Grant Sovern Quoted in Milwaukee Journal Sentinel Article About Proposed Bill to End H-1B Visa Exception for Universities
Grant Sovern, a Madison-based Quarles & Brady partner who co-chairs the firm’s Immigration & Mobility Practice Group, was quoted in a Milwaukee Journal Sentinel article about a proposed Congressional bill that would end an exception for universities to the H-1B visa program.
The exception enables universities to hire an unlimited number of specialized workers from countries outside the United States. The bill, proposed by U.S. Rep. Tom Tiffany (R-Wis.), would eliminate the exception.
Sovern explained the rationale for the exception and the challenges universities can face in hiring for these roles. An excerpt:
Higher education institutions are exempt from the annual 85,000-visa cap. They don't have to enter the lottery.
There's a good reason Congress made this exception, said Grant Sovern, a partner at the Quarles & Brady law firm who leads its immigration practice and has worked on H-1B visa issues for 30 years.
Universities are in the knowledge business, he said. They want to hire the best and brightest because they will, in turn, pass along that knowledge to American students. If institutions are restricted by an arbitrary cap like other employers, they are more likely to lose out on a brilliant mind.
H-1B critics suggest the program takes American jobs and substitutes it with cheap overseas labor. But Sovern said that's not the case. The system is designed to incentivize employers to hire U.S. workers.
Visa-holders have to be paid either the prevailing wage for the job and the city, or the average wage of American-born workers staff doing the same job. The government requires employers to advertise its H-1B jobs and salaries at work to ensure no underpaying.
Don't forget the costly, time-consuming process of applying for an H-1B as an employer. They spend up to $10,000 in government filing fees and legal fees for each worker they seek to hire.
"Practically speaking, it's a pain in the butt to hire an H-1B worker," Sovern said.