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CP Solves – Cap Removal




Removing the cap attracts foreign labors -- key to industry development and economic growth.


Malshe 10 (Ajay, Cornell Law School J.D. 2009; Goodwin Procter Fellow at the Capital Area Immigrants’ Rights (CAIR) Coalition in Washington D.C., “ FROM OBSOLETE TO ESSENTIAL: HOW REFORMING OUR IMMIGRATION LAWS CAN STIMULATE AND STRENGTHEN THE UNITED STATES ECONOMY”, 2010, Albany Government Law Review, Volume 3, Number 1http://www.albanygovernmentlawreview.org/files/Malshe.pdf)

To revitalize and strengthen the U.S. economy, it is necessary to recruit the best and brightest foreign workers. These are the immigrants who will complement the native labor force, stimulate innovation and production, and create jobs for Americans. While these workers typically arrive in the United States through the H-1B visa program, the majority of them will attempt to obtain permanent residency while they are here. To end the current recession and strengthen the U.S. economy, Congress must begin by simplifying the process for immigrant workers. This is why Congress should exempt certain high-priority workers in fields of great importance from the employment-visa quota and preference category system. The employment-visa exemption would apply primarily to immigrants with advanced degrees in STEM fields that are crucial to this country’s attempt at economic recovery. The CIR Bill of 2006 also suggested this mechanism, exempting from the immigrant visa scheme aliens with certain advanced degrees in the STEM fields that had been working the previous three years in the United States as nonimmigrants.179 When necessary, the Department of Labor can also exempt immigrants that work in fields of critical shortage.180 The Department of Labor should have little difficulty identifying fields of critical shortage through employment surveys and monitoring fields that traditionally suffer from shortages of native labor. However, critical shortages vary from time to time and should not be part of the permanent cap-exempt structure. 181 Other bills have suggested creating a new category of immigrant visas for STEM professionals rather than an exemption. 182 The per-country quota system that prevents the government from effectively issuing immigrant visas to those who want them must be reformed. The quota system has always been the subject of much contention, even dating back to the enactment of the original Immigration & Nationality Act in 1952. An exemption, however, is preferable. A new visa category would not go far enough to revitalize the economy—it would still be subject to the quota system, resulting in oversubscription. Highly skilled workers who are already working in the United States should be encouraged to make a commitment to the United States by becoming permanent residents and eventually citizens. Immigration policy must prioritize long-term interests, which means attracting and retaining highly skilled workers so that they can continue to contribute to the economy. 183 The current law allows only approximately 9,800 individuals from any country to obtain an employment-based immigrant visa each year.184 This creates a remarkably inefficient immigration scheme that profoundly inhibits the nation’s ability to retain the immigrants it needs to compete in the global economy.


CP Solves – Aerospace Industry




Aerospace industry has severe shortages -- visas for STEM educated students solves.


Stephen 10 – Chair of the Aerospace Industries Association Workforce Steering Committee [Rick Stephens (Senior Vice President of Human Resources and Administration @ The Boeing Company), “HEADLINE: SCIENCE, TECHNOLOGY, ENGINEERING AND MATH EDUCATION,” Committee on House Science and Technology Subcommittee on Research and Science Education, CQ Congressional Testimony, February 4, 2010 Thursday, pg. ln]
Let me also provide a perspective that I believe is important to set a framework and context. In 1983, a blue-ribbon panel completed a seminal piece of work called "A Nation at Risk," which set the tone and framework for improving education in America. While it focused on primary and secondary education, I believe this work is directly related to today's topic. Today, nearly 27 years later, I contend that we are no longer a "Nation at Risk"; we are a "nation falling further behind" this despite the fact that, as a nation, we spend more money on education at a total level and on a per-capita basis than any other country in the world. Hundreds of organizations are focused primarily on improving education in the United States and, more specifically, on STEM disciplines. These include the National Science Teachers Association, the Business-Higher Education Forum (BHEF), the Aerospace Industries Association (AIA), the American Institute of Aeronautics & Astronautics (AIAA), and the National Defense Industries Association (NDIA). In addition, every college and university is focused on increasing the number of graduates. We are proud to be among those industries that have placed the United States in its leadership role in technology, innovation and the ability to solve highly complex problems. But as both the pace of innovation and the need for problem-solving accelerate globally, the United States faces a competitive gap that we can close only if more of our young people pursue careers in the growing fields of STEM disciplines. In my industry, the Aviation Week 2009 Workforce Study (conducted in cooperation with the Aerospace Industries Association, American Institute of Aeronautics & Astronautics, and the National Defense Industries Association) indicates aerospace companies that are hiring need systems engineers, aerospace engineers, mechanical engineers, programming/software engineers and program managers. Today, across the aerospace industry, the average age of the workforce continues to increase, and expectations are that approximately 20 percent of our current technical talent will be eligible to retire within the next three years. As a result, in the very near future, our companies and our nation's aerospace programs will need tens of thousands of engineers in addition to those joining the workforce today. These are becoming difficult jobs to fill not because there is a labor shortage but because there is a skills shortage: Our industry needs more innovative young scientists, technologists, engineers, and mathematicians to replace our disproportionately large (compared to the total U.S. workforce) population of Baby Boomers as they retire. At the same time that retirements are increasing, the number of American workers with STEM degrees is declining, as the National Science Board pointed out in 2008. This skills shortage is a global concern across the board in all high-tech sectors public as well as private.

Critical shortages in space sector make retaining more foreign workers skilled in STEM key


Homes and Bates, 10 (Mark and James, 7/1/10, “Space Workforce:Attracting the Next Generation,” Satellite Today, Holmes: professor in Department of Mathematical Sciences at Rensselaer Polytechnic Institute, Bates: Congressman from Maine, JPL)

One of the main issues facing the space sector is an aging workforce, and attracting the young people that will build, launch and operate the rockets, satellites and communications networks of the future has proven difficult. The sector has lost the appeal it once had and now faces increased competition in convincing future engineers that space is more relevant than ever. Concerns over the aging workforce is the number two issue for members of the Aerospace Industries Association (AIA), whose members includes U.S. manufacturers and suppliers of aircraft, space systems, equipment, services and information technology, says Daphne Dador, AIA's manager, workforce. "A lot of our leaders and companies are really focused on developing a qualified workforce for the future. As it stands now, there are certainly challenges for our workforce." Among them is that 38 percent of the U.S. aerospace workforce is 50 or older, with 20 percent of the workforce forecasted to reach retirement age in the next three to five years. "When it comes to pending retirements and the supply side, getting young people to work in this industry is a concern," she says. Before the House Science and Technology Subcommittee on Research and Science Education in February, Rick Stephens, senior vice president of human resources and administration at Boeing and chair of the AIA Workforce Steering Committee, said the United States is "falling further behind" in science and engineering education. "These are becoming difficult jobs to fill, not because there is a labor shortage but because there is a skills shortage. Our industry needs more innovative young scientists, technologists, engineers and mathematicians to replace baby boomers as they retire. United States Organizations and companies around the globe are working on improving the situation, and with many, it begins by spurring interest in science, technology, engineering and math (STEM) in the youngest generations and keeping that interest alive as they pursue college and then careers. "If we in the United States hope to retain our nation's leadership in science, technology and innovation, we must immediately address the looming STEM skills gap," says Stephens. The AIA has helped develop an industry-wide STEM coalition that includes contributions from other sectors such as information technology, health and entertainment. While these are the same sectors that the aerospace business is competing with for talent, the aging workforce also is affecting them as well, says Dador. "It's one issue we all agree on, and the approach and attitude when we work with different industries is that a rising tide raises all boasts. Then we can go out as aerospace and compete for these individuals," she says. Members made investments in STEM education efforts in 2008 with organizations such as 4-H, the Boy Scouts and the Mathcounts Foundation. One of the AIA's more successful programs is its Team America Rocketry Challenge for middle and high school students. The competition, conducted in coordination with the National Association of Rocketry, pits teams against each other in a competition to design, build and fly a model rocket to a specific altitude and duration. The most recent version, held in May, was the eighth the AIA has conducted and was won by a high school team from Millersville, Pa., which will represent the United States in an International Fly-Off in July at the Farnborough International Air Show in England against teams from the United Kingdom and France.
Increasing skilled immigration key to US aerospace leadership.
Wharton School 9 – Knowledge @ Wharton, “Wanted: Qualified Engineers to Keep the Aerospace Industry Flying”, Wharton School of Business @ University of Pennsylvania, http://executiveeducation.wharton.upenn.edu/wharton-aerospace-defense-report/upload/A%20Shortage%20of%20Engineers%20Threatens%20the%20Industry%20and%20Nation.pdf

As daunting as those current challenges appear, the biggest problem is only just beginning to appear on the horizon. Analysts worry that the domestic industry -- a potent engine for jobs and one of the few American industries with a trade surplus -- faces an unprecedented wave of retirements in the years immediately ahead. At the same time, there is a severe shortage of younger, qualified workers in the pipeline. According to a 2008 Aviation Week workforce study, 58% of the aerospace workforce is over age 50, with only 22% under 35 years of age. In 2007, the rate of retirement was only 2%, which represented almost 13,000 people. As more and more boomers reach the end of their careers, a 13% retirement rate looms, which will mean the loss of nearly 85,000 workers. That is the crux of the problem. Without a workforce with engineering skills, the U.S. aerospace industry will lose its innovative and productive edge. While the country graduates about 70,000 engineers annually, only a small percentage enters aerospace or the related defense industry. Instead, many enter professions where their engineering degrees are barely relevant -- such as finance, banking and law – often lured by potentially very high salaries. The crisis is exasperated by the rapidly declining number of American college students studying so-called STEM disciplines -- science, technology, engineering and math. And American students at the elementary through high school levels don’t score as high on math and science as those from many developing countries. This combination will reverberate throughout the industry at some point soon. "Unfortunately, we are not in a field that can take young, unqualified people and train them for the job," says Marion Blakey, president and CEO of the Aerospace Industries Association (AIA). Potential workers need to be well trained in engineering fundamentals. "We need that foundation before we can give them the requisite training in the field." U.S. Interest Is Lagging Without that training, potential workers will be qualified to land only production jobs in aerospace. The higher paying jobs will go to foreign guest workers, who are graduating with American engineering degrees in growing numbers. According to an AIA study, 60% of engineering PhDs in 2007 went to foreign nationals compared to only 40% in 2003. That source of workers has kept the U.S. aerospace industry humming, but appearances can be deceiving, especially in the defense sector. As more people with security clearances retire, foreign workers will not be permitted to replace them because of national security regulations. By contrast, the National Academy of Sciences noted that India produced about 350,000 engineers in 2004 and China some 600,000. Many are trained in the U.S., still considered home to world’s premier universities. But other countries are beginning to catch up. "You look at PhD. students in technology and the faculty that teaches them at U.S. universities, and you notice that the majority are foreign born," says Morris Cohen, a professor of operations and information management at Wharton. "What is different now is that countries like China and India and other places have developed their own high-level education. We are beginning to compete for the best students." Some of those students remain in the U.S. and take engineering jobs that do not require a security clearance. But a growing number are returning to their native countries with their U.S. university granted PhD.s to help set up a domestic aerospace industry. China, in particular, has ramped up efforts to create a domestic industry that can expand production of short-to-medium-range, narrow-bodied commercial jets and begin to produce wide-body, long-range jumbo jets by 2020.

CP retains foreign workers and graduates key to revitalizing U.S. aerospace and engineering and maintains general control over immigration


Tiger, 8 (Joseph, Spring 2008, “RE-BENDING THE PAPERCLIP: AN EXAMINATION OF AMERICA'S POLICY REGARDING SKILLED WORKERS AND STUDENT VISAS,” Georgetown Immigration Law Journal, degree in economics from Georgetown University, J.D. candidate at the Georgetown University Law Center, JPL)

Furthermore, in terms of America's own interest, some fields of study, such as aerospace engineering or physics, are more valuable in terms of supply and demand than others, such as the liberal arts. The issue is not that science and technology are superior to the liberal arts, but that there are far fewer American students majoring in science and technology than in the liberal arts. Policies governing foreign students in America should take into account this disequilibrium. Upon graduation from American universities, those foreign students whose presence would constitute a real benefit to America should be presented with three long-term options: accept an H-1B temporary work visa, accept EB green card status, or return to their native countries. The question is: which students are desirable? Although there is obviously no easy answer, the United States might be guided by the policies of Australia and Canada, which have set up general skill-based immigration systems. n198 Their laws are modified regularly to reflect the changing demands of the economy. General skill-based immigration is beyond the scope of this article, but a similar system could be applied with relative ease to America's student visa system. It might be argued (as a topic for another paper) that any quotas set on foreign students and foreign workers with desired skill sets are counterproductive to the interests of America. However, as a potentially better alternative within a system that does employ quotas, Congress could delegate to a [*527] bipartisan committee n199 the authority to determine which skill sets are deemed desirable now and in the future given the overall direction of the United States' economy. Such a committee would make its decisions based on economic studies, analysis of macroeconomic trends, and input from private industry. These determinations would be summarized in a statement outlining recommended policies for the special issuance of H-1B visas and green cards to foreign students in areas of academic concentration deemed desirable (possibly with specific quotas set for each of these fields of study); in contrast, foreign students majoring in other subjects would have to compete for H-1B visas and green cards issued within the limits of their respective general quotas. There is some parallel in the self-adjusting system in place. That is, the overall state of economy should be reflected by which employers make filings, on behalf of their prospective employees, for EB status or H-1B visas. However, the cap distorts the theoretically optimal results that one would otherwise expect to see. When too many applications for H-lB visas are filed at once, a lottery determines who gets the visas; consequently, visas are granted on a random basis rather than a basis directed at helping to meet America's current and anticipated needs. Employment-based green cards are granted on a first-come, first-served system, and there is currently a three-year backlog for the EB3 visa, creating a time lag in meeting America's needs. By delegating such authority to an expert committee, the federal government could retain control over immigration while resolving many of the above-described problems. Obviously, if Congress disagrees with the committee's decisions or wishes to promote an agenda outside of the scope of the committee, it always retains the power to pass laws granting certain foreign students the option of remaining in this country. For example, even if the price of fossil fuels were low and there were little motivation to invest in alternative energy by the private sector, Congress, concerned about the national security implications of dependence on foreign oil, could permit students with expertise in green energy to remain in the United States. Such a system would have the advantage of guaranteeing either an H-1B visa or an EB green card to students upon graduation, conditional upon them finding employment, while retaining federal control of the immigration system.
Current restrictions guarantees huge outflows of foreign talent from the US -- only the CP sustains the aerospace industry and prevents skill shortages.

Fisher 10 - Lieutenant Colonel in the US Army [William O. Fisher, “U.S. Space Policy and Space Industry Strangulation,” Strategy Research Project, U.S. Army War College, 25 March 2010]

Effect on Human Capital The regulatory requirements have also had a negative effect on the pool of human capital available in the U.S. for research and development. For many of the same reasons that materiel was controlled (the ongoing cold war), human capital and intellectual capital are also regulated. In this area the world has experienced great change. As with technology, the regulatory requirements have not changed to meet the requirements of the modern world. Traditionally, the United States had to worry about science and technology flowing out of the country. Today, the U.S. has to be concerned about keeping science and technology flowing into the country.40 As other countries, India and China for example, experience increased economic growth; investment is made in its human 14 capital. This includes world class schools with advanced curriculua in science and technology. In these, and other emerging countries, a world class education system, coupled with a viable industrial base to provide jobs, and a broadening middle class and upper middle class, makes staying near family, hearth and home an attractive option to studying, working and living in the U.S.. The result is that talented human capital remains home instead of emigrating to the United States.41 U.S. space policy, implemented through the AECA and ITAR, has impeded the flow of human capital into the U.S. space industry. Because ITAR restricted information can only be accessed by U.S. citizens or shared with foreign citizens through the licensing process (information is treated like an export), hiring talented foreign scientists and engineers is problematic. Compounding the problem is the fact that licenses are granted for specific information and projects and sharing of information across projects, even in the company, is forbidden unless further licensing is obtained. Limits placed on the number of H1B1 Visas, those used for non-immigrating persons with specialty skills who want to work in the U.S., reduce the overall pool available and exacerbate the problem. The reason this is a major problem for the U.S. is because there are not enough U.S. citizen engineering students to support projected growth in the industry. The U.S. Bureau of Labor Statistics is predicting an 11% increase in space related engineering positions between 2006 and 2016.42 These are new positions and the prediction does not take into account retirements from an aging workforce with approximately 58% of the workforce over 50 years of age. Lockheed Martin has indicated it will need 140,000 engineers over the next ten years just to cover engineer retirements.43 While enrollment 15 for baccalaureate engineering degrees at U.S. universities in 2008 is primarily U.S. students (94%), foreign students enrolled in masters programs make up almost half the population (43%), and are over half for doctoral programs (52%).44 Trends from 1999 to 2007 for engineering baccalaureate degrees awarded are fairly flat running between 91% and 94%. The U.S. student to foreign student ratio for masters programs shows a downward trend from 2000 to 2004 but recovered by 2007 to just 1% higher than 1999 at 61%. U.S. student doctorial degrees awarded have experienced a significant and sustained downward trend from 1999 to 2007 with a 16% decline over that period.45 Two disturbing trends that point to a dilution of the U.S. high technology intellectual base are found in authorship of science and engineering articles and the U.S. share of patent grants issued by the U.S. Authorship, or in this case co-authorship of U.S. science and engineering articles between U.S. and the international community has increased by 27% from 1988 to 2007. This indicates a reduced pool of available U.S. engineers with doctorial level education to drive innovation within the industry. 46 Indeed, this is a two sided coin that clearly shows greater international cooperation, which is welcomed, but it also shows the U.S. science and engineering community not having the resources to author articles independent of the greater international community. Similarly, the U.S. share of U.S. patent grants has been on the decline from 1995 to 2008 dropping by 7% during that period.47 The number of patent grants obtained by an individual or corporation is an indication of successful and marketable innovation. The drop for the U.S. and corresponding rise in U.S. patent grants for Asian countries is another indication of shifting intellectual capital. 16 It is clear that to sustain growth and fill expected engineering positions that the U.S. will have to depend on talented and specialized foreign human capital. Unfortunately, due to a globally broadened technology base and an expanding middle and upper middle class in many of the countries from which these foreign workers hail, the U.S. might be at a competitive disadvantage. In other words these workers will opt to work at home. Access to information, feeling of being part of a team, the ability to work in a desired discipline or on a desired project will all be factors in the individual decision of where to settle and start or continue careers. AECA, USML and ITAR all work against the U.S. in that they restrict access to information and the ability to work on desired projects because of a perceived threat to national security.



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