Technology immigrants in US

US technology industry insiders in Silicon Valley said on Friday that the immigration reform measures announced by US President Barack Obama this week fell far short of what the industry needs in order to ease the hiring and naturalization of foreign-born software engineers.

In a speech Thursday, Obama outlined plans to use his executive authority to reform immigration rules - bypassing the Republican-controlled Congress, which has blocked previous attempts at immigration reform.

"I will make it easier and faster for high-skilled immigrants, graduates and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed," Obama said.

However, Obama's package of reforms is primarily directed at millions of illegal immigrants, so-called "undocumented" people - especially parents of US-born children. It is estimated that there are more than 11 million undocumented immigrants in the US, most of them from Mexico or Central America. Obama's proposed rule changes would protect nearly half of them - some five million people - from the threat of deportation.

Foreign technology workers aren't illegal or undocumented

Most foreign-born technology industry workers in the US are not illegal immigrants. They are in the country legally under special temporary visas called H-1B visas - temporary visas that allow US employers to temporarily hire foreign workers in specialty occupations.

The technology industry wants to increase immigration of foreign-born engineers, especially software engineers. It wants the government to make it much easier for workers who are already in the country on temporary visas to stay, and become full US citizens.

To that end, it wants the government to make it easier and faster for holders of H-1B visas to convert them into "green cards" - identification cards that give immigrants permanent resident status. But Obama's proposed reform does little in that direction.

H-1B visas are not immigration papers - they confer no long-term right of residency in the US. The visa is normally granted for three years, extendable to six years. It is only granted in connection to a specific employer; if a worker holding an H-1B visa quits their job or is fired, they must either find another employer willing to sponsor them under H-1B; successfully apply for a different kind of visa; or leave the country.

Obama's reform helps some tech workers

Obama's executive order does adopt some measures that help foreign-born tech industry workers.

The Department of Homeland Security (DHS) will expand a part of the H-1B visa program that lets businesses hire foreign students who graduate from US colleges with degrees in science, technology, engineering, or math.

DHS will also streamline the labor market test required before employers are allowed to sponsor people for green cards.

Further, DHS will change regulations so that employees who have been approved for green cards - but haven't received their formal immigration visa papers yet - can move or change jobs. Issuing immigration visas can take many years because of a huge backlog in applications.

In addition, it will become easier for green-card applicants to temporarily leave and re-enter the US without losing their place in line.

DHS will also make it easier for spouses of people who hold some types of H-1B visa to get a work permit. That measure is expected to affect 410,000 people.

And Obama also said DHS would "expand immigration options" for foreign entrepreneurs who create jobs and add to the US economy - though details were not immediately available.

A missed opportunity?

But industry sources say Obama missed a chance for a much more substantial easing of rules for foreign tech workers.

"This holiday season, the undocumented advocacy community got the equivalent of a new car, and the business community got a wine and cheese basket," one lobbyist told Reuters news agency.

nz/uhe (Reuters, dpa)