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February 11, 2000

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Top senators urge huge increase in H1-B visas

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R S Shankar

Despite the fierce anti-H1-B sentiments in many quarters, partly triggered by allegations that an Indian family in Berkeley misused the visa programs to get preteen girls for sex and unqualified men for menial work, a number of senators urged the Congress on February 10 to increase the existing quotas.

Their proposal is one of the most dramatic increases sought for the H1-B program. Among the most outspoken supporters of the expansion is Senator Phil Gramm (Republican-Texas).

They want to bring in at least 300,000 high skilled computer scientists, programmers, doctors, academics and other professionals in the next three years.

The bill would allow an unlimited number of visas for non-citizens who have earned master's or doctoral degrees from US colleges in the last six months, and graduates who are working at US colleges, press reports have said.

This idea was mooted particularly by Silicon Valley law-makers who had complained that foreign students trained in top American schools often ended up in Europe or Australia because they found at times difficult to get the visas to stay back in America.

As in the previous year, Indians are expected to grab a majority of visas. But many Indian immigration lawyers said recruiting companies have to be extra careful and make sure only qualified people come in under the H1-B visas.

They were referring to the scandal at the American consulate in Madras where a number of unqualified people received visas last year. Besides, Lakireddy Balireddy, the biggest landlord in Berkeley, and his son, Vijay Kumar, are facing federal charges that they brought in unqualified people posing as hi-tech programmers who in turn brought their teenage "daughters" who ended up, according to court papers, having sex with 62-year-old Reddy.

Despite persistent opposition by American trade unions and a handful of influential senators, including Edward Kennedy (Democrat, Massachusetts), the number of H1-B visas rose two years ago from 65,000 to 115,000.

If Congress does not approve the dramatic increase sought by the senators, the current quota could drop to 107,500 on October 1 this year, and revert to 65,000 the next.

Some of the most powerful American business leaders, including Bill Gates of Microsoft, have asked for the increase. To appease the unions, the companies have offered to set apart money to train Americans to become high-tech savvy in significant numbers. Each H1-B visa holder must pay a $ 500 fee to fund scholarships and training for US workers.

The H1-B program was created 10 years ago. Visa recipients generally stay in America for six years. Industry leaders say the H1-B visas get used up in just about the first two or three months of a year. The demand continues throughout the year and it is difficult to meet the shortfall. The leaders also say a number of H1-B visas go to skilled but non-technical people like journalists and musicians. As a result, the hi-tech industry was being starved of talent, they said.

Sentor Orrin Hatch, (Republican, Utah), currently the chairman of the Judiciary Committee, will begin considering the bill this week. He feels the Senate will vote soon, after which the bill will be reviewed by the House of Representatives. President Clinton, who wants computers in every school in America, has not said anything about the controversial issue.

But the backers of more H1-B visas note that while the presidential candidate George W Bush seems to be in favor of them, his Democratic rival, Al Gore, who has closer ties to the unions, does not favor them.

Hatch, who is fiercely pro-business, said recently, 'We want the hi-tech industry to thrive in the US and to continue to serve as the engine for the growth of jobs and opportunities for American workers.'

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