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New Bill to change H-1B visa regime in Senate

Our Bureau

US industry bodies welcome legislation draft aimed at retaining talent

New Delhi , May 7

In a move that is bound to bring cheer to Indian IT companies, a new Bill to reform H-1B visa and Employment Based (EB visa) green card processes, has been introduced in the US Senate.

The SKIL (Securing Knowledge Innovation and Leadership) Bill which was introduced recently by Senator Mr John Cornyn proposes exemptions for US educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so that their talent could be retained in the US.

Other provisions include creation of a flexible, market-based H-1B cap; extension of foreign students' post-curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card; and exemptions for EB/green card immigrant spouses and children from the annual cap.

The new Bills are being welcomed by the US trade associations and IT industry. Commenting on the introduction of the Bill, Compete America — a coalition of over 200 corporations, universities, research institutions and trade associations said the proposed legislation was an indicator that both US Senate and the Bush Administration were prepared to fix the visa system for highly educated foreign nationals.

According to Semiconductor Industry Association (SIA) - whose member companies comprise over 85 per cent of US semiconductor industry, "The provisions in Senator Cornyn's `SKIL bill,' as well as provisions in the two versions of comprehensive immigration reform, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, US educated talent working for US companies."

The SKIL Bill contains many of the provisions for reform of H-1B visa and EB/green card systems that are already present in the two versions of immigration reforms introduced earlier by Senate Majority Leader, Mr Bill Frist and Senate Judiciary Committee Chairman, Mr Arlen Specter. Last month, an agreement on the immigration reforms had eluded the Senate, which had almost reached a breakthrough-of-sorts by drafting a compromise plan.

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