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The H-1B conundrum

A new legislation intends to check H-1 B related frauds

Guest post by Madhu Nair

Ever since the 2008 economic crash, Americans have been accusing the H-1 B visa as an instrument used to steal their jobs. The United States is battling a high unemployment rate and the voice for a pro-American job policy is increasing day by day. With critics crying foul over the provisions of the policy and its abuse by technology majors, America’s H-1B visa policy has run into troubled waters.

According to a recent report, Senator Chuck Grassley, a ranking member of the Senate Judiciary Committee, has introduced a legislation which aims to eliminate fraud and abuse of the H-1B visa policy. The legislation intends to make reforms to increase enforcement, modify wage requirements and ensure protection of visa holders and American workers. Grassley says that the legislation will not only benefit American workers, but also help U.S. companies to get quality specialized workers from abroad.

Grassley adds, “Somewhere along the line, the H-1B program got side-tracked. The program was never meant to replace qualified American workers, but it was instead intended as a means to fill gaps in highly specialized areas of employment. When times are tough, like they are now, it’s especially important that Americans get every consideration before an employer looks to hire from abroad.”

The legislation, if passed, may affect jobseekers from India and elsewhere. The recently passed H-1B and L-1 Visa Reform Act of 2013 ensures that an H-1B application filed by a company employing 50 or more U.S. workers will not be accepted unless the employer attests that less than 50% of the its workforce are H-1B and L-1 visa holders. This, in addition, to the legislation introduced by Grassley could mean trouble for companies who seek cheap and quality workers, largely from developing economies. A recently published article had also highlighted that many of the H-1B hires do not belong to the “best and the brightest” category. This further pushed the need to reform the policy which has gained a political face of late.

With a cap of 65,000 H-1B visas a year, Indian companies were seen scrambling for approvals with over 50,000 applications being filed on the very first day of screening. Market analysts say that the cap on visas and other such compulsions will impact the margins of companies adversely. The increasing unemployment has also forced companies in the U.S. to take to sub-contracting and local hiring. This further adds pressure on companies to take to other means in order to achieve their ambitions.

While a short-term impact looks imminent, it would be better to come out with options to avoid such situations in the future. The global economy changed remarkably after the 2008 crisis with the world turning towards developing economies to pave the path ahead. India, with its growing young and abundant workforce, has an edge over other countries in reaping the benefits. But it would be rather cynical to neglect developed economies while doing so. The only way forward is to find a middle ground where countries can work together for a sustainable future.

H1B applicants not the best?

Guest post by Madhu Nair

By definition, the H1B is a non-immigrant visa issued by the U.S. allowing companies to recruit foreign nationals in specialty occupations under the Immigration and Nationality Act. The act, practiced by a number of multi-national companies, has been their gateway to some of the best talents in the world. Aspiring workers from emerging economies like India and China have been quick to catch in on the rush. The practice gave companies an edge over their peers as it reduced their working capital, increased efficiency and scaled up their businesses. For employees, on the other hand, this was an opportunity to realize and live the American Dream.

But if a recent report is to be believed, the quality of H1B workers does not fit the category of “the best and the brightest”. Norman Matloff, professor of computer science at the University of California in Davis along with the Economic Policy Institute, published a study which compared U.S. and foreign IT workers’ salaries, rates of PhD awards, doctorates earned and employment in research and development to determine if H1B visa holders had skills beyond those of U.S. IT workers. As per Matloff, the study did not give any indication of exceptional talent among the H1B holders. He says, “We thus see that no best and brightest trend was found for the former foreign students in either computer science or electrical engineering,” He further writes, “On the contrary, in the CS case the former foreign students appear to be somewhat less talented on average, as indicated by their lower wages, than the Americans.”

Nevertheless, managers at top companies insist they still are not able to source the best minds domestically, forcing them to look beyond boundaries. For Peter Cappelli, professor of management and director of the Center for Human Resources at the Wharton School, this does not sound reasonable enough. In a Wall Street Journal article in October 2011, he argues, “Some of the complaints about skill shortages boil down to the fact that employers can’t get candidates to accept jobs at the wages offered. That’s an affordability problem, not a skill shortage.”

For countries such as India and China, who account for a major share in the H1B program, this should set alarm bells ringing as it may affect their nationals directly. Coming to India, the number of H1B visa approvals saw an upward trend for the year 2012. In the fiscal year 2012, 130,000 H category visas were issued as against 114,000 issued in FY 2011, an increase of 15%. The year, however, saw a 26% increase in denial rate with respect to the number of applications. The rise in denials was mainly attributed to the growing concerns over the business models used by Indian IT consulting companies. This led to heightened scrutiny by the consulate officials which saw the number of approvals go down.

With U.S. still recovering from the 2008 crash and Eurozone yet to come out of the sovereign debt crisis, the current scenario does not look good either. While there is no immediate threat to H1B workers, a relook at the quality of education may perhaps save them the axe. India and China both boast of a large number of highly skilled workers. However, with the current report out, officials and analysts in the U.S. may hesitate to hire anybody from these countries.

The solution, however complex it may be, lies in accurately nipping the problem at the source. There is a need for governments to work together towards a future void of any such conflicts that may lead to a human resource problem. The interests of US’ domestic workers need to be protected, whereas those of H1B applicants also need to be carefully studied. A pragmatic and sensible solution will not only prevent discontent among many, but also lead to a better environment at workplaces.

 

Sanjay Puri’s testimony before the House Committee on Foreign Affairs

CONGRESSIONAL TESTIMONY
THE REBALANCE TO ASIA: WHY SOUTH ASIA MATTERS
Testimony by Mr. Sanjay Puri
President and CEO
Alliance for U.S. India Business (AUSIB)
House Committee on Foreign Affairs
Subcommittee on Asia and the Pacific
March 13, 2013
Alliance for U.S.-India Business (AUSIB)
Testimony of Sanjay Puri
Founder and Chief Executive Officer
Alliance for U.S.-India Business (AUSIB)
Before the House Committee on Foreign Affairs
Subcommittee on Asia and the Pacific
“The Rebalance to Asia: Why South Asia Matters (Part II)
Wednesday, March 13, 2013

Mr. Chairman, Ranking Member, and members of the Subcommittee:

Thank you very much for the opportunity to testify before you today.

From energy security to defense cooperation to bolstering our economic ties and increasing opportunities for high-skilled workers to come to the U.S. or go to India, there are serious obstacles facing the U.S. as we re-rebalance to Asia. However, I believe our mutual interests and shared values can get us where we need to be if the U.S. is committed to deepening the U.S.- India partnership which is one of the most defining of the 21st century.

For purposes of this hearing, I will leave it to others to delve into counterterrorism and intelligence cooperation, military-to-military exchanges and defense trade. My objective is to focus on four broad issues which deserve our consideration.

The four are:
1) Enhanced education collaboration which can change the dynamics of this relationship
2) STEM teacher exchange which can be a game changer for the U.S.
3) The need to allow exports of natural gas to an energy starved India
4) Why we should look beyond New Delhi to different states in India

Enhance Education Collaboration: A Hindu proverb states that you can change a nation through education. I am a firm believer in this proverb and I think it holds a key for changing U.S.-India relations. For all the short-term fixes we might talk about today, I believe education is the long-term solution which is required for the U.S.-India partnership to thrive.
The Alliance for US-India Business (AUSIB) – a not-for-profit trade organization – has been at the forefront of enhancing dialogue between both countries to create opportunities for building higher quality education because we believe that building global partnerships between U.S. and Indian universities will strengthen the bonds between our two nations. Some of the top CEO’s and policy leaders in India today are educated from U.S. Universities. They take with them the knowledge, values and experiences of the United States. They take back the generosity of the American people. This automatically creates economic and cultural bridges between the two countries. It is not a coincidence that Indian companies, led by U.S. educated CEO’s, are much more active in the U.S.-India economic relationship.

Students from India form the second largest group coming to the U.S. for higher education. But demand for higher education in India is also increasing. The Indian Higher Education sector is rising to meet global benchmarks although further efforts are needed to enhance the accessibility, funding and the quality of higher education in the country. India needs at least 500 Universities and 33,000 more colleges in the next 8 years. This alone is a $50 Billion market. India also has a great need for vocational and technical institutes which is another $2 Billion market opportunity.

Where will this additional capacity come from? If it comes from Indian universities partnering with universities and colleges in the States you represent, I believe we will be on our way to making the kind of difference that needs to be made. Through AUSIB EduNext, a higher education initiative which mobilizes organizations and drives tangible results to empower and make educational institutes more capable and future ready for purposes of preserving and promoting the values that India and the U.S. share, we have created a platform for Indian Colleges/Universities to interact and establish long term relationships with visiting U.S. universities. We focus our efforts in the fields of medicine, pharmacy, engineering, business, hotel management, energy, technology and agriculture.

Our results have led to student and faculty exchanges, joint R&D and we have created an online platform that academics on both sides can use to exchange best practices. We have hosted two of the largest U.S.-India education conclaves in 2011 and 2013 which were attended by over 100 education and policy leaders from the U.S. and over 1,000 from India. All three Provosts of Public Institutions in Iowa were represented at the highest level at this year’s conclave besides other Universities.

Governors, Members of Congress from India and the U.S., University Presidents, Provosts, Chancellors, Deans, Department Heads and senior faculty have participated in AUSIB- led delegations and we encourage universities in your district to collaborate with us or the Indian Higher Education sector so that together we can promote the highest standards of education, value systems and governance. All of our conclaves have had a strong corporate participation from the U.S. and India and I believe it is important for Universities to understand what kind of educational capability that companies need and also for companies to form a Public-Private partnership model with the Universities.

Create a STEM teacher exchange program: The second point I would make is regarding STEM education. The United States has a tremendous shortage of STEM teachers at the K-12 level. It is especially very acute in rural, inner city and remote areas. How can we expect our kids to have strong science, math skills when they do not have good teachers? India has a tremendous pool of science and math experts that also speak English. We should consider a specialized short term program that qualifies trains and brings these teachers over to the U.S. for a short duration so that we can create our own pool of STEM experts for the future. AUSIB is currently working with several states to establish a pilot program.

Allow exports of gas to an energy starved India: Currently India competes with China and Japan for buying LNG from Qatar and Australia. Generally it ends up on the short end of the stick as the growing appetite by China has made China much more aggressive. The U.S. only exports Gas to FTA countries and since India is not it needs approval. If the U.S. can find a way to have an economically viable and environmentally clear mechanism to export gas to India it would do three things: increase economic opportunity in the U.S. through exports, reduce India’s energy dependence on the Middle East and thirdly build a more strategic relationship with India given the country’s tremendous need for energy independence.

Look beyond New Delhi outward to various dynamic states in India: As India has entered a period of coalition politics, the states are much more assertive and powerful. The U.S. should build strong economic and cultural ties with these states since they will get away from the policy paralysis that sometimes affects New Delhi. AUSIB just took a delegation to the state of Punjab where the Chief Minister wants to start a Farmer to Farmer exchange with the U.S. since his state is an agriculture state and he wants to learn best practices from U.S. farmers.

There are several dynamic states in India like Maharashtra, Gujarat, Andhra Pradesh, Tamil Naidu that we should engage with. I would like to make a point about the U.S. relationship with the State of Gujarat and especially its democratically elected Chief Minister Narendra Modi. His state is one of the most economically dynamic and has attracted a lot of investments from U.S. companies like Ford and GM. I have participated with other delegates from around the world at one of the premier economic summits in India hosted by the State of Gujarat called Vibrant Gujarat. However, the U.S. Government has boycotted him. While all of us stand for human rights and deplore any violation, the fact remains that after ten years of investigation, India’s Supreme Court has found no evidence against CM Modi regarding the 2002 Gujarat riots and he has been elected democratically thrice, representing more than 60 million constituents. Therefore, in my opinion, it is time for the U.S. to begin the process of engagement with CM Modi.

I thank you for your time and for holding this important hearing, and I look forward to answering your questions.

To download the PDF version of this testimony, click SanjayPuri_testimony.

Check out the video of the testimony here.

Health Care in the Presidential Debates

Guest post by Amit Rao

Understanding the health care policy claims made by President Obama and Governor Romney during the first presidential debate.

Americans tuning in to the first presidential debate on October 3, 2012, saw President Obama and Governor Romney clash over a variety of domestic issues. On health care, one of the major policy areas debated, both candidates sought to draw stark contrasts on Medicaid, Medicare, the Patient Protection and Affordable Care Act (PPACA), and rising health costs. This blog post provides general background on the health policy claims made by both candidates, concentrated around the following main questions:

What does Governor Romney’s proposal to block grant Medicaid to the states mean?

  • President Obama and Governor Romney began their health care discussion by disagreeing on Medicaid, the public insurance program that covers over 60 million low-income individuals.
  • President Obama argued that Governor Romney’s plan to replace Medicaid with block grants would cause a “30 percent cut in Medicaid over time,” cutting crucial care for children with disabilities and seniors in nursing homes.
  • Governor Romney responded, claiming Medicaid block grants – which essentially give states federal funding to freely manage their own Medicaid program’s eligibility and benefits – would enable state Governors to explore new ways to restrain costs while still caring for the poor. He stated his proposal would allocate to the states the same funding they receive now, set to grow at a rate of inflation plus one percent.

Compared to Medicaid’s current federal-state structure, in which the federal government establishes baseline requirements and provides unlimited matching funds, Governor Romney’s plan would enact significant changes to the program’s benefits and funding. Under a block grant system, states are given a fixed payment and increased flexibility to manage their Medicaid programs.  Governor Romney’s block grant proposal would reduce federal funding for state Medicaid programs over time. The Congressional Budget Office (CBO) estimates that, under the  block grant proposal specified by vice presidential candidate Representative Paul Ryan’s (R-WI) plan, the amount of money spent on Medicaid would drop from 2 percent of GDP in 2011 to 1.25 percent by 2030 and then further to 1 percent by 2050.

If states are unable to achieve significant efficiency gains through the unrestricted block grants, the reduction in federal funding could force states to increase their own share of spending, make considerable cutbacks to benefits, or both. As the CBO notes, “cutbacks might involve reduced eligibility for Medicaid, coverage of fewer services, lower payments to providers, or increased cost-sharing by beneficiaries – all of which would reduce access to care” for Medicaid enrollees, composed of half children, one quarter working parents, and one quarter seniors and people with disabilities.

The Centers for Medicare and Medicaid Services (CMS) projects that Medicaid expenditures will grow at an average annual rate of 8.1 percent over the next 10 years. This growth rate is due in part to the expansion of the Medicaid program in PPACA.  If all states choose to expand their Medicaid program, Medicaid spending will increase by $564 billion between 2014 and 2020, and nearly 26 million people will be newly enrolled in the program by 2020.

Governor Romney’s plan calls for state waivers to replace PPACA. To what extent Medicaid would or could expand under these state waivers is unknown.

What impacts will President Obama’s $716 billion in Medicare cuts have on the program’s sustainability?

  • President Obama first brought up the oft-debated $716 billion cut to Medicare from PPACA, stating that the cost savings came from “no longer overpaying insurance companies… and providers.”
  • Governor Romney countered that the $716 billion in Medicare reductions would come from care to current beneficiaries.

The PPACA implements $716 billion in reductions to Medicare’s future payments to insurers and providers over the period of 2013 to 2022. These reductions do not target current retirees’ benefits or eligibility – the PPACA actually increased Medicare recipient benefits for preventive care and prescription drugs. Instead, the cuts focus on reducing payments to private insurers given through Medicare Advantage. According to the Medicare Payment Advisory Committee, Medicare Advantage plans are reimbursed at a rate of 114 percent of traditional Medicare’s costs per beneficiary. PPACA also reduces Medicare reimbursements to hospitals, insurance companies, and drug manufacturers. Under these reductions, the federal government’s total spending on Medicare will still increase annually, but at a slower rate than before.

While these changes do not directly affect beneficiaries, Governor Romney is correct that some providers may stop serving Medicare patients because of the reduced reimbursement rates. The proportion of providers likely to respond this way is not known. Almost all doctors currently accept Medicare patients, in spite of receiving lower reimbursement rates than from private beneficiaries, because of the vast pool of seniors the program supports.

For Medicare’s long-term sustainability, repealing the $716 billion in reductions to the program’s future payment growth would cause the Medicare Part A trust fund (which provides for inpatient care) to become insolvent approximately eight years sooner, in 2016 instead of 2024. Reinstating the higher payment rates to providers and insurers would increase the amount Medicare spends each year, and thus deplete the trust fund more quickly.

Do PPACA’s regulations and Independent Payment Advisory Board (IPAB) constitute a “government takeover?”

  • Governor Romney accused President Obama of enacting a “federal government takeover of health care” through his reform law, by mandating to providers what care they must provide and instituting an unelected board to tell people what kind of treatments they can have.
  • President Obama denied the assertion, emphasizing that PPACA strengthens private insurance by instituting consumer protections and expanding access and that the law explicitly prohibits the board Governor Romney referred to from making decisions about what treatments are given.

PPACA does increase the federal government’s role in health care, primarily through the (now optional) expansion of Medicaid. In addition, the law enacts a variety of regulations that insurance companies and providers must follow, such as extending coverage to those with preexisting conditions, eliminating annual and lifetime caps on care, and requiring large group insurers to spend at least 85 percent of premium dollars towards direct medical care.

Though PPACA significantly increases government regulatory control over the insurance market, the law relies predominantly on private sector infrastructure to extend health insurance coverage.  PPACA requires all non-Medicare or Medicaid eligible Americans to purchase private insurance, and provides subsidies to help low-income Americans afford coverage. In doing so, the law directs millions of new customers to private insurance companies.

PPACA does call for the creation of an Independent Panel Advisory Board (IPAB), to “reduce the per capita rate of growth in Medicare spending.” Governor Romney rightly states that this board of health care experts is unelected, but all 15 members must be first appointed by the President and confirmed by the Senate. Contrary to Governor Romney’s assertion, however, the law specifically states that IPAB cannot deny health care treatments to beneficiaries. Instead, IPAB must make recommendations to Congress to restrain Medicare spending that do not affect beneficiaries. Congress can implement cost control measures to replace IPAB’s recommendations.

What effects has PPACA had on health insurance premiums?

  • Governor Romney argued that because of President Obama’s reforms, health care costs have gone up by $2,500 per family.
  • President Obama countered that while health care premiums have increased, they have gone up slower over the last two years than any point in the last 50 years – implying that this trend occurred because of his health reforms.

Both candidates were partially accurate on their remarks regarding rising health care premiums. Health care costs have continued to rise each year under President Obama, but not primarily because of his policies. According to the Kaiser Family Foundation’s annual survey of health care costs, since 2009 the average family’s health insurance premiums have increased $1,698, due to the rising cost of health care. Such trends have persisted for decades, with average family health insurance premiums rising 97 percent since 2002. Studies show that PPACA has had some impact on rising health care costs since 2010, although minimal. The law’s consumer protections have been found to increase premiums, relatively modestly for employer plans and slightly more significantly for individual plans, but in return consumers are receiving more robust benefits.

While still rising, it is true that the rate of health care cost growth has lessened over the past two years. Health Affairs reports in January 2012 that health spending increased more slowly over the past two years than in another other window over the past 50 years, at rates of 3.8 and 3.9 percent respectively. This has not occurred predominantly because of PPACA, as the law’s main provisions do not take effect until 2014. Instead, experts attribute the slowing of health care cost growth mainly to consequences of the recession and changing behaviors by consumers and providers that have reduced the overall use of health care goods and services. Read more about the drivers of health care cost growth here.

With the rising prominence of health care issues in the 2012 presidential election, understanding the context behind the candidates’ claims is vital for deciding between their dueling visions for health policy.

Full transcript of the presidential debate is available here.

About the Author:

Amit Rao currently works on development and health policy in Washington, D.C. Prior to moving to D.C., Rao graduated from the University of North Carolina with a Bachelor of Arts degree in political science and philosophy and a minor in public policy. All views expressed here are strictly his own.

Blowing hot and cold

As many news reports noted, the past week was significant just for the numbers of Indian ministers in the United States at a given point in time. However, the more did not necessarily make the merrier.

cdn.wn.comNo less than nine members of the Indian Council of Ministers were in the US, including the primus inter pares, PM Manmohan Singh. The PM was in the  U.S. to address a session of the UN General Assembly and  his speech was notable, as one commentator put it, for its reference to “old ideological positions and  old constitutencies,” meant to signal his “disappointment with the West.” The PM seemed to emphasise the point by having a bilateral meeting with an old foe of the West, Iranian President Ahmedinajad, an event described by another commentator as a virtual affront to the United States. What India has to be disappointed about is unclear, and whether the disappointment will be followed up with distancing remains to be seen. Whether that is the most appropriate strategy is also moot in the rapidly changing global scenario.

Many of the Ministers, from Commerce to Power, to Finance were in the U.S. to drum up investment for mega- infrastructure projects back home. There were the usual assortment of think tank reports and seminars that usually coincide with such ministerial visits, but increasingly, they offer only new wine in old bottles, reflecting the current stalemate, if not slump, in relations.  An address by the recently promoted Deputy Secretary William J Burns at the Brookings Institution was even titled “Is there a Future for the US-India Partnership?

Commerce Minister Anand Sharma made a valiant effort to break the logjam on the Totalization Agreement issue but came a cropper. This issue has been attacked from various angles, having earlier being piloted by the Minister of Overseas Indian Affairs. Mr Sharma made the point to his interlocutors that there was no reason not to sign an agreement with India pleading incompatibility between social security systems since India had signed totalisation agreements with many European countries  with which the U.S. had an agreement but this argument cut no ice.  This was not surprising since Under Secretary Blake had made it clear in his last read-out on US-India relations that the U.S. was in no mood to transfer over a billion dollars to India in the current economic mess it found itself in. There was also talk of progress made on a Bilateral Investment Treaty, even though it is almost as if when one side blows hot, the other side blows cold.

The other legs of the relationship, business and the diaspora, can, at best only play a supporting role, and are to an extent affected by the buffeting winds of the strategic relationship. The India-US CEOs forum also held its annual meeting in Washington this past week, but has increasingly less to show for being such a high-powered gathering. While India has a ready-made constituency in the U.S. in the form of the Indian Diaspora, Hillary Clinton’s public diplomacy initiatives are beginning to show results at least in India, with U.S. embassies and missions making all out efforts to engage with the average Indian through all the resources available from   social media to innovative meetups titled Charcha, Chai aur Coffee. The American Center in Delhi even provides a venue for Startup Saturday, a forum for young entrepreneurs to come together to share and learn from each other.

The blow hot, blow cold phase of the relationship into which we have entered seems set to continue into the foreseeable future with, as William Burns himself admitted in his speech, both governments distracted and pulled in different direction by a combination of domestic and external issues.