The H-1B visa program has come under fire because many policy experts believe it is being abused to hire foreign workers at the expense of American workers. As estimated, more than 7,00,000 H-1B holders are within the U.S. with an additional 5,00,000 dependents contributing over $85 billion annually to the U.S. economy.

The H-1B visa category is a temporary visa program that allows American companies to employ highly educated foreign professionals to work in ‘specialty occupations’ requiring at least a bachelor’s degree or the equivalent. Jobs in subjects like mathematics, engineering, technology, and medical sciences qualify for H-1B visas.

Jessica Vaughan, a policy expert, presented a report to Congress recommending stricter rules for Temporary work visas. Jessica is of the view that the temporary work visa programs inevitably lead to distortions in the labor market and displacement of U.S. workers, and the immigration agencies should be required to devote more effort to enforcing the rules and combatting fraud. Not only do they contribute to more illegal immigrants with high overstay rates, but they can also create security risks.

The United States does not have a shortage of labor, either in skilled or low-wage occupations. There are millions of Americans of working age who have dropped out of the labor market, says Jessica.

Even in the STEM sector, there are more than two million U.S. STEM degree-holders who are unemployed or not working in STEM, which is about one-sixth of the total. Besides directing more agency action, Congress should overhaul these visa programs to increase opportunities for American workers is what Jessica suggests in the report.

Jessica in her report says no staffing companies should be permitted to sponsor foreign visa workers. These companies operate on a business model designed to replace U.S. workers with workers from abroad who will work for lower wages, and have been associated with illegal hiring practices, such as charging workers illegal recruitment fees and exploiting workers – in both skilled and low-wage occupations.

Also, all employers should be held accountable for high overstay rates for sponsored workers.

In relation to H-1B visas, Jessica suggests that they should be limited to a period of two years with a possible extension to four years, and there should be no automatic extension based on a green card petition.

The total number should be limited to 75,000 or less, including the non-profit and research sector, which is currently unlimited. If the category is oversubscribed, then the visas should be awarded to the highest-paying employers, as a proxy for the highest-skilled workers.

Jessica M. Vaughan is Director of Policy Studies for the Center for Immigration Studies, a Washington, DC-based research institute that examines the impact of immigration on American society and educates policymakers and opinion leaders on immigration issues.

Jessica also shared her recommendation for the H-2A and H-2B foreign workers coming to the US for jobs – Federal government agencies should be permitted to seek approval for visa workers only in very limited circumstances. As for temporary agriculture workers (H-2A), Congress should clarify the definition of agricultural work, to exclude food processing.

Workers should be required to spend 180 days each year in their home country to qualify to return, and no visas should be available to dependent family members. This will help ensure that the visas are temporary.

The H-2B visa program for seasonal or temporary unskilled labor should be eliminated or significantly scaled back to allow a duration of stay of less than one year, with renewal available only after a 180-day return to the home country.