H-1B visas needed in New Orleans

Date: Tuesday, May 20, 2008 1:28 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1868 -- 5/19/2008 >>>>>

Two dreadful articles appeared in a business newspaper called the "New Orleans
City Business". This newspaper gives readers the impression that it's a
publication by the City of New Orleans (notice the logo). That's not the case
however -- at least according to the president of the newspaper, who told me
via email that they are not funded by or connected to the City of New Orleans.
He didn't offer who funded the newspaper but it's obvious by the content that
they cater to local businesses.

Neither of the articles discusses what could be done to attract Americans to
live and work in that swamp pit, like for instance offering a salary that is
higher than the national average. Imported foreign labor seems to be the only
option considered by this newspaper and the employers interviewed.

Like the rest of the nation, New Orleans also needs highly
qualified foreign employees.

There are so many untruths in these articles debunking all of them would be
too much for one newsletter.

One idiocy that almost caused me to fall off my chair from a laugh attack was
in the second article when it said that H-1B is a "short term"
solution. Huh? H-1B has been used to displace American workers since 1990
(that's 18 years folks!) and if newspapers like this have their way H-1B will
be with us for another 18. There is nothing short term about H-1B visas once
they are issued either, since each visa holder can stay for up to 6 years and
even longer if they apply for extensions afterwards. Short term becomes
permanent if the H-1B visa holders apply for green cards in order to get
permanent residency,

Whoever wrote the first article didn't seem to know that a TN (Trade NAFTA)
visa is the one that allows employers to import unlimited numbers of workers
from Canada and Mexico. It's interesting that they consider TN more useful
than H-1B because it might tell us where most of their foreign labor is coming
from.

"The most useful one that exists is as a result of the North
American Free Trade Agreement." Under NAFTA, certain
professionals from Mexico and Canada can obtain legal
employment if the job they are coming to do is on the
preferred list, such as engineers, management consultants
and nurses.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.neworleanscitybusiness.com/viewStory.cfm?recID=30856

H-1B visa options available

Posted: Monday, May 19, 2008
With the U.S. Citizenship and Immigration Services receiving twice as many
applications for H-1B visas this year, firms may have to find other options to
fill their staffs.

While the H-1B visa, a short-term authorization for nonimmigrants that allows
U.S. employers to supplement the existing labor force with highly skilled
temporary workers, is often the preferred method for bringing in highly
skilled foreign workers, there are some legal alternatives available.

"There are other categories, but not as useful as the H-1B, for obtaining
professional foreign employees," said McGlinchey Stafford labor and employment
attorney Carl Falstrom. "The most useful one that exists is as a result of the
North American Free Trade Agreement."

Under NAFTA, certain professionals from Mexico and Canada can obtain legal
employment if the job they are coming to do is on the preferred list, such as
engineers, management consultants and nurses.
"The U.S. also has a free trade agreement with Australia, which works
similarly to the H-1B where the applying person needs to be a professional,"
Falstrom said.

Another legal alternative, albeit expensive, is the O-1 nonimmigrant
employment-based visa for foreign nationals who can demonstrate national or
international acclaim and recognition for accomplishments in science,
education, business or athletics.

"It is for a person of extraordinary ability," Falstrom said. "This means that
they are amongst the best in their home country or world at what they do.
Obviously, there is a pretty high standard of proof.
It also is significantly more expensive than the H-1B, Falstrom said, adding
that it costs an employer roughly twice as much to apply on behalf of the
potential employee with an O-1 compared to an H-1B visa.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.neworleanscitybusiness.com/viewStory.cfm?recID=30854

Help Wanted
by Maria Barrios

Posted: Monday, May 19, 2008
The topic of immigration is a hotbutton issue among members of Congress and
their constituents. However, the potential impact of the existing cap on H-1B
visas on the U.S. economy and the education system adds another important
dimension to the immigration debate many may not have considered.

The H-1B visa is a short-term authorization for nonimmigrants that allows
U.S. employers to supplement the existing labor force with highly skilled
temporary workers. The industries particularly in need are the medical,
high tech, oil and gas, and education sectors (primary through high
school).

Despite the fact that in Louisiana and nationally there is an increasing
demand for H-1B workers, the cap remains at 65,000. In addition, the cap
for the H-1B Advanced Degree Exemption remains at 20,000. Under the
exemption, foreign workers must have a master s or higher-level degree
from a U.S. academic institution.

For fiscal 2009, the first filing period ran from April 1-7 and the U.S.
Citizenship and Immigration Services received roughly 163,000 applications.
Those applications were placed into a lottery the following week through a
computer-generated random selection process.

"This year the USCIS received twice as many applications as they could give
away," McGlinchey Stafford labor and employment attorney Carl Falstrom
said.

Jesse Marchan, a solo immigration law practitioner in Mandeville who
applies for visas on behalf of employers nationwide, said there is a
national shortage of nurses, medical technologists, physical therapists and
teachers.
"I have performed H-1B visa applications for both New York City Public
Schools and Baltimore City Public Schools," Marchan said.

Best and brightest

Like the rest of the nation, New Orleans also needs highly qualified
foreign employees.

"New Orleans is in need of professional workers," Marchan said. "For
instance, teachers for math and science have been recruited from the
Philippines to New Orleans and Baton Rouge."

Marchan said there s a high demand in post-Katrina New Orleans for
medical workers such as physical therapists, occupational therapists,
speech pathologists and medical technologists, as well as accountants and
engineers.

The U.S. economy needs the best of the best to maintain its super power
position, Falstrom said.

"We (the U.S.) want the best and brightest and we are not able to get them
anymore," he said. "We are putting out signals that we have enough highly
educated and skilled professions and that we don t want any more. Other
nations will happily take them and then they will beat us in international
competition. What that leads to is that work is leaving the U.S. The work
will go where the people who can do it are located. If they are not here,
then the U.S. has lost."

One misconception is the idea that hiring a foreign employee takes a job
away from an American, experts say. On March 12, Bill Gates told the House
of Representatives Committee on Science and Technology that more jobs
for Americans are created with the employment of highly skilled
professionals from other nations.

"If we increase the number of H-1B visas that are available to U.S.
companies, employment of U.S. nationals would likely grow as well," Gates
said. "A recent study of technology companies in the S&P 500 found that,
for every H-1B visa requested, these leading U.S. technology companies
increased their overall employment by five workers."
David Cheramie, executive director for the Council for the Development of
French in Louisiana, agrees with Gates that H-1B visa holders are not
taking away jobs from Americans.

"It is not like they (teachers that are H-1B visa holders) are taking any
other teacher job," Cheramie said. "There is a teacher shortage throughout
Louisiana, the country and even overseas. The fact that most countries are
experiencing a teacher shortage as well means the U.S. is competing with
other nations for their top teachers. With the cap, this means that we have
less access and one less tool to convince top teachers to come to
Louisiana. The result is that schools aren t getting the best of the best
in terms of educators."

Effects on education

The inability of schools to obtain H-1B visas for highly qualified teachers
could end up having a detrimental affect on the United States public
education system.

"There is a huge need for high-quality, fluent, native foreign language
teachers in bilingual education," said Brooke Muntean whose doctoral
dissertation is on bilingual education. "The only way to access them is to
bring people in on visas. To keep up the quality of bilingual education, we
need these visas to continue."
Founded in 2000, the International School is a public school in New Orleans
that provides language immersion in French or Spanish, emphasizes
international awareness and celebrates diversity. Many of the school s
teachers are native speakers of French or Spanish.

"Most of our teachers hold a visa of some sort," said Head of School and
Executive Director of Operations Sean Wilson. "Roughly 15 of our teachers
are H-1B visa holders."
The school had 57 teachers this year.

As the first multi-language immersion school chartered by Louisiana, the
school is quickly gaining accolades. The Center for Education Reform named
it the National Charter School of the Year in 2007. However, schools such
as the International School could suffer if obtaining H-1B visas remains
difficult.

"With the H-1B visa, you have a certain level of education," Cheramie said.
"The cap is closing the door on the highly educated and qualified
immigrant. It can have a detrimental effect on education."

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