Tag Archives: Immigration

A Closer Look at H-1B Numbers

H-1B temporary visas for skilled professionals remain in the news as commentators note the relative decline in use of the visa as compared to previous years. According to U.S. Citizenship and Immigration Services, H-1B petitions filed for FY 2012 are indeed running below earlier years. (See Table 1.)

Table 1

FY 2012 H-1B Cap Count

Cap Type Cap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 15,200 6/13/2011
H-1B Master’s Exemption 20,000 10,200 6/13/2011

Source: U.S. Citizenship and Immigration Services

Past Years: Which Companies Have Used the Most?

One source of controversy on H-1B visas has been the number of Indian companies featured among the top H-1B users. While the federal government has not released a complete list of H-1B employers for fiscal year 2010, some press outlets have obtained a top 12 list. Table 2 below shows that Infosys, an Indian company, was at the top of the list. Cognizant was second, Microsoft third, followed by Wipro, IBM India, Accenture, Larson & Toubro Infotech, Satyam, Mphasis and Deloitte. Google and Patni America were number 11 and 12 on the list.

Table 2

2010 H-1B Approved Petitions: Top Ten Employers

Company Petitions Approved in FY 2010
Infosys

3,792

Cognizant

3,388

Microsoft

1,618

Wipro

1,521

IBM India

882

Accenture

506

Larsen & Toubro

333

Satyam

224

Mphasis

197

Deloitte Consulting

196

Source: U.S. Citizenship and Immigration Services

Although the H-1B limit was reached in both FY 2009 and FY 2010, total approvals can differ each year. An application is generally counted in the fiscal year it is approved, rather than the fiscal year the H-1B professional starts working. In other words, a new H-1B approved on May 1, 2010 will be tabulated for data purposes in fiscal year 2010, even if the individual will not start working until October 1, 2010, which begins fiscal year 2011. That may explain why the FY 2010 numbers are higher than FY 2009 for petitions for new H-1Bs (rather than existing H-1B visa holders changing employers or having their status renewed).

Table 3 shows a list of the top 30 employers of new H-1B petitions approved in FY 2009. Wipro tops the list, followed by Microsoft, Intel, IBM India, Patni Americas, Larsen & Toubro, Ernst & Young, Infosys, UST Global and Deloitte Consulting. The list of the top 30 companies is more revealing than only a top 10 list, since one can see a wider variety of employers in the 11-30 range. For example, well-known U.S. companies such as Cisco Systems and Motorola were not in the top 10 but filed for a fair number of petitions for skilled foreign nationals in FY 2009. One also gains a view of the use of H-1Bs by educational institutions, with the Baltimore Public School System, University of Maryland and University of Michigan on the list.

Table 3

Top 30 Employers for New H-1B Petitions Approved in FY 2009 

EMPLOYER

NEW H-1B PETITIONS

Wipro Ltd.

1,964

Microsoft Corp.

1,318

Intel Corp.

723

IBM India Private Ltd.

695

Patni Americas Inc.

609

Larsen & Toubro Infotech Ltd.

602

Ernst & Young LLP

481

Infosys Technologies Ltd.

440

UST Global Inc. 

344

Deloitte Consulting LLP 

328

Qualcomm Inc.

320

Cisco Systems Inc.

308

Accenture LLP

287

KPMG LLP

287

Oracle USA Inc. 

272

Polaris Software Lab India Ltd. 

254

Rite Aid Corp. 

240

Goldman Sachs & Co. 

236

Deloitte & Touche LLP 

235

Cognizant Tech Solutions Corp.

233

Mphasis Corp.

229

Satyam Computer Services Ltd.

219

Bloomberg 

217

Motorola Inc. 

213

Google Inc. 

211

Baltimore Public School System 

187

University of Maryland 

185

University of Michigan 

183

Yahoo Inc. 

183

Amazon Global Resources Inc 

182

Source: USCIS. Petitions approved for initial beneficiaries in FY 2009

Conclusion

Although India-based companies have populated the top 10 list among largest users of H-1B visas, they do not use the majority of the visas each year. A tabulation of India-based companies has found their numbers have declined significantly since FY 2006. As often the only practical way to hire a skilled foreign national to work long-term in the United States, we can be sure employers of all types will continue to use H-1B visas.

Call Centers, Outsourcing, and Immigration

Globalization is not a one-way street. It’s really a multi-lane superhighway with multiple entry and exit ramps. Contrary to the view that globalization means the loss of US jobs, we see that trade and immigration that involves Indians and Americans means jobs in both India and America and an increased variety of products and services for consumers.

The Anti-Outsourcing Hysteria of 2004

During the 2004 election campaign Democratic presidential candidate Sen. John Kerry famously declared that U.S. executives who set up operations in India were, in essence, committing treason. He labeled such executives “Benedict Arnold,” after the colonial officer who switched sides and joined the British during the American Revolution. Kerry said, “When I am President, and with your help, I’m going to repeal every benefit, every loophole, every reward that entices any Benedict Arnold company or CEO to take the money and the jobs overseas and stick the American people with the bill.”

It wasn’t just rhetoric. Local lawmakers began introducing anti-outsourcing legislation at a furious pace. In 2003 state legislators introduced fewer than 10 bills to restrict work from being performed overseas. By 2004, that number increased to over 100 such bills. State lawmakers who would never otherwise receive national attention suddenly found that by introducing a bill they could garner appearances on national television with Lou Dobbs on CNN.

The vast majority of the bills did not pass and the pace of such legislation eventually diminished. However, New Jersey passed legislation that forbids work to be performed outside the United States on contracts with the New Jersey government. A legal analysis by the National Foundation for American Policy found such state bills, including New Jersey’s, were likely unconstitutional because only the federal government, not individual state governments, possesses the authority to regulate international trade. (That study can be found here.) However New Jersey’s law was never challenged in court, in part, because the state provided a generous “grandfather” policy that allowed existing contract arrangements with the state to continue.

What’s Happened Since 2004?

The past 7 years have seen changes to globalization. Indian companies have continued to thrive with US-based customers but have adopted an approach that seeks to maintain a U.S. presence with more US workers, according to recent news reports. The goal is not to mollify critics, although that might be a side effect, but rather to be close to customers and supply better service at a reasonable cost.

A lengthy Washington Post article recently detailed the efforts of India call center operations to place more employees in the United States. The key part of the article explains: “India’s outsourcing giants — faced with rising wages at home — have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.”

Conclusion

The bottom line is important. To remain profitable employers, including Indian companies, most compete both on price and the quality of service. The idea that employers hire only employees who will work the cheapest is belied by experience. A company will soon lose customers and profitability if it hires people whose only virtue is to work for little money. Such employees are unreliable and result in labeling a company as unreliable as well. Most importantly, companies will place employees where customers can be served most effectively.

The marketplace is addressing concerns about jobs going to India and U.S. workers “losing” in the process. Globalization is a boon to Americans, who enjoy great products and services made possible by globalization, such as iPods, iPhones, Androids, flat screen television sets, gaming devices and computers that be serviced with a phone call. New restrictions on either trade or immigration that inhibit the growth of such products and services will only make Americans poorer.