The global work force here at home.

• Author: Khan, Hamid
• Position: EMPLOYING THE NEW GLOBAL WORK FORCE

Over the past 20 years, the number of individuals seeking to live and work in the U.S. has reached historic levels, making the U.S. the largest importer of international labor. While the U.S. constitutes only 20 percent of the industrialized world's population, our country absorbs more than 50 percent of the flow of international labor. This trend is also true in Colorado, which has an especially high immigrant workforce. From 1990 to 2000, the state's percentage of foreign-born persons increased by 189.9 percent, the largest increase of all 50 states. There were 369,894 foreign-born persons in Colorado in 2000, up from 142,434 in 1990.

With so many Colorado employers relying on foreign born workers, it is essential that businesses educate themselves about the evolving principles of immigration law. In the post-9/11 world, immigration laws undergo major procedural and substantive modifications on a monthly (or even more frequent) basis. This article highlights some of the more recent changes affecting employers and their foreign-born employees.

NEW DEVELOPMENTS AFFECTING THE H-1B VISA

The H-1B visa is perhaps the most known, and maligned, visa category available to foreign-born workers. It is routinely relied upon by employers to bring professional-level employees to the U.S. to fill specialized occupations. These workers must have at least a bachelor's degree, or the equivalent, in a specific specialty. Unfortunately, as of Oct. 1, 2003, the number of H-1B visas was capped at 65,000 per fiscal year; it was previously set at 195,000. (While there are exemptions to this cap, they are mainly available to university employees and individuals who have already held H-1B status in the recent past.) Because of the rush by employers to secure their professional workforces, this year's H-1B visas were gone weeks before the fiscal year even began.

To offer some relief, earlier this year Congress allocated 20,000 additional H-1B visas for professionals who have earned a master's degree or higher from an American university. Though the law provided relief to some industries, it did not provide the kind of overhaul many immigration-dependent business had desired. In fact, as further evidence of the demand for skilled workers, it appears the additional 20,000 H-1B visas also will soon be gone.

In further response to the visa shortage, legislation has been introduced in Congress to increase the number of H-1B visas. Meanwhile, employers may want to...