Tech Talk: Breaking Down the H-1B Visa Numbers

U.S. employers planned to pay high-skilled foreign workers with H-1B visas a median salary of $80,000 a year in fiscal year 2016, up from about $69,000 a decade earlier, according to a Pew Research Center analysis of new U.S. Citizenship and Immigration Services data. This is the first time the U.S. government has made salary information about H-1B applicants publicly available.

The 2016 median salary reported for H-1B visa applicants was higher than the median salary paid to some U.S. workers in similar high-skill occupations. For example, U.S. workers in computer and mathematical occupations had a median salary of $75,036 in fiscal 2016, a slight increase from 2007, when the median salary was $73,979 (adjusted to 2016 dollars), according to U.S. Bureau of Labor Statistics data on all U.S. workers. The majority (60%) of all H-1B applicants from fiscal 2007 to 2016 were seeking employment in computer and mathematical occupations.

Several bills have been proposed in Congress this year to change the H-1B program, and the Trump administration has said it backs a plan that would reverse decades of U.S. immigration policy by admitting more high-skilled immigrants and fewer low-skilled immigrants.

The USCIS data show that overall demand for H-1B visas has increased sharply over the past decade. The number of total H-1B visa applications filed by employers on behalf of foreign workers increased from 246,126 in fiscal 2009 to 399,349 in 2016, and is on pace to reach a new high in 2017. Overall, U.S. employers filed more than 3.4 million H-1B visa applications from fiscal 2007 through the end of June 2017 (the first nine months of fiscal 2017).

The U.S. government also released H-1B visa salaries that individual employers plan to pay foreign workers, as indicated on applications approved by USCIS (and still subject to State Department review).

The biggest names in technology planned to pay the highest average salary to H-1B visa holders in fiscal 2016. But they also expected to hire fewer workers than other companies, according to data on applications approved by USCIS. Facebook planned to pay an average salary of $140,758 on 1,107 H-1B visa applications (a total that includes both first-time and renewal applications), the highest average salary paid among the 30 companies with the most visa approvals. Apple planned to pay a $138,563 average salary on 1,992 applications, while Google paid a $131,882 average salary on 2,517 applications.

The top prospective employers of foreign workers on H-1B visas provide information technology and other business services. Cognizant Tech Solutions, an IT consulting company based in New Jersey, had 21,459 applications approved in fiscal 2016, the most of any company. The next two top H-1B employers are companies based in India with offices in the U.S.: Infosys (12,780 applications approved) and Tata Consultancy (11,295).

Immigration Discussion Continues; Recommendations on the Horizon

The fifth meeting of the Senate Select Committee on Immigration Issues was recently held. Topics discussed included Indiana demographics, provided by a representative of the Partnership for a New American Economy. The chairman of the 6th congressional district Latino caucus also provided the committee with information about the struggles of Hoosier Latinos in Union City. He further testified to the use of and success of a voluntary emergency ID program for undocumented immigrants in his community. He suggested the idea could possibly be mirrored by the state.

Senator Chip Perfect (R-Lawrenceburg) discussed the quandary for employers that would be presented with an ID/driver’s license that could be used for purposes of the I-9 for hiring but on that document specifically identifies that the person is undocumented. Social work students from Valparaiso University testified to the need to allow for undocumented immigrants to have access to higher education. Senator Mike Delph (R-Carmel) asked committee members to provide thoughts for recommendations to the General Assembly before the next and final meeting on November 10. At that time, we should get a feel for what Sen. Delph will be wanting to do in regards to potential upcoming legislation.

Immigration Matters Continue to Be Debated in Summer Study

The Senate Select Committee on Immigration Issues met recently for its fourth meeting. An interesting presentation was provided to legislators by the former director of the statistics division of the U.S. Immigration and Naturalization Service.

National undocumented immigrant information was provided to the committee along with more specific information for Indiana. Of the 11 million undocumented immigrants living in the U.S., 106,300 reside in Indiana. That number represents 1.6% of Indiana’s total population.

Marion County, primarily in Wayne and Decatur townships, had the largest population of undocumented immigrants with 12,200; Elkhart and Lake counties came in second and third with 9,400 and 6,100 undocumented immigrants, respectively. Approximately 71,000 overall are in the labor force with 21,500 working as operators, fabricators and laborers, with another 19,100 working in services positions. Sixty percent or 64,200 have lived in the U.S. for more than 10 years and 77,600 (73%) are between the working ages of 18 and 44. Information on origin of birth was also provided with 67,700 (61%) coming from Mexico.

The committee also heard testimony from Goshen College about unauthorized immigrant students. It was reported that since July 1, 2011, Indiana has prohibited resident tuition rates and state financial aid for undocumented students. Eighteen states, Illinois being one, allow in-state tuition for undocumented students.

Goshen College has provided scholarship aid for undocumented students for the past eight years. During the 2015-2016 academic year, Goshen provided $123,000 in aid for these students. The next hearing is scheduled for September 21. It is uncertain as to what the committee will decide to do with the information garnered from the four previous hearings and the three yet to be held. The Indiana Chamber will continue to be involved in these discussions.

Immigration Committee Hears from Business

?????????????????????????????????????????????????????????????The Indiana Senate Select Committee on Immigration Issues conducted its third meeting recently; this time it was the business community which brought its case before Senate legislators. The Indiana Chamber made a very effective plea for Congress and the federal government to bring about comprehensive immigration reform.

At the Chamber’s request, subject experts Jon Baselice, Chris Schrader and Jenifer Brown testified – along with Chamber staff – on the impacts of immigration on companies.

Baselici is the director of immigration policy for the U.S. Chamber of Commerce, served on the staff of U.S. Sen. Marco Rubio (R-Florida) and assisted in drafting S.744, the comprehensive immigration reform bill that passed the Senate. He testified that our immigration system is working abysmally. The U.S. Chamber sees four areas for reform on immigration:

  1. Controlling our borders and preventing individuals from overstaying their visas
  2. Modernization of our legal immigration system, placing more value on a potential immigrant’s skills and talents, along with temporary worker programs
  3. An enhanced employment verification system as long as there is a preemption of state and local E-verify laws, adequate safe harbors for employers who use the system and the creation of an agricultural guest worker program that provides agribusinesses meaningful access to lawful workers in times of need
  4. What to do with the current undocumented population of 11.3 million.

Chris Schrader, president of the Society for Human Resource Management, presented a perspective on E-verify. He discussed its limitations, that there was no safe harbor for employers and that it is unable to authenticate identity. Jenifer Brown of Ice Miller testified on the actions available to Indiana under federal law (including the Immigration Reform and Control Act); the pros and cons of the federal E-verify system – explaining the complexities of the mandatory versus the non-mandatory system; the effect of unauthorized aliens upon the economic well-being of Indiana and the effect of their removal and changes in federal law or policy regarding legal immigration that could improve the Indiana economy. The Chamber also provided a presentation on the difficulties and the process of the I-9 employment eligibility verification form.

Among others testifying before the committee: the Indy Chamber of Commerce, Indiana Farm Bureau, Indiana State Building & Construction Trades Council, Indiana Builders Association and Indiana Restaurant & Lodging Association. Three more meetings are expected before a report is prepared for the Indiana Senate.

Chamber Offers Triple Crown of Compliance Books

HThe Kentucky Derby is fast approaching, and it will likely be another great event — especially for all those in the Kentuckiana area who love a good time. But if you’re tired of the horse race of trying to keep up with regulations and the myriad issues employers and human resources departments must keep tabs on, you’re not alone.

The Indiana Chamber is offering three new books this spring that can help you pace the field.

Authored by attorneys at Ogletree Deakins, The Immigration Guide for Indiana Employers – Fifth Edition (formerly known as the Indiana Guide to Hiring and Managing Foreign Employees) is currently at the printer and headed toward the finish line. The book covers what employers need to know when hiring foreign workers. Some of the topics updated in this edition include:

  • temporary work visa sections: H-1B professionals and L-1 intracompany transfers;
  • Form I-9 completion and compliance;
  • information about President Obama’s pending executive order on immigration and what it means for employers;
  • Indiana-specific E-Verify requirements for certain employers; and
  • handling site visits from the U.S. Citizenship & Immigration Services Fraud Detection Unit.

Ogletree has also authored a brand new title: Indiana Guide to Retaliation Claims. This ePub (online publication) features over 40 pages of instruction and case information that will help your company prepare against retaliation and whistleblower claims. Making a small investment in this guide can help prevent your company from becoming the next cautionary tale. This book is scheduled to be released later this month, but you can place your order now.

Additionally, the Performance Appraisal Handbook – Second Edition can help you effectively conduct appraisals on a regular basis. Authored by attorneys from Faegre Baker Daniels LLP, this book is ideal for HR professionals and small business owners who don’t want to take unnecessary chances in evaluating their employees. This book is slated for May publication.

You can order these respective guides via their web pages or by calling (800) 824-6885.

Immigration Reform Heats Up; Messer Weighs In

The Border Security, Economic Opportunity and Immigration Modernization Act of 2013, S. 744, is currently being debated by the U.S. Senate, with Majority Leader Harry Reid (D-Nevada) seeking final passage prior to the July 4 recess. The comprehensive reform bill has something to like and something to dislike for just about everyone involved, but the primary political battle lines are being drawn between border security first (a Republican priority) and a path toward legalization and citizenship (a Democratic priority).

The so-called “Gang of 8” has labored mightily to keep a fragile coalition of support together in the Senate, but fissures are materializing. What once looked like a very sizable 70 votes in support has dwindled as the debate has progressed. As of Friday morning, June 21, senators were discussing a new compromise border security proposal in an effort to secure more support for the bill.  
 
The best guess at this point is that an amended S. 744 passes the Senate with overwhelming support from Democrats and just enough Republicans to get over 60 votes and send the legislation to the House of Representatives, where Speaker John Boehner’s caucus is even more uneasy and polarized than the Senate GOP. Boehner has publicly stated that any bill that does not have majority support from his caucus will not be heard, so the House may take a “piecemeal” approach addressing specific aspects or issues included in S. 744 (and likely tackling and emphasizing border security first). However, the Speaker has also met with the Hispanic Caucus and the House’s own “Gang of 8” seeking a comprehensive, bipartisan measure.
 
Indiana Congressman Luke Messer (R-6th District) told the Indiana Chamber recently that “if we are able to reach agreement on border security and documented status for workers, then we have an opportunity for further dialogue about what we do about citizenship once those workers are documented.
 
“My sense today is that we don’t yet have a consensus about what to do about citizenship, which makes it difficult if you tie all three together. That’s the challenge. There’s an opportunity to come up with a plan this year to deal with those first two topics. Probably it’s going to take demonstrated success on those to be able to move on to citizenship.” (Look for the full Q&A with Congressman Messer in the next BizVoice® magazine, available online June 28.)
 
We see Speaker Boehner’s leadership at a very serious crossroads on this issue, with many conservative Republicans rebelling against any bipartisan deal that includes a path to legalization or naturalization for illegal immigrants currently in the country. How Boehner squares this circle will be fascinating to watch.
 
The Indiana Chamber believes that now is the time to craft a principled, pragmatic reform that secures the border, strengthens the rule of law AND creates a program for undocumented workers to earn legal status, as it is utterly impractical to seek the mass deportation of an estimated 11 million individuals.

Time to Abide by New Rules in Indiana

More than 200 new state laws went into effect today. Unless you like to throw caution to the wind – which is not known as a wise tactic in the face of law enforcement – it’s a good idea to take note of what’s now on your to-do and to-don’t lists. Below are a few examples.

For Companies:

Verifying immigration status of new hire
Virtually all employers will need to confirm through the federal E-Verify database that a new employee is here legally. The penalty for employers failing to comply is loss of tax benefits. The E-verify system itself is free, but in reality employers will have internal administrative costs for running each employee check.

Machinery and equipment deductions
Businesses can now seek greater personal property deduction (abatement) from their local governments. On the table are significant tax deductions on new machinery and equipment purchases.

Union secret ballot election
Aimed at eliminating possible coercion tactics, this law requires all elections regarding employee/union representation to be conducted via a secret ballot.

For Citizens:

Don’t text while driving
This seems like a no-brainer, but apparently nothing really is. Only those using a hands-free, voice-operated smartphone can continue “texting” while actually on the road.

Drug testing before state workforce training
Unemployed Hoosiers who want to take advantage of various training programs offered by the Indiana Department of Workforce Development must be prepared to take a drug test. If you pass, you can sign up for the WorkOne training.

School choice scholarships
Low- and middle-income families unhappy with their child’s education can now apply for scholarships to help pay the cost at a public or private school of their choice. Only students who have spent at least one year in a public elementary or high school are eligible, and the program is first come, first serve (with a limited number of scholarships available).

Common sense liquor store ID requirements
No longer should stores ask to see ID before selling liquor to people who clearly were around before advent of the television. Only those who appear to be under the age of 40 will be required to produce their identification. For me, that means I will now consider it a compliment if I’m carded.

Child support before gambling
If an individual strikes it big at a casino but is also ignoring court-ordered child support obligations, those casino winnings will be withheld and applied to the outstanding support payments. It’s called prioritization.

Looking for something else? All 2011 laws and their summaries can be found in a report prepared by the Indiana Senate Majority.

Session in Review: Frustrating at Times, but Satisfying

Indiana Chamber President Kevin Brinegar wraps up the 2011 Legislative Session. While frustrations included the House Democratic exodus and lack of township reforms, he labels the session "overwhelmingly satisfying" due to positive education reforms, tax cuts and immigration reform that was not as punitive to businesses as it could have been.

Chamber Names Top 5 Successes from 2011 Session

Long overdue education reforms, vital tax reductions to stimulate economic growth and common sense prevailing on illegal immigration represent the biggest victories of the 2011 legislative session, says Indiana Chamber of Commerce President Kevin Brinegar.

"This was a very good year for pro-economy, pro-jobs bills that will positively impact households throughout the state. And the new education laws put the focus where it should be — on students and increasing their potential for academic achievement; these are the most significant enhancements to the state’s education system in more than 20 years," he explains.

The Indiana Chamber’s list of the five most important victories this session (in alphabetical order) with comments from Brinegar:

Corporate income tax rate reduction (HB 1004) — Decreases Indiana’s rate, one of the highest in the nation, from 8.5% to 6.5%; will be phased in over four years.

"This significantly strengthens Indiana’s already strong business tax climate. Indiana’s corporate income tax was exceedingly high; this reduction will make Indiana more competitive and bring its corporate rate in line with other states. Existing C corporations and their employees will realize the benefits through increased investments in jobs, equipment and company growth."

Illegal immigration policy that’s workable (SB 590) — Makes attempt to determine legal status of immigrants but does not aggressively overreach.

"This new law is much better than what was originally proposed. We can live with it. It’s a far cry from the discriminatory Arizona-style immigration law it started out as, which could have resulted in severe financial ramifications for the state’s economic development efforts. Thankfully, common sense prevailed.

"The ‘three strikes’ provision that could have led to a business losing its operating license and permits was removed, as were most of the law enforcement sections along with the ‘English-only’ requirements for public agencies." Continue reading

Results Available; New Poll Seeks ‘Loser’

We’ve been asking you poll questions related to this year’s legislative session, but not reporting back on the final results. What’s up with that? I could offer a variety of excuses, but none would really suffice.

Below are the outcomes of your votes. We’ll do better in the future. And check out the current poll, which asks you to select the "loser" as the result of the recently concluded House Democrat walkout.

  • Do you support an Arizona-style immigration law for Indiana? 53% yes; 47% no
  • Should the responsibilities of Indiana townships be transferred to the county level? 68% yes; 32% no
  • Did you support House Democrats leaving the state in an attempt to kill legislation they opposed? 75% no; 25% yes
  • Do you believe that K-12 education dollars should follow the child — allowing parents to send their children to the school of their choice? 64% yes; 36% no
  • And last week we asked: How do you think this legislative session will end? Gov. Daniels calls special session(s), 47%; Democrats return at end to vote on budget, 29%; key bills revised and House Democrats return, 12%; and Other, 12%

That special session could — but hopefully not — still come into play. As we’ve said multiple times, it’s time for legislators to complete the job they were elected to do.