Interesting discussion.
The immigration policy in the US has been a confusing patchwork for a long time now.
It makes no sense because it's not supposed to. Anyone who has gone through the green card process can attest to the byzantine and utterly unpredictable process.
The problem isn't that lawmakers don't know how to fix it - like most things in politics, it's not the lack of ideas but the lack of political will -- which goes back decades.
In theory, it should be real easy to simply staple a *green card* to every graduate degree held by an immigrant. Administratively it's easy, and it makes total sense (importing bright minds into the US, they settle down, have smart kids, blah blah blah).
The frustrating thing is that immigration reform tends to be an afterthought and near the bottom of the agenda for lawmakers.
The only constituency that has fought *for* immigration reform has been the business community. They were the ones who lobbied for the expansion of the H1 program, and they have been the only constituency that lawmakers listen to (they won't listen to immigrants because immigrants can't vote). Moreover, "immigration reform" ends up lumping two sides of the spectrum -- illegal immigration/migrant workers and professional/skilled workers under the same umbrella of "immigration reform" -- which ends up being a political instrument that elected officials will use to stoke the fires of populism.
I really feel for you guys who are immigrants. It really sucks. And right now, the very constituency that has your back -- the business community (and the biggest lobbyists have been tech and financial services) -- isn't exactly what elected officials want to be seen with right now. If big business is screaming "WE NEED MORE SKILLED WORKERS!" few lawmakers are really going to make it their priority. They will listen, but will minimize the association because it will provide easy target for any political opponent who wants your seat). Moreover, other issues such as the current economic crisis, healthcare reform, energy policy, and foreign policy -- all will take up more than enough time and political horsetrading that immigration policy will yet again become an afterthought -- a patchwork of nonsensical legislation that builds on a legacy of yet more nonsensical legislation.
Having said that, from my anecdotal experience from my generation of MBAs when getting US work visas was easier -- a lot of the MBAs went back to their home regions anyhow. Most if not all the Japanese and Koreans went back. A good majority of Chinese, Taiwanese and overseas Chinese (Malaysian, Indonesian, Singaporean, etc.) chose to work in HK or Shanghai or Singapore. A good majority of the South Americans went back. As did the Euros. So given the opportunities for these MBAs in their home regions, a lot of them went back anyway. The only group (and understandably so) that were the most hardcore about staying in the US were the Indians - but then who knows that may change going forward.
What the immigration policy has done now for skilled workers is only accelerate what was already happening - that a lot of these US educated foreign professionals are heading back to their home countries anyway.