The 1990 Immigration Act brought significant changes to the H-1B visa program and employment-based green cards, imposing caps of 65,000 and 140,000 annually, respectively. These restrictions were implemented without considering the growing demand for skilled labor fueled by technological advancements. The arbitrary cap on H-1B visas quickly became insufficient as more than 70% of graduate students in tech fields at US universities were international students.

In response to the escalating demand for high-skilled workers, Congress temporarily raised the H-1B cap to 115,000 from 1999-2000 under the American Competitiveness and Workforce Improvement Act. However, this increase proved inadequate as the cap was consistently reached in successive years, highlighting the ongoing shortage of skilled professionals in the US labor market.

A significant change in 2004 exempted 20,000 US advanced degree holders from the H-1B cap, allowing 400,000 skilled professionals to work in the US since then. Despite these measures, the backlog of green card applications, particularly from Indian nationals, continues to grow, with over a million individuals waiting for their permanent residency status.

The misalignment between US immigration policy and the demand for high-skilled labor remains a critical issue that impacts both employers and foreign workers. With the potential for stricter restrictions on H-1B visas under the new administration, the future of high-skilled immigration in the US is uncertain. It will be crucial to address these challenges to ensure that the US remains competitive in attracting and retaining top talent in the global workforce.