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Rationale: The U.S. education system has been unable to graduate or meet the demands for workers in several areas. Currently, the U.S. depends on engineers, scientists, nurses, and physicians from abroad to staff the faculties of educational institutions. Presently, the Healthcare profession is projecting a shortage of workers, in particular for nurses. The school system is also challenged with finding interpreters for their diverse students and families. By increasing the quota cap for the H-1 visa category, the workforce demands of the U.S. can better be addressed.
Employment of Spouses of Visa Holders: Allow the spouses of H1 visa holders (known as H-4) to work in the United States to meet the shortages in the workforce. This work visa should expire along with the spouse's H1 visa.
Rationale: Presently, spouses of H1 visa holders are allowed to be in the country, but not hold jobs. Many spouses are highly educated and have a desire to work, but the restrictions of the H-4 visa do not allow a work component. The spouses of J1, E and L visa holders are allowed to work, but H1 visa spouses are not. These spouses should be used to meet the shortages in the workforce, particularly teacher shortages, if they qualify.
In-State College Tuition: Illegal immigrant children enrolled in North Carolina public schools, prior to age 16 and who qualify academically, should be allowed to establish residency in the state (through visa status or other) for tuition purposes.
Rationale: Presently all students (K-12) have a right to a public education, regardless of immigration status based on the court ruling Plyer v. Doe. Illegal immigrant children who are brought to the country by their parents and graduate from an American public school without legal status are faced with limited opportunity to advance their education or professional skills beyond the 12th grade. The principal barriers are economic: they do not qualify for state or federal financial aid, they are not allowed to establish residency for tuition purposes, and they are unable to work to pay for tuition without legal status.
Currently nine states offer their high school graduates who are illegal immigrants the opportunity to attend college at the in-state tuition rate. America faces the problem of having residents who have received a K-12 education, but generally can't advance their skills without a higher education degree. Without a path to a legal status or an opportunity to advance their education, these children are susceptible to becoming a burden for public safety. A provision to allow in-state tuition would benefit the state with additional tuition funds and eventually tax revenue. The economic goal would be to have these residents as productive members of society.
The state's investment in their education could be leveraged by allowing these students to establish a domicile and pursue educational programs that would benefit the state. They are, for example, a potential source of needed bilingual employees for state agencies and industries. At a minimum, to reduce the burden on the states, the federal government should create a visas status for these individuals to allow them to work to pursue their education.
Recommendation Alternative - The Study Commission did not achieve consensus on this recommendation. The reasoning against the recommendation is that it would encourage people to come to the U.S./state to acquire the state's tuition benefit. It is also considered unfair to international students who come to the U.S./state legally, but who are required to pay out-of state tuition rates. Further illegal immigrants should not be rewarded with in-state tuition rates.
