Past installments of this column have advocated raising the annual H-1B visa allotment so that U.S. high-tech firms—including visual effects and computer animation studios—could tap into foreign talent to help offset a shortage of qualified American workers. That support has always been with the understanding that this was a short-term remedy, buying time so that the long-term solution could take hold. That long-term answer—as both opponents and proponents of H-1B legislation generally agree—is to commit more resources to the U.S. educational system so that it can turn out a workforce with the necessary technical and artistic skills called for in the new millennium job market.
However, another prerequisite has surfaced and is being articulated by civil rights groups who have expressed opposition to proposed legislation that would increase the number of available H-1Bs. The Urban League, the Coalition for Fair Employment In Silicon Valley and representatives of black colleges contend that lucrative high-tech jobs could currently go to more Americans. They claim the industry isn’t doing enough to tap into older technically proficient professionals and/or technically trained graduates of black colleges.
While this criticism is largely being levied against Silicon Valley, it serves as food for thought in the visual effects/CGI sector. And it could have an impact on current pending legislation, the earlier-reported-on H.R. 3983, which is also known as the Helping Improve Technology Education and Competitiveness (HITEC) Act (SHOOT, 8/11, p. 1). H.R. 3983 would raise the annual allocation of H-1B visas to 200,000 for each of the next three years. The measure also calls for the Secretary of Commerce, through the National Institute of Standards and Technology, to offer grants to eligible business entities, including government and education representatives. These grants would be put towards assisting public schools in improving mathematics, science and technology education. The money would fund teacher training, technology support and resources, and the hiring of specialized teaching personnel.
The industry claims that the bill is necessary, underscored by the fact that the current annual allotment of 115,000 H-1B visas ran out this past March (SHOOT, 3/31, p. 1), after just six months. That visa allocation was supposed to last a full year, from Oct. 1, 1999, through September 2000.
Congress could take up the measure (there’s also a counterpart bill in the Senate) as soon as next month. The measure has been delayed for consideration, in part due to the opposition being mounted by civil rights groups. Whether criticism of the measure will help bring about its defeat remains to be seen, but more likely a compromise will be reached, according to informed sources. Some observers conjecture that lawmakers could include provisions requiring high-tech companies to recruit and train more minorities.
Another possibility is that a vote on the measure could be delayed until the National Academy of Sciences releases its study on the long-term employment needs of the high-tech industry. That report is slated to be made public in October. But that’s cutting it close, in that the current session of Congress is also scheduled to adjourn in October due to the November national election. The Urban League has urged Congress to hold off on expanding the H-1B program until the National Academy of Sciences’ findings are disclosed.
Hopefully, a compromise can be reached. If the legislation falters this session, the maximum annual number of H-1Bs will decrease from the current 115,000 to 107,500 in fiscal year October ’00 to September ’01.
