Supply and Demand: Immigration of the Highly-Skilled and Educated in the Post-9/11 Market, 48 J. Marshall L. Rev. 419 (2015)

Post-9/11 immigration law and policy has had a significant impact on immigrants residing in the U.S. lawfully. Specifically, individuals applying for and immigrating using nonimmigrant employment and education visas have seen a markedly changed environment. Since this directly affects the U.S. economy, its impact cannot be underestimated. Therefore, the sections that follow will address the immigration of the highly skilled and educated in the post-9/11 market, specifically focusing on H-1B visas. Section II will begin with an explanation of the current U.S. immigration system, highlighting the restrictions on employment-based visas. Next, Section III will provide an overview of the H-1B visa, which is the most commonly utilized visa for highly skilled and educated workers coming to the U.S. Sections IV and V will illustrate the importance of the intangible skill sets these immigrants bring into our markets and describe the losses we are suffering through the forfeiture of these valuable assets. Section VI will then provide an in-depth analysis of the problems with the H-1B numerical cap as it stands in 2015. Finally, Sections VII and VIII will explain the most recent developments in this area and propose possible, long-term solutions to remedy this hot-button issue in immigration today