Don't Forget About Visa Reform - InformationWeek

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Government // Leadership
08:00 AM
Esteban Herrera
Esteban Herrera

Don't Forget About Visa Reform

Visa reforms in the immigration bill will have a different effect on US and Indian firms. Both stand to benefit in the long run.

With Washington gridlock and Obamacare grabbing headlines, the issue of visa reform -- front-and-center on CIO agendas a few months ago -- has been pushed to the back burner of late. 

While the ultimate fate of proposed changes to visa regulations for high-skill workers is up in the air, the industry should prepare for a wide range of scenarios.

To quickly review: the comprehensive immigration reform bill before Congress contains specific provisions aimed at reforming existing standards around H-1B, L-1B, and other temporary visas, primarily for skilled technical workers. Broadly speaking, the legislation would increase total visa and green card numbers, while imposing new fees and restrictions (which would primarily affect India Heritage firms) based on the ratio of visa holders to US citizens and legal permanent residents in their US workforce. 

US IT service providers and large businesses generally favor the bill and the visa program as essential to addressing chronic shortages of skilled workers. The legislation is opposed by Indian heritage firms and the Indian government. Both argue that it is protectionist. It's also opposed by US labor groups, which argue that it depresses wages. Since the provisions aimed at skilled workers are but a small piece of much broader-ranging legislation that covers other skillsets and scenarios, no bill is likely to please everyone.

[ Is the US talent pool really as dangerously shallow as some companies want you to believe? Read IT Talent Shortage Or Purple Squirrel Hunt? ]

Without delving into the politics behind the program or the merits or flaws of the proposed changes, it’s worth examining potential impacts of the changes.

Over the short term, the legislation would almost certainly have a negative impact on the profitability of Indian heritage IT companies, mainly because all versions of the bill stipulate some ratio of visa holders to citizens and residents. It would be easier for US providers to gain access to temporary workers, and more difficult and expensive for Indian firms to do so. Indian firms would face disruptions because their existing models rely heavily on temporary workers.

Over the long term, however, the provisions could encourage Indian firms to expand their US presence. Specifically, to avoid the provisions of the bill, Indian companies may step up local hiring and focus on acquisitions of US-based companies. In other words, visa reform could incentivize Indian firms to expand their Western footprint and become more competitive – probably not what the reform champions had in mind. 

Visa restrictions could also spur a rethink of business strategies. According to ISG research, Indian IT service providers grew by 32 percent a year between 2005 and 2008; during the next three years that annual growth rate slowed to 16 percent. In this environment, the India heritage providers face increased pressure to go beyond the labor arbitrage model and develop new industry-focused and innovative software products. The loss of the visa option could speed this evolution.


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Thomas Claburn
Thomas Claburn,
User Rank: Author
11/15/2013 | 1:31:29 PM
Does the immigration reform bill address the way that H1B workers are prevented from pursuing employment at companies other than their sponsor, creating a form of indentured servitude?
User Rank: Apprentice
11/19/2013 | 8:33:51 PM
Re: Servitude?
There are competing versions of the bill--not just one--but I don't believe any of them address switching jobs while on an H1-B...yet.
Alison Diana
Alison Diana,
User Rank: Moderator
11/19/2013 | 9:58:19 AM
On the Agenda?
With so many powerful lobbyists working to get this pushed through, when can we expect movement again? Also, what effect -- if any -- will last month's agreement by Infosys have? To recap: The Indian outsourcing firm agreed to pay $34 million in a civil settlement after federal prosecutors in Texas found it had committed "systemic visa fraud and abuse" when bringing temporary workers from India for jobs in American businesses, according to the NYTimes. "

"Infosys "knowingly and unlawfully" brought Indian workers into the United States on business visitor visas since 2008, which avoided the higher costs and delays of a longer-term employment visa the workers should have had. They will charge that Infosys systematically submitted misleading information to American immigration authorities and consular officials to obtain the faster visas, unfairly gaining a competitive edge and undercutting American workers qualified for the jobs."
User Rank: Apprentice
11/19/2013 | 8:32:03 PM
Re: On the Agenda?
I don't expect anything will even be debated until after the 2014 elections. We are looking at 2015 as the most likely time, but even then it might not pass. With one of the major parties deeply divided over the issue, there probably aren't enough votes in the House for it right now.

The INFY settlement made headlines but barely a blip on the industry--pretty much business as usual. I had expected competitors to pounce on the news but they have been strangely slient.
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