>> Sreenivasan: THE GOVERNMENT
ISSUED NEARLY 1.8 MILLION H1-B
VISAS BETWEEN 2001 AND 2015.
THE PROGRAM IS DESIGNED TO HELP
EMPLOYERS HIRE HIGHLY SKILLED
FOREIGN WORKERS, BUT HAS COME
UNDER FIRE.
LAST YEAR THE PRESIDENT SIGNED
AN EXECUTIVE ORDER TO REFORM ALL
EMPLOYMENT BASED VISA PROGRAMS.
PART OF THAT CRACKDOWN COULD
ALSO STRIP EMPLOYMENT
AUTHORIZATION FROM THE SPOUSES
OF SOME H-1B HOLDERS.
THE CHANGE WOULD MEAN THAT
NEARLY 100,000 MAINLY INDIAN
WOMEN COULD LOSE THEIR RIGHT TO
WORK.
SPECIAL CORRESPONDENT JOANNE
JENNINGS REPORTS FROM SILICON
VALLEY, WHERE TECH COMPANIES
RELY HEAVILY ON THESE FOREIGN
WORKERS.
THIS STORY IS PART OF OUR
ONGOING SERIES ABOUT POVERTY AND
OPPORTUNITY IN AMERICA: CHASING
THE DREAM.
>> Reporter: RENUKA SIVARAJAN
AND MORALI RAGHAVAN APPEAR TO BE
LIVING THE AMERICAN DREAM.
HE WORKS FOR ORACLE AS A SENIOR
NETWORK ENGINEER, AND SHE RUNS A
HOME DAY CARE BUSINESS, WHICH IS
BOOMING.
>> MOO SAID THE COW.
WANT TO EAT SOME GRASS?
>> Reporter: TWO YEARS AGO, THE
FAMILY BOUGHT THIS HOME SO
SIVARAJAN COULD EXPAND HER
DAYCARE OPERATION.
AND WITH THE ADDITIONAL INCOME,
THEY CAN NOW AFFORD THE LARGER
MORTGAGE, AND EXTRACURRICULAR
ACTIVITIES FOR THEIR TWO SONS.
ORIGINALLY FROM INDIA,
SIVARAJAN CAME TO THE
UNITED STATES IN 2003 AS AN I.T.
WORKER BUT HER VISA WAS TIED TO
A JOB IN ARIZONA.
SO WHEN SHE MOVED TO CALIFORNIA
TO BE WITH HER HUSBAND, SHE LOST
HER WORK PERMIT.
>> IT WAS REALLY DEPRESSING AND
FRUSTRATING, BASICALLY.
I HAVE ALL THE SKILLS, AND THERE
ARE JOBS OUT THERE, BUT I JUST
CAN'T GET IT.
I MEAN EVEN IF I CLOSE MY EYES,
AND THINK ABOUT THOSE DAYS IT
FEELS DARK, JUST DARK.
>> Reporter: AS THE WIFE OF AN
H-1B VISA HOLDER, SIVARAJAN WAS
PERMITTED TO LEGALLY RESIDE IN
THE U.S., BUT NOT TO WORK, UNTIL
SHE RECEIVED HER GREENCARD.
SIVARAJAN SPENT A TOTAL OF NINE
YEARS OUT OF THE WORKFORCE.
SO SHE WAS ELATED WHEN THE OBAMA
ADMINISTRATION CREATED THE "H4-
EAD" VISA IN 2015.
IT GRANTS EMPLOYMENT
AUTHORIZATION FOR THE SPOUSES OF
H-1B VISA HOLDERS WHO ARE IN
LINE FOR GREENCARDS.
MORE THAN 100,000 SPOUSES
APPLIED AS OF 2017.
>> THAT WAS LIKE LIGHT AT THE
END OF THE TUNNEL.
I WAS SO HAPPY TO KNOW THAT,
FINALLY, I CAN BE PRODUCTIVE.
I FINALLY CAN START WORKING.
>> Reporter: AS OF THIS APRIL,
THERE WERE MORE THAN 600,000
INDIAN IMMIGRANTS, AND THEIR
SPOUSES AND CHILDREN WAITING FOR
GREEN CARDS.
THE WAIT CAN TAKE DECADES FOR
PEOPLE FROM INDIA, WHO MAKE UP
THE VAST MAJORITY OF H-1B
WORKERS.
THAT'S BECAUSE EACH COUNTRY CAN
ONLY GET 7% OF ALL EMPLOYMENT-
BASED GREEN CARDS GIVEN OUT EACH
YEAR.
>> WHEN PEOPLE SEE US, THEY SEE
THESE BIG HOMES, AND GOOD
SALARIES, AND HAPPY FAMILIES,
BUT THERE IS A LOT OF STRESS.
I MEAN, IN MY DAYCARE I HAVE SO
MANY FAMILIES THAT ARE IN VERY
SIMILAR SITUATIONS, THEY ARE
WAITING FOR THEIR GREEN CARDS,
AND WAITING, AND WAITING, AND
WAITING.
>> Reporter: SIVARAJAN HAS BEEN
WAITING FOR SEVEN YEARS.
AND NOW SHE FEARS SHE COULD LOSE
HER WORK AUTHORIZATION YET
AGAIN.
>> WE BELIEVE JOBS MUST BE
OFFERED TO AMERICAN WORKERS
FIRST.
DOES THAT MAKE SENSE?
>> Reporter: WHEN PRESIDENT
TRUMP SIGNED HIS "BUY AMERICAN,
HIRE AMERICAN" EXECUTIVE ORDER
LAST YEAR, HE VOWED TO REFORM
ALL EMPLOYMENT BASED VISA
PROGRAMS.
AND NOW, HIS ADMINISTRATION IS
WORKING ON A PLAN TO RESCIND
WORK AUTHORIZATION FOR SOME
SPOUSES AS WELL.
MORE THAN 100 MEMBERS OF
CONGRESS SENT A BI-PARTISAN
LETTER URGING THE DEPARTMENT OF
HOMELAND SECURITY TO RECONSIDER.
AMONG THEM, CONGRESSWOMAN ZOE
LOFGREN.
HER SILICON VALLEY DISTRICT IS
HOME TO MANY COMPANIES WHO
DEPEND ON SKILLED FOREIGN
WORKERS.
SHE SAYS IT'S A MISTAKE TO
TARGET THEIR SPOUSES, WHO WILL
EVENTUALLY BE ABLE TO WORK ONCE
THEY GET THROUGH THE GREEN CARD
BACKLOG.
>> THEY ARE AMERICAN CITIZENS IN
WAITING.
IT DOESN'T SERVE OUR COUNTRY TO
PREVENT THEM FROM CONTRIBUTING.
THEY'RE GOING TO BE OUR FELLOW
CITIZENS.
>> SO, MY MAIN CONCERN AROUND
THE DISCUSSION AROUND THE H-4
EAD IS: WHERE DO YOU DRAW THE
LINE?
>> Reporter: RON HIRA IS A
PROFESSOR AT HOWARD UNIVERSITY
AND A SCHOLAR AT THE ECONOMIC
POLICY INSTITUTE.
HE THINKS THE TRUMP
ADMINISTRATION IS JUSTIFIED IN
CALLING FOR AN END TO THE H4-EAD
PROGRAM, WHICH HE SEES AS AN
EFFORT BY THE TECH INDUSTRY TO
EXPAND ITS FOREIGN WORKFORCE.
>> THE REASON WE'RE IN THIS
SITUATION WHERE THERE'S A
MISMATCH BETWEEN THE H1-B
PROGRAM AND THE GREENCARD
PROGRAM WAS 1998 AND 2000, THE
TECH INDUSTRY PUSHED FOR A HUGE
EXPANSION OF THE H1-B PROGRAM.
IT WAS OBVIOUS IF YOU'RE GOING
TO INCREASE THE H1-B PROGRAM
WITHOUT INCREASING THE GREEN
CARDS, YOU'RE GOING TO CREATE A
BACKLOG.
>> Reporter: LOFGREN OFFERED A
BILL TO ADDRESS THAT PROBLEM.
>> THE VISAS ARE ALLOCATED BASED
ON THE COUNTRY OF BIRTH.
AND SO, ICELAND, FOR EXAMPLE,
THAT HAS A POPULATION OF 350,000
PEOPLE, HAS THE SAME NUMBER OF
VISAS AS INDIA, WHICH HAS A
POPULATION OF 1.2 BILLION,
THERE'S NO REASON FOR ALLOCATING
VISAS THAT ARE AWARDED BASED ON
SKILL AND EDUCATION, TO WHERE
YOU WERE BORN.
SO, IF WE EVEN THAT OUT, THIS
WHOLE SYSTEM WILL WORK, NOT
PERFECTLY, BUT A LOT BETTER.
>> IF WE ELIMINATED THE PER
COUNTRY QUOTAS, WE WILL HAVE
REPLACED OUR DIVERSITY SYSTEM OF
IMMIGRATION WITH AN INDIA FIRST
SYSTEM.
>> Reporter: JOHN MIANO WAS A
COMPUTER SCIENTIST FOR 18 YEARS,
UNTIL HE SAYS HE STARTED LOSING
JOB OPPORTUNITIES TO FOREIGN
WORKERS.
>> SO THAT'S A JOB WHERE THE
EMPLOYER SPECIFIED THEY'RE
LOOKING FOR FOREIGN WORKERS.
>> SO HE LEFT HIS I.T.
PROFESSION TO BECOME A LAWYER.
NOW HE'S SUING THE DEPARTMENT OF
HOMELAND SECURITY ON BEHALF OF
LAID-OFF EMPLOYEES AT SOUTHERN
CALIFORNIA EDISON.
HE SAYS THEY JOIN A LONG LIST OF
I.T. WORKERS, AT INSTITUTIONS
LIKE DISNEY, U.C.S.F., AND
ABBOTT LABS WHOM WERE ALL
REPLACED BY FOREIGN H-1B
WORKERS.
MIANO SAYS HIS CLIENTS NOW FACE
EVEN MORE COMPETITION FROM
THEIR SPOUSES.
>> IT DOESN'T MAKE ANY SENSE TO
BRING IN PEOPLE TO FILL SO-
CALLED JOBS WHERE AMERICANS
AREN'T AVAILABLE, AND THEN ALLOW
THE SPOUSES TO WORK WITH NO
RESTRICTIONS AT ALL.
>> Reporter: "NO RESTRICTIONS AT
ALL"-- BECAUSE H4-EAD HOLDERS
CAN WORK WHEREVER THEY WANT.
THAT'S NOT THE CASE FOR THEIR H-
1B SPOUSES, WHOSE VISAS ARE TIED
TO SPECIFIC EMPLOYERS.
>> IT'S TOTALLY BAD FOR AMERICAN
WORKERS.
IT'S A SAD THING THAT WE'RE
SETTING ONE GROUP OF LABOR
AGAINST ANOTHER IN THIS JOB
MARKET, BUT THE REALITY IS, WE
NEED TO THINK OF AMERICANS FIRST
WHEN IT COMES TO THE AMERICAN
JOB MARKET.
>> THIS IS NOT A ZERO SUM GAME.
IF AN H4 SPOUSE COMES HERE.
THEY'RE GOING TO CONTRIBUTE TO
THEIR COMPANY, THAT HOPEFULLY IS
GOING TO CREATE MORE JOBS AND
MORE OPENINGS FOR EVERYBODY.
I THINK THAT WE'RE BETTER AS A
NATION WHEN WE ALLOW EVERYBODY
TO WORK AND EVERYBODY TO
CONTRIBUTE.
>> Reporter: ANDY HALATAEI IS A
VICE PRESIDENT AT THE
INFORMATION TECHNOLOGY INDUSTRY
COUNCIL.
HE LOBBIES ON BEHALF OF BIG TECH
COMPANIES, INCLUDING FACEBOOK,
AMAZON AND MICROSOFT.
IN A LETTER TO THE DEPARTMENT OF
U.S. CITIZENSHIP AND IMMIGRATION
SERVICES, TECH TRADE GROUPS,
INCLUDING I.T.I.C., ARGUED THAT
REVOKING WORK PERMITS FOR
SPOUSES COULD JEOPARDIZE
AMERICAN TECH'S COMPETITIVE
EDGE.
>> THIS WOULD REALLY BE A STEP
BACKWARDS FOR US BEING ABLE TO
ATTRACT TOP TIER TALENT TO THE
UNITED STATES.
30 OTHER INDUSTRIALIZED
COUNTRIES INCLUDING CANADA OR
AUSTRALIA ALL ALLOW FOR SPOUSAL
AUTHORIZATION.
SO THIS WOULD BE A MAJOR
DISINCENTIVE IF WE WERE TELLING
HIGH-SKILLED IMMIGRANTS THAT
THEY COULD COME HERE BUT THEIR
SPOUSES WOULD HAVE TO PUT THEIR
CAREERS ON HOLD WHEN COMING TO
THE UNITED STATES, AND THEY
MIGHT LOOK ELSEWHERE.
>> ONE THING WHICH WAS THE
DECIDING FACTOR WAS WILL I BE
ABLE TO WORK HERE.
>> Reporter: PRIYA YADAV AND HER
HUSBAND, PIYUSH MITTAL, BOTH
HAVE JOBS IN SILICON VALLEY.
HE WORKS AT AMAZON AND SHE WORKS
AT COMCAST.
WHEN THE COUPLE MARRIED IN INDIA
IN 2017, YADAV WAS HESITANT TO
MOVE TO THE UNITED STATES
BECAUSE SHE HAD A GOOD CAREER.
>> HE TOLD ME THAT THERE'S
SOMETHING CALLED H4-EAD ON WHICH
YOU CAN DEFINITELY WORK.
SO THEN I WAS LIKE QUITE ASSURED
THAT OKAY FINE, THEN THERE'S NO
PROBLEM IF I MOVE HERE.
>> Reporter: FOR NOW, SHE IS
RELISHING THE DAILY ROUTINE OF
GETTING READY FOR WORK.
BUT THE UNCERTAINTY OVER THE H4-
EAD PROGRAM IS STRESSFUL, SO
STRESSFUL THAT YADAV AND MITTAL
HAVE APPLIED FOR PERMANENT
RESIDENCY IN CANADA.
HOW LONG DID THAT TAKE, FROM
WHEN YOU SUBMITTED THE ORIGINAL
APPLICATION TO THE INVITATION?
>> ALTOGETHER THE COMPLETE
PROCESS WILL TAKE AROUND EIGHT
MONTHS.
>> IF THIS IS RESCINDED, OR THIS
IS PROBABLY TAKEN AWAY, WE'LL
MOVE TO SOMEWHERE ELSE.
WE'LL MOVE TO CANADA.
BECAUSE WE KNOW WE ARE SKILLED
PEOPLE, AND THERE'S DEMAND FOR
SKILLED PEOPLE I BELIEVE
EVERYWHERE.
>> Reporter: THERE ARE PEOPLE IN
THIS COUNTRY WHO BELIEVE THAT
PEOPLE LIKE YOU AND YOUR HUSBAND
ARE TAKING JOBS AWAY FROM
AMERICANS.
WHAT DO YOU SAY TO PEOPLE
WATCHING THIS WHO MIGHT THINK
THAT?
>> JOBS ARE OUT THERE.
COMPANIES ARE NOT PUTTING THEM
IN THEIR POCKETS AND ONLY
SHOVELING THEM OUT TO A FEW
PEOPLE.
THEY'RE OUT THERE, AND THE
HIRING SYSTEM, IT'S PRETTY
RIGOROUS.
>> Reporter: RON HIRA SAYS THE
AMOUNT OF JOBS IS NOT THE ISSUE.
>> THE PROBLEM IS, THE RULES ARE
SET UP SO THAT YOU CAN BRING IN
H1B WORKERS WITHOUT EVER LOOKING
FOR AN AMERICAN WORKER.
YOU CAN BRING IN H-1B WORKERS
AND REPLACE AMERICANS, ALL
LEGALLY.
>> Reporter: ANDY HALATAEI
INSISTS HIS MEMBER COMPANIES
DON'T ABUSE THE SYSTEM, BUT USE
IT TO FILL A GAP IN SKILLED
WORKERS.
>> I CAN SPEAK TO HOW THE
MAJORITY OF OUR COMPANIES USE
THE H-1B PROGRAM.
IT'S A SMALL PERCENTAGE OF THEIR
WORKFORCE AND THEY'RE
COMPLEMENTING THE EXISTING U.S.
WORKFORCE TO BRING NEW PRODUCTS
TO MARKET.
IF THE NEGATIVE PERCEPTION
AROUND THE H-1B PROGRAM HURTS
OUR ABILITY TO DO THAT, THEN WE
WOULD LOVE TO SEE CONGRESS WORK
ON BROADER IMMIGRATION REFORM
THAT ADDRESSES THOSE PROBLEMS.
>> Reporter: BACK IN FREMONT,
CALIFORNIA, RENUKA SIVARAJAN AND
HER FAMILY ARE HOPING ANY
DECISIONS MADE IN WASHINGTON
WILL ALLOW THEM TO CONTINUE
LIVING AND WORKING IN A
COMMUNITY WHERE THEY'VE BUILT
THEIR LIVES.
>> I AM SITTING HERE IN ONE OF
THE MOST DEVELOPED COUNTRIES IN
THE WORLD, FIGHTING FOR THE
RIGHT TO WORK.
FOR ME, THIS IS HOME.
FOR MY KIDS THIS IS HOME.
THEY ARE AMERICAN CITIZENS,
THEY'VE BEEN GOING TO SCHOOL
HERE, THEY HAVE THEIR FRIENDS
HERE.
SO, WHY SHOULD I BE FORCED TO
UPROOT MYSELF, AND MY FAMILY,
AND THE LIFE THAT I'VE BUILT FOR
THE LAST 15 YEARS, AND GO
SOMEWHERE ELSE?