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Improving Access to Labour market Information for migrants and employers 268 • H-2R for returning H2B workers • H-3 visas for trainees In the H-category, the largest number of visas is issued under the H-1B visa for speciality occupations that require “theoretical and practical application of a body of highly specialized knowledge” (Ruiz et al., 2012). With the exception of fashion models, all H-1B visa recipients are required to have at least a BA degree or equivalent experience (Ruiz et al.,2012). The H-1B programme was introduced in the Immigration Act of 1990 with the intent to explicitly raise the importance of US economic needs for labour, especially high-skilled workers, in the nation’s immigration policy. The 1990 law imposed an annual cap of 65,000 on H-1B visas. In response to pressure from large IT corporations, the cap was raised to 195,000 during the period 2001–2003, and then lowered to 65,000 in 2004. From 2006 onwards, 20,000 additional visas are provided for workers with advanced degrees from US Universities. Further, the 2000 American Competitiveness Act in the Twenty First Century allowed a number of employers, classified as “institution(s) of higher education or related non-profit entity, non-profit research or government research entity”, to sponsor foreign-born persons for H-1B visas outside the numerical cap. Approximately 10 per cent of all H-1B visas are issued to applications submitted by employers exempted from caps (Ruiz et al., 2012). Further, O and P visas have been created for persons with extraordinary abilities. In the 22 years of its existence, the demand for H-1B has always surpassed its quota. From 2001 to 2009, a period marked by two recessions, the average number of annual requests filed by US employers was 325,522, much above the cap. In 2001, when the cap was temporarily raised to 195,000, 56 per cent of the applicants received the visa; in 2008, when demand peaked only 21 per cent of the applicants acquired the visa (Ruiz et al., 2012). The demand for H-1B remained high during the recession and its aftermaths, even as unemployment in the United States remained above the 8 per cent mark. In June 2012, the USCIS announced that there will be no more new H-1B visas for the coming 15 months because all the visas for 2013 were depleted by the second week of June 2012 (Kaiser, 2012). Besides the H category visas, a second category, the L-1 visas, has been applied extensively to allow foreign workers in the United States. The L-1 visas are issued for intra-company transfers and are predominantly used by large corporations. Since 2000, each year, approximately 100,000 to 160,000 visas have been issued to workers in multinational corporations as intra-company transfers and their family members, who are also allowed to work in the United States (USDHS, 2012). In 1980, the number of admissions for inter-company transfers (including spouse/children) was only 65,000. 157 This is considered the most employer friendly and least cumbersome visa category under the US labour migration system. 157 Admissions numbers are often greater than the actual number of visas issued because they do not adjust for multiple entries.
The third non-immigrant visa category that has seen an impressive increase in recent years is J1. It is intended to enable foreign nationals to come to the United States to study, teach, conduct research, demonstrate special skills or receive on-the-job training for short periods. The visa is issued for a maximum of one year and can be renewed twice. Also called the Exchange Visitor Visa, the J-1 visa is provided under the following 14 programmes: • Au Pair • Camp counsellor • College and university student • Government visitor • Intern • International visitor • Physician • Professor and research scholar • Secondary school student • Short-term scholar • Specialist • Summer work travel • Teacher • Trainee Thus, the J-1visa is available to people with all sorts of skills, including professionals in highly skilled occupations such as physicians, professors, research scholars as well as secondary school students. Since 2000, each year 274,000 to 350,000 new visas have been issued to exchange visitors and spouses/children (J2 visas), up from 110,000 admissions in 1980158 . Hiring workers on J-1 visa is highly beneficial for US employers as they do not have to pay social security taxes, Medicare taxes or unemployment taxes for these workers. Yet another visa category that has witnessed a dramatic increase over the past three decades is of young people on student visas for higher education. A vast majority of foreign students stays in the United States upon completion of their education to work, and many eventually apply for permanent legal residence. Foreign-born students are a valuable source of US-trained future workforce. Besides, during their tenure as students, they are allowed to work up to 20 hours per week during semesters and full-time in the summer. Plus, upon completion of their degree, foreign students 158 Note that admissions numbers are not directly comparable to visas issued because admissions data do not adjust for multiple entries. country studIes – UNITED STATES OF AMERICA 269
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International Organization for Migr
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tAbLe of contents EXECUTIVE SUMMARY
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3.1. Assessment and validation of f
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Acronyms ACS American Community Sur
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NOC(S National Occupation Classific
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LIst of tAbLes Table 7.1: Legal pro
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ImprovIng Access to LAbour mArket I
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Improving Access to Labour market I
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GERMANY 6 Amelie f. constant and ul
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and Zimmermann (2012) explain the G
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Recent legal changes and amendments
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Some public initiatives that should
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to an unlimited time period. No fur
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about foreign educational systems,
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of the total net immigration. Afric
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country, the number of high-skilled
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International migration largely occ
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provide indirect evidence on this i
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the placement of such persons into
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caution since their positive effect
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youths require more time to turn su
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largely prevents easy and comprehen
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DIHK 2012 Integration sichert Zukun
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ITALY 7 francesco fasani 26 Abstrac
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1.1. Labour market trends Current t
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only in 1998 with the Turco-Napolit
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Table 7.1: Legal provisions for the
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The situation is different for medi
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training institutions, and so forth
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Table 7.4: Planned non-seasonal hir
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Allasino, Reyneri, Venturini, and Z
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share of positive answers of Italia
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Table 7.5: Job search strategies of
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Table 7.7: Job search strategies of
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Table 7.9: Main channels used to fi
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As far as formal channels of job se
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level of education, undocumented mi
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How did you find your current or la
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other network members are already e
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of legally accessing the Italian la
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for instance, for positions where c
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Bertrand, M. and S. Mullainathan 20
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Moual, K. 2012 August 28 Immigrati,
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POLAND 8 maciej duszczyk 61 Abstrac
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may not be deemed sufficient for co
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Any evaluation of the scale of empl
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e deemed as easy to follow for both
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Assessment of the present awareness
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foreign national does not acquire t
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Activities of employers’ organiza
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(it is at its lowest in micro-busin
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2.2. Supply side: prospective migra
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option to recruit such foreigners.
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demonstrated that the process of se
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ooted opinion within Polish society
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do so mainly through informal chann
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Annex Annex 3.I: Interviews on acce
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SWEDEN9 henrik emilsson and karin m
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share of employment has halved sinc
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orn abroad between the ages of 16 a
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driven by demand. The biggest chang
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to 2011. Considering that the numbe
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At the same time there are several
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Employment organizations and indivi
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(TUCW, 2012). The work permit is co
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TS; 2012). Another recruitment chan
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The Swedish Institute’s portal is
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3.1. Assessment and validation of f
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2006). To strengthen their competit
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Theoretically, this change may have
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surplus of native workers. Labour m
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Interviews BMC: Kundu, P. CEO, BeeM
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UNITED KINGDOM Anne e. green and da
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the recession the average number of
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Medium-term employment outlook Look
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This demand-led scheme was suppleme
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Table 10.4: Details of the United K
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(LFS). 99 Administrative data (for
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Table 10.7 reveals that amongst thi
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date with the latest changes and po
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It was generally thought that illeg
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seeking personal recommendations fr
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Although given the nature and size
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The EU immigration portal131 serves
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is required for indefinite leave to
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3.3. The role of public employment
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The United Kingdom government has e
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Davies, M. and J. Owers 2012 Immigr
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