The US government has extended the amount of time foreigners can work in the US under the student visa in order to deal with skills shortages and the H-1B backlog; however this has been met with some criticism.

Each year just 85 000 foreigners come to the US as temporary workers under the H-1B visa, this extension to the student visa should enable more people to contribute to the US work force. But there are groups that appose the H-1B visa and the amendments.

This comes as the Immigration Reform Law Institute and other groups are challenging the US government in a federal lawsuit. Their main grievance being that this, in their opinion, will be taking away job training to US workers and redirect training resources to immigrants.

There is a rigid cap on the amount of immigrants entering the US under the H-1B visa, with 65 000 visas given and 20 000 reserved for degree holders. This visa is essentially the main route for employers in the US to hire foreigners were highly skilled talent is sourced in sectors such as engineering, science and maths. However on the April 1 application day the amount of applications exceeds the yearly quota in a matter of hours.

"We hear over and over again that US workers do not have the skills to do the job," says John Miano, The Programmers Guild in Summit founder, one of the opposition groups involved in the case. He therefore highlights the foreigner's opportunity to get hired over locals and is deeply apposed to this.

However, any major corporations such as Microsoft and Google need skilled professionals and it is the brightest and the most talented that they seek no matter their nationality. In their opinion these caps hinder their economic development. It is their view that changes to US immigration policy is essential in order for, not only business, but the country itself to thrive.

It is not an easy process to hire a foreign worker but by extending the Optional Practical Training work from one year to 29 months, the challenges of these skilled workers getting a visa is made easier. They essentially have more chance of applying for an H-1B visa. Because of the demand the chances of getting an H-1B from a student visa in your first after graduation is almost impossible.

Last year Google applied for 248 H-1B visas but more than 25% of these were rejected. It is because of this and the like that many are calling for an extension to the visa cap or a complete system overhaul.

Under the H-1B visa, someone can work for six years and then apply as a permanent resident. Following five years of this, they can then apply for citizenship. Because of the amount of visas received a lottery system is in place that ultimately chooses those who can work for their sponsored company.

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