The U.S. semiconductor industry is estimating a shortfall of 67,000 employees by 2030, per the Semiconductor Industry Association (SIA). While efforts are ongoing to attract and train U.S. employees, the SIA projects a large gap will remain. As such, the group is suggesting a semiconductor visa to bring foreign engineers, computer scientists, and technicians from around the world to the U.S. The semiconductor industry plays a critical role in national security and the broader U.S. economy and as such, urgency is required.
Although the H-1B visa is meant to support these needs, there are clearly issues with a lack of availability, particularly around the per-country limit. A new visa, targeted specifically for the semiconductor industry, is one possible solution.
The Economic Innovation Group (EIG) and the industry is proposing a new semiconductor visa, called the Chipmaker’s Visa. The proposed visa offers a streamlined process to bring in foreign qualified talent when U.S. employees are not available. The proposal suggests up to 10,000 new visas per year with a simplified green card process. The suggested program breaks up the total into quarterly allotments of 2,500 each. These visas would be auctioned to qualifying companies each quarter. The visa would be valid for five years and be automatically renewed one time for a total of ten years.
The H-1B system is facing several challenges, prior to adding the increase in demand for foreign chipmaker visa demand. With the lottery system and the 7% cap on a per country basis, individuals from larger countries, like India and China, have a lower probability of receiving a visa. Further, these visas are valid for three years and are extended to a total of six. H-1B visa holders can remain in the U.S. indefinitely while awaiting their Green Card with a valid I-140 petition, but these skilled workers face uncertainty that they will gain their permanent residency or citizenship status. As such, it may discourage these workers from coming to the U.S., opting to either stay in their home country or consider other countries.
ILBSG continues to actively monitor ongoing news about U.S. immigration policy, both employment-based and family-based. If you have questions about the H-1B program or any other U.S. immigration related issue, contact us. We work with our clients in their particular situations to ensure they get the right advice.
