With partisan gridlock frustrating broad immigration reform, Rep. Bill Foster, D-Ill., sees a narrow path forward that could help U.S. companies hire foreign technology workers and bolster President Joe Biden's plan to catapult the country forward in the global semiconductor race. [...]

Meanwhile, other countries are capitalizing on the dysfunction of the U.S. immigration system to lure in-demand tech workers. In July, Canada announced a new policy allowing U.S. H-1B visa holders to live and work anywhere in Canada on a three-year permit. The pilot program allowed 10,000 H-1B visa holders to apply, with applications reaching capacity less than 48 hours after the program opened.

Maxine Bayley, a partner with Duane Morris LLP, told Law360 that unless Congress reforms the employment-based visa process, the U.S. will likely lose out on tech talent that will be scooped up by countries like Canada that are aggressively implementing policies to attract them. [...]

"We either need Congress to raise the cap, which they have the power to do, or get rid of it … That would be a huge positive impact," she said.

Immigration obstacles to hiring foreign STEM workers deals a blow to both employers, whose companies' success depends on workers' ability to stay in the U.S., and the workers themselves who have to give up on their American dream, Bayley said.

"I can't tell you how many times I've had an HR person or a manager say, 'I'm so glad we were able to keep this person. They've been a really important part of my team — I can't get this work done without them, or I can't get this product out,'" she said.

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