With immigration a key part of incoming President Donald Trump's agenda, a split has already arisen among his supporters over the role of H-1B visas that allow U.S. employers to hire foreign workers in specialty occupations.
Many in the high-tech world say the H-1B visa program is essential to bring in needed expertise; others suggest the program takes American jobs and provides cheap labor for wealthy companies.
But this isn't just an issue involving Elon Musk and Silicon Valley. Any changes would have wide-reaching effects for Wisconsin businesses too, local immigration attorneys say.
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How does someone receive an H-1B visa?
The most typical path to an H-1B visa begins at an American university, Sovern said. Hundreds of thousands of international students earn degrees in the U.S., often in STEM fields, and want to stay here. After college, students can work for one year — or up to three in a STEM field — to get on-the-job experience. Each year, their employers can enter the H-1B lottery. if they aren't chosen in any of the three years, they must return to their home country, go back to school or find another way to stay in the U.S.
Competition is steep: At least 300,000 people apply each year for a shot at 85,000 visas. Applicants have a 20% to 30% chance of being selected .
If they are chosen, they can stay and work in that one job, but it does not come with permanent residency status.
When U.S.-educated students in sought-after fields leave the country, it's drain of talent, said Kelly Fortier, a partner at Michael Best who leads its immigration practice. Even if they work remotely for the American company, they aren't living and paying taxes here.
"We as a country, we want to retain the best and brightest," Fortier said. "If we are educating these individuals at world-class colleges and universities, we should make every effort to keep them here in the United States. If we're not able to do that, we are really losing the benefit of bringing foreign students here to study."
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