Brad Smith

In a new blog post, Microsoft general counsel Brad Smith voices continued support for the H-1B visa program that Microsoft and other technology companies use to bring foreign guest workers into the United States. Smith's post, titled "Appreciating our Immigration System," come in advance of the annual window in which companies file for the visas.

The post makes it clear that Microsoft isn't backing down from its position on the issue despite criticism from U.S. Sen. Charles Grassley and others who say the company should have laid off foreign guest employees before it let go of any Americans in its recent cutbacks. The issue is controversial among people who believe the visas aren't in the best interests of U.S. workers.

Smith notes that Microsoft is working, through various programs, to improve worker training and education to fill U.S. high-tech jobs.

"But it will take time to reverse the past decade’s declines in computer science graduation rates among U.S. citizens," he writes. "And the larger point remains – isn’t it in America’s best interests to keep the world’s top talent working here in the U.S., using their skills and ideas to invent the breakthrough products of tomorrow that will drive our economy and create jobs?"

In a January letter to Microsoft CEO Steve Ballmer, Grassley contended that, "during a layoff, companies should not be retaining H-1B or other work visa program employees over qualified American workers.  Our immigration policy is not intended to harm the American workforce" Grassley added the company has "a moral obligation to protect these American workers by putting them first during these difficult economic times."

In his new post, Smith points out the continued cap on H-1B visas. "Because of these limits, many very valuable employees may not be selected for H-1Bs this year.  For many, this means that they will have to leave – taking their skills, innovation, inspiration, and valuable economic contributions with them, at a time when America needs them the most."