Thursday, June 14th, 2018

The H-1B Cap Makes No Sense!

"[I]t makes absolutely no sense to impose an H-1B cap.  Let the market do the job of determining how many H-1Bs can enter the US based on the fluctuating demands of employers.  At one point, when the H-1B cap prior to 2003 was 195,000 for a few years, this quota was never filled. [*]  Therefore, H-1B quotas do not necessarily dictate how many H-1B visa cases will be filed.  It is market conditions that determine H-1B usage.  Based on the lessons from the H-1B cap, it does not make sense to impose arbitrary caps at all, especially with respect to other temporary visas . In the negotiations involving comprehensive immigration reform regarding low skilled workers, business and labor trumpeted that a deal had been reached on future flows.  When times are good, according to the deal, employers would be able to benefit from 200,000 workers; and when times are not so good they would only be able to get 20,000 workers.  While a flexible cap based on market