AILA Blog

Senator Grassley and H-1Bs–What’s the Deal?

You have to ask yourself, what is the deal with Senator Grassley and H-1B visas? Most of us have seen Senator Grassley’s rather bizarre and factually inaccurate letter to Director Mayorkas, a mere two months into Director Mayorkas’s term as Director of USCIS. The question we have to ask is why write to Director Mayorkas now?
Senator Grassley has long banged the jingoistic drum “in defense of the American Worker.” What is missing from Senator Grassley’s letter is more important that what was actually in it. For example, where is the discussion about the H-1B cap? There are still 20,000 H-1B visas left for FY 2010. Clearly, the market plays a vital, if not the key role in determining H-1B usage, meaning that a cap is simply not necessary.
Then there is the missing question about why the USCIS service centers are not following the law and the regulations in issuing Requests for Evidence. Finally, there is the lack of Senator Grassley’s apparent concern about the statistical invalidty of the study about which his entire letter is based.
Senator Grassley, if you read this, here is my advice. Back off. Give Director Mayorkas time to implement his plans and allow his strong leadership and background to make a diference in an agency long suffering from a lack of both planning and leadership.
by Charles Kuck