US Immigration Reform: The Start-Up Act & How Foreigners Are Saving America

In the midst of all the doom and gloom for foreigners in the US regarding real Immigration reform and just general fairness from the US Immigration System, Congress and the media, a small hope has emerged. Democrat Senators Mark Warner and Chris Coons along with Republican Senators Marco Rubio and Jerry Moran have come together to put forward Startup Act 2.0.

The general purpose of this legislation is to make it fairer and easier for foreigners to start companies and create jobs mainly for US citizens, get green cards and permanency in the US and ultimately keep the US at the forefront of global innovation and technology.

Why Is This Important?

–  40% of Fortune 500 Companies were founded by either immigrants or their children. This covers millions of American Jobs, many billions in US wealth and 1.7 trillion dollars in revenue with huge amount of tax dollars flowing to Federal/State/Local governments for the benefit of all. These include many of the most well known global brands including; IBM, Intel, Google, Paypal, Apple, Yahoo, eBay, Budweiser, GE, McDonalds, Colgate, etc. It is so large that the wealth created by these foreign born entrepreneurs in the US is greater than the GDP of all other countries in the world bar China and Japan.

– Almost half of the Top 50 Venture Backed private companies in the US have at least one immigrant co-founder. On top of that 74% had immigrants in top executive positions and these companies on average created 150 jobs which of course was mostly filld by Americans

So What Is The Problem

Quite simply it is Politics. And it is from all sides. We have highlighted in the past how Iowa Republican Senator Chuck Grassley and Illinois Demoractic Senator Dick Durbin tried to create a bill to further curb foreign work visas in a blatent attempt to deflect blame for a flaying US economy and job market onto an easy (and non voting) segment of the community. Beyond that the Republican attempts to heighten tensions of their base via the illegal immigrant invasion (even though numbers have been falling, deportations rising and net losses of these types of immigrants in recent years) combined with Democratic attempts to placate unions and old ways of doing things in an increasing globalized world has meant ultimately the American populace is suffering most.

Imagine if all or some of the above brands were not headquartered in the US but in India, China, South Korea, Brazil, etc. how many jobs directly and indirectly would be lost in the US, how far down tax revenues would be, the increase to the US Trade deficit, lowering of US GDP, technology leadership and ultimately global power. Most people reading this now either use regularly one or more of the services above and/or work, have worked or know someone who does work at one or more of those brands.

Startup Act 2.0

The Startup Act 2.0 proposes;

– A new STEM (Science, Technology, Engineering & Math) Visa so foreign graduate of US universities with a masters or PhD level degree in these fields can receive a green card to stay in the country
– An Entrepreneurs Visa for legal immigrants so they can start business that must employ American citizens
– An elimination of the per country caps for Immigrant visas allowing faster processing for certain high volume countries like China & India (Although as we have discussed before with current overall caps this still does not address huge overall backlogs and probably will cause increases in wait times for other countries unless the overall cap is increased)

The Act also addresses areas that encourage investment into these companies, tax credits for R&D and offsetting early year obligations as well as lowering of overall tax rates.

Ultimately this Act will help address some areas of US Immigration that badly reform and speaks to something that has a bipartisan chance of passing US congress as it directly relates to jobs and avoids areas such as Illegal Immigration, The Dream Act, H-1B Visa Reform & Current Visa Quotas which tend to be more highly politicized but ultimately a huge problem for the US.

Cj

H1B Visa Quota June 2012 Update

The FY2013 H1B visa season commencing on April 1, 2012 has updated again the H1B visa quota numbers for the season and it is clear that the H-1B visa season will end this month.

It is the highest total at this point since 2009 and more reminiscent of 2007-8 where demand was exhausted in the first few days and you had things like the H1B Visa Lottery which meant heartache for so many foreigners who applied correctly right at the beginning of the season

While last season FY2012, the H1B visa quota was exhausted on November 22, 2011, the H1B visa quota if continues at the current rate by mid July we may be fully completed which both is different from prior years and also probably means in 2013 with a further improving economy it will be even more competitive.
With the US unemployment rate down to 8.1%, and tech companies booming with many recent and forthcoming IPOs with Facebook, Yelp, Zinga, LinkedIn, Pandora, etc., the need for skilled workers particularly in engineering is hot.

As at June 1, 2012, the main H-1B Visa Quota fill rate is over 85% full with another 15% week on week increase to 55,600 from 48,400 on May 25. Over the last 4 weeks there has been an almost 20K increase in H-1B quota and with recent Green Card Lottery Results now announced, there is not much time left to work in the US in 2012. Now 80% of the Advanced Degree exemption quota for foreigners with a US Master’s Degree is now exhausted, up 7% to 18,700 from 17,500 on May 25.

Cap Type Cap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 55,600 6/1/2012
H-1B Master’s Exemption 20,000 18,700 6/1/2012

It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap which is about 6,800 set aside each year but is rarely filled and unused from the previous year are used in the current year. These are still being accepted for FY2012. Also please note the Official USCIS FY2013 H-1B portal.

Congrats to all those who managed to find an employer sponsor thus far and have got their application in early this year and good luck to those on F1 Visa OPT this year in your quest to get an H-1B visa. It is already a more competitive year this year than recent times so would be good to accelerate your search now and apply, apply, apply!

Cj