WASHINGTON, D.C.—As earlier reported (SHOOT, 2/28, p. 1), barring new federal legislation, the current annual cap on H-1B visas will plummet from 195,000 to 65,000 effective Oct. 1. Such a decrease could potentially impact the U.S. production community. Over the years, H-1Bs have been used by numerous high-tech companies-including a number of visual effects and computer animation studios-that are dependent on foreign labor to help offset what they contend is a shortage of qualified American workers.
Still, it’s unclear as to whether a bill will be introduced in Congress to maintain the H-1B allotment at or near 195,000 in 2003-’04. A couple of key variables are contributing to this uncertainty. For one, legislation regarding immigration has become a political hot potato in light of concerns over terrorism.
Also looming large in the legislative prospectus is the dismantling of the Immigration and Naturalization Service (INS), which issued and administered visas. Effective last week, the INS ceased to exist as a separate entity, with its duties being incorporated into the new Department of Homeland Security.
The transition is causing angst among some 35,000 workers from the INS, as well as industry sectors that are dependent on foreign talent. It remains to be seen if Congress will act on H-1Bs during a transitional time not only in U.S. immigration policy, but also for the government agency that oversees immigration matters.
Rep. David Dreier (R-Calif.) authored the original bill that increased the annual H-1B visa cap to 195,000 for three consecutive years. The final year covered by that legislation ends this September, and Dreier’s office currently has no firm plan to introduce a bill to maintain that annual H-1B allocation.
Also, with the distinct possibility of war in Iraq on the horizon, Congress’ immediate agenda consists of pressing matters that could put numerous proposed or contemplated measures—including one regarding H-1B visas—on the backburner.
As chronicled over the years in SHOOT, the Silicon Valley high-tech sector and the American visual effects community have been major proponents of increased H-1B allotments. The prospect of eliminating 130,000 H-1Bs annually could represent a major setback for both industries.
There’s also some question as to if—or for how much longer—the Department of Homeland Security will continue a two-and-a-half-year-old pilot program to expedite the processing of H-1B specialty work visas to bring skilled foreign talent into the country. A number of visual effects/CG studios have plugged into the program and lauded the quicker turnaround time on H-1Bs. Instead of a normal waiting period ranging anywhere from three to six months, the INS program would process a visa within 15 days for an extra fee of $1,000 per applicant.
