At a recent conference, Bill Gates shared his ideas about US immigration policy, noting that there should be more “exceptions for smart people.” While not the most eloquently phrased statement, it does pose an interesting question in the immigration reform debate.  Are we turning away skilled workers?  Or are they leaving on their own, thanks to a complicated and unfriendly system of paperwork and jumping through hoops that are never ending?  We link to the article

Chairman Bill Gates criticized U.S. policies on data privacy and immigration Friday in a speech to the Transforming India through Technology conference in New Delhi, India.

Microsoft will work with India on a national computer identity-card project, he said. He plans to meet with minister Nandan Nilekani, who helped build technology company Infosys.

Gates said the U.S. should have a national identity card or at least let some businesses, like health care, centralize information on individuals. “It has always come back to the idea that ‘The computer knows too much about you,'” he said.

He noted that doctors cannot share records about patients and said a U.S. ban on virtual doctor visits “wastes a lot of money.”

Gates also urged U.S. immigration exceptions for “smart people.” He said Microsoft has created “a lot of jobs” in Canada because immigrants are allowed to work if offered a high-paying job.

We link to more on this piece.

News on Canadian Immigration, I-9s, Employer Compliance, H-1Bs and more.  Subscribe to our free newsletter and stay informed concerning the immigration issues of the day.

We link to our July news.

(Reuters, San Francisco)…..

Silicon Valley is facing a brain drain of high achieving foreign-born students, more of whom are leaving in the face of a chilly local immigration environment in a trend experts say will hurt U.S. high-tech industry competitiveness in the long run.

We link to the article. “We’re simply not producing, in relative terms, significant numbers of engineers or scientists from people who have already been here for a number of generations”, said Wilcox, who specializes in helping the start-ups that gave his bank its name.  “You’ve got to bring them in from the outside.”

As of 6/19/09, 44,500 H-1B cap-subject petitions have beenr received by USCIS for FY 2010 and 20,000 petitions seeking the advanced degree exemption.  As of this writing, USCIS will continue to receive cap subject and advanced degree petitions until the cap is met.

We link to this document

Notes address Premium Processing, changes to the H-1B program, changes in how to contact USCIS by telephone, amongst other matters.

Recent panel discussions at the AILA Conference in NV focused on the H-1B program.  The $500 anti-fraud fee collected for H-1B and L-1 visas is being used to hire more investigators.  Business practices once considered “the norm” and perhaps not perfect – are being scrutinized and employers are being penalized for document violations and overall inattention to detail. Consular offices and USCIS are asking for photos of premises, employment agreements, business licenses and organizational charts.  These requests are way out of bounds, and considerably prolong case processing creating tremendous stress for all parties concerned – the employer, the employee and the immigration practitioner.

A recent posting on AILA of a Fraud Summary Sheet (that wasn’t posted for very long!) for H-1B and L-1 cases, presumes fraud if one meets 2 out of 3 criteria:  doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue.  Many high-profile, very reputable organizations are receiving these Requests for Evidence based on the Fraud Cheat Sheet without any basis in reality.

This preoccupation with fraud in the H-1B and L-1 programs is likely to continue in the upcoming year.  So, in terms of supporting evidence….a word to the wise…

Business Week Magazine started a conversation about a hot topic this month.  We link to the first article in a series that will examine immigration issues amid a recession by Moira Herbst.

A Wall Street Journal opinion piece points out that an infusion of innovators is even more needed in a recession. “Companies founded by immigrants include Yahoo. eBay and Google. Half of Silicon Valley start-ups were founded by immigrants, up from 25% a decade ago. Some 40% of patents in the US are awarded to immigrants. A recent study by the Kauffman Foundation found that immigrants are 50% likelier to start businesses than natives. Immigrant-founded technology firms employ 450,000 workers in the US.

As of 04/28/2009, USCIS reports that it has received 45,000 petitions towards the 65,000 H-1B quota for FY 2010.  The agency has already received 20,000 or more cases that are eligible for the advanced degree quota exemption.  They will continue, however, to accept both advanced degree and H-1B cap filings until the entire annual H-1B quota is reached.

H-1B numbers have been used very slowly since April 1st.  Filings are expected to increase in coming weeks as students complete their degrees and become newly eligible for H-1B status.  Additionally, many employers may wish to change the status of F-1 students currently on Optional Practical Training (OPT) earlier than planned because of the unexpected availability of numbers.  Employers should assess their further FY 2010 H-1B hiring needs ASAP to take advantage of the open quotas and to properly prepare their cases.