled worker (H-1B) visas and employment-based immigration visas, or green cards, may be on the cards.

The Fair Minimum Wage Act of 2007, currently being considered by the US Congress, has provisions that allow for such an increase. An amendment introduced in the Senate by Senators Edward Kennedy and Senator John Kerry echoes the provisions of the McCain/Kennedy Bill (S 2611) and the Skill Bill introduced in the 109th Congress.

The Senate passed the amendment by voice vote and the ‘Fair Minimum Wage Act of 2007’ (S 2) was passed by a 94-3 vote. There seem to be huge increases to H-1B and employer-based green cards. The amendment also proposes to create a new non-immigrant visa, or guest worker visa, for unskilled workers called an H-5. The H-5 visa is a pathway for amnesty.

If the Fair Minimum Wage Act of 2007 passed by the Senate has incorporated the provisions of the S 2611 introduced in the last Congress then it would mean the number of H-1B visas on offer will increase from the current level of 65,000 to 115,000 in the first year.

The amendment also refers to “market-based numerical limitations”. This provision in the Kennedy-Mcain Bill provided that the total number of visas allocated for that fiscal year are used up within the first quarter of the year, then an additional 20% visas will allocated immediately for the remainder of the year.

The total number of temporary worker visas available for the year would increase by 20% every year. The figure to be used to fix allocations would be that on the original quota for the previous fiscal year. So, if the first year allows for 400,000 temporary workers, then the next year would have a quota of 480,000 visas and the year after 576,000.

The US House of Representatives is yet to pass its version of the Minimum Wage Bill. An amendment similar to the one passed by the Senate has also been introduced in the House.


[link to economictimes.indiatimes.com]