Association for Public Policy Analysis & Management

Due to a large number of immigrants coming to the United States, policymakers and the public have been debating on this issue for decades. The temporary immigration system is one of the most discussed issues. It is usually employment-based, aiming to bring the world’s “best and brightest” talent into the U.S. and provides a legal method for companies to hire foreign workers for specialized jobs and fill the gaps in the U.S. workforce. Over 180,000 H1B visas have been granted for high-skilled workers in 2017 and tech industry is the biggest beneficiary of H1B program, contributing revenue to companies and tax.

However, debates on whether H1B visa program would harm the U.S. workers under the Immigration Act of 1990 created lots of tension in Congress. The debate continued and never stopped in Congress till now. The two parties in Congress are always holding different opinions on the program. Democrats see immigration policy is an opportunity to renew the “Asian Community”, support comprehensive immigration reform and calls for increasing numbers of H1B visas. In contrast, Republicans see immigrants as a national security issue. They advocate a stricter immigration policy and limit the rights and numbers of temporary employment-based visas. The long-running debate on H1B visa program draws people’s attention again after President Donald Trump’s signed the executive order of “Buy American, Hire American”. Furious debates in Congress from different parties and bills with different emphases provide barriers for a comprehensive immigration reform in the United States.

Theoretical Frameworks:

In order to explore and discuss the impact of polarized opinions from Republican and Democrats on H1B visa policy in Congress, the spatial model from party polarization theory and divided government hypothesis under the partisan model can provide a theoretical ground for analyzing why and how parties are polarized. These two models mix with the function of Congress provide the framework to analyze party polarization in Congress.

Methodology:

Discourse analyses with a historical institutional lens will be the methodology for this study. Knowing how the bills on H1B visa programs were written and interpreted by the Democrats and Republicans are the essential key to explore the party polarization and legislative gridlock in Congress. A historical institutional lens can help to explore the changes and development of parties and Congress as institutions and to seek the answer of whether changes within the institutions will have an influence on the responses or decisions on H1B visa program bills.

Implications:

Most of the literature and news reports are largely focusing on the bills on undocumented immigrants in Congress. Bills on legal immigrants especially for high-skilled immigrants who are holding temporary working visas in the U.S. are not catching the largest amount of attention from the public and scholars. This research will focus on the legislative failure in Congress caused by party polarization on the H1B visa program. It is essential not only for both Democrats and Republicans in the Congress, but also important for H1B visa holders to have a sense of political instability in the United States.