India cp 1NC

Politics = NB

CP avoids PTX; most of Congress either wants to end arms sales or doesn’t care

"Since I've arrived in the United States, I've had the opportunity to talk to some members of Congress and some of them told me that they also think that it is time for the United States to review this legislation," said Chen. This is Admiral Michael Mullen, chairman of the U.S. Joint Chiefs of Staff: "In the United States, as in China, we follow the law. We have a law, which is the Taiwan Relations Act, and we will continue to follow that until such time as that may change. That's the responsibility of Congress to initiate that. And while there may be discussions, that's not something I am aware is up in terms of a priority at this point in time," he said. Beijing's opposition to the Taiwan Relations Act is not new, but some analysts say the discussion over how Washington should handle its relationship with Taiwan to improve ties with Beijing is growing. Political scientist John Copper of Rhodes College in Tennessee says that until recently, China has generally has been unsuccessful in weakening the legislation. "We've got a very different situation now, with the United States in debt with China, the United States preoccupied with wars, with debt crisis, all kinds of other issues - and not wanting to alienate China," he said. Copper says the legislation gets little notice in Congress and that some scholars and former U.S. officials are arguing in favor of limiting relations with Taiwan to boost ties with China. "There is a lot of talk around to the effect that we should change our policy toward Taiwan -- not mentioning the Taiwan Relations Act specifically, but that's what it means," he said.

***EB VISAS CP (AEROSPACE ADVANTAGES)***

1NC

The United States federal government should exempt graduates from accredited universities in the United States from the employment-visa quota and preference category system if they hold an advanced degree in science or technology.

Only the CP attracts foreign labor -- sustains competitiveness.

Leech & Greenwood, 2010

[Seth R. Leech Professor of immigration law @ Albany Law School & Graduate of the law program at Oxford University (Partner with Whiteman Osterman & Hanna LLP and is a member of the Firm's Immigration and International Trade and Business Practice Groups) & Emma Greenwood, “KEEPING AMERICA COMPETITIVE: A PROPOSAL TO ELIMINATE THE EMPLOYMENT-BASED IMMIGRANT VISA QUOTA,” Albany Government Law Review, 3 Alb. Gov't L. Rev. 322, 2010]

It is widely believed that the current American EB immigration system is broken. The system unnecessarily provides major hurdles to those immigrants that America needs most to remain globally competitive and maintain or regain a robust economy. Chief among these hurdles is the annual cap on the number of EB green cards. The cap is an artificial and unnecessary restraint on EB immigrants and is now severely outdated-not having been changed in nearly two decades. These two decades have seen a rapid expansion in both the U.S. economy and American population, and the quota of 140,000 imposed two decades ago no longer satisfies America's needs. Floodgate arguments are irrelevant in the EB immigrant visa context because both the law and the economy put numerous checks, beyond the immigrant visa quotas, on EB immigrants. The PERM labor certification system, the primary means of EB immigration, provides substantial protections to the American workforce. The PERM system requires that employers demonstrate that there are no minimally qualified American workers available before certifying a foreign worker for immigration. In this way, PERM acts as a filter to ensure that only those that meet a specific labor need are allowed to immigrate. The labor certification system exempts immigrant visa categories for aliens of Extraordinary Ability, Multinational Managers, Outstanding Researchers, and those whose presence is in America's national interest. The certification system allows only those who meet very strictly enforced standards and those who are presumed to be of benefit to the country, to immigrate permanently. The current category-based system filters in only those who will contribute to the U.S. economy. Because of the strict standards embedded in the EB immigrant categories, the caps are redundant. PERM ensures that employers do not undercut or diminish American wages by requiring that employers pay immigrant employees the prevailing wage. If immigrants were undercutting wages, one would expect that the numbers of EB immigration applications would increase in this recessionary economy as employers seek to save money through a cheaper labor pool, or to at least remain constant regardless of the economy. However, it is apparent that the reverse is true. Though the statistical information for levels of labor certification and EB immigrant visa submissions is not readily available for the fiscal year as of writing, it is instructive to consider the effect of the economy on the recent level of H-1B applications. As the economy grew in the years up until late 2008, there were not enough H-1B nonimmigrant visas to fill companies' needs. Consequently, American companies had to delay expansion, expand on a smaller level, or even move their operations overseas in order to ensure that they had the labor needed. As a result of the recent recession, this is the first year that the H-1B cap has not been met. In fact, almost four months into the H-1B filing season for fiscal year 2010, only about half of the H-1B numbers have been used.183 In the previous two years all available H-1B visas were applied for on the first day of the filing season.'84 The available statistics clearly show that PERM green card applications are down.'85 With adequate laws that regulate the quality of EB immigrants into the United States and the recent demonstration that the economy performs a similar regulatory function, there is no need for a cap. Caps are frequently unmet during times of lower economic need, but serve as a chief limitation for American employers in need of labor during growth periods. Hence, caps serve only to put brakes on economic expansion, but do nothing to protect the American workforce in down times when it is most vulnerable. The cap motivates American employers to open up offices overseas and causes foreign talent that would have stimulated the American economy not to choose to settle in the United States. Caps are unwieldy to administrate and it has been shown over the past decade that bureaucratic incompetence in managing the release of immigrant visa numbers and in dealing with labor certifications and immigrant visa applications has contributed to the backlog situation currently being faced. A simple and elegant solution exists in removing EB immigrant visa caps. With the significant amount of proposed legislation over the past five years that would deal with certain aspects of the immigrant visa caps, American politicians have generally recognized that the caps are damaging America's competitiveness. To date, however, no politician has beer bold enough to propose the complete elimination of immigration caps. As the EB immigrant visa backlogs reach epic proportions with nearly a ten-year wait for many of America's most qualified foreign talent, it is hoped that Congress will look for a long-term solution to the negative effects of the visa cap. Congress should realize that proposed immigration bills to date provide incomplete and unsatisfactory solutions. Further, if Congress looks abroad to other developed countries with more successful immigration policies, it will note that they rely much less on caps. The United States has a more sophisticated method of assessing whether an intending immigrant is necessary to the economy than a pointsbased system. For this reason, it is hoped that the U.S. category system will remain largely intact, but that the caps will be removed so that these categories and the economy will regulate the flow of immigration. The result of enacting such a policy is likely to be that the United States would again become the most attractive destination for the skilled and professional employees who have made the United States the world leader in business and innovation.

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