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Abstract

The aim of this Article is to analyze the dichotomous objectives of U.S. immigration policy and to determine what recourse exists to improve the competitiveness of the U.S. immigration system and to ensure adequate protection for U.S. workers. Given that the H-1B visa, the temporary nonimmigrant visa category, has become a very important stepping stone to legal permanent residency, this Article will examine the developments and impact of the dichotomous measures within the context of the H-1B as well as the second employment-based preference category (EB-2) and the third employment-based preference category (EB-3). As such, Part II of this Article will trace the development of measures encapsulating these dichotomous objectives. Part III will analyze the effect quantitative restraints have had on the immigration of the best and brightest. The Article then, in Part IV, will examine the impact of the dichotomous objectives on four levels: the global labor market, the needs of the U.S. domestic market; protections of U.S. workers; and interests of the international workers. In Part V, the focus will be on finding solutions and making recommendations that go toward realigning these dichotomous objectives to ensure that the needs at all four levels are met.