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Dear Editor:

 Professor Matloff neglects to mention an important provision of the new H-1B bill that guarantees the very kind of job mobility normally provided only through green card status. Indeed, it was the absence of such freedom of movement that prompted the critics of the H-1B program, such as Professor Matloff and Paul Donnelly, to brand it as “indentured servitude.” Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 amends Section 204 of the Immigration and Nationality Act to provide that, once an adjustment of status application has been on file for 180 days or more, the individual can change jobs or employers without losing the validity of the immigrant petition or labor certification so long as the shift is to the same or similar occupation. This is genuine freedom of movement that gives H-1B workers the kind of protection they have never before enjoyed. Now they can take advantage of the 25% job vacancy rate for Web designers or the 13% vacancy rate for jobs requiring a background in computer science or the 3,500 openings right now for technical positions at Microsoft. This is real freedom and Professor Matloff should have the intellectual honesty to join with us on the other side of the H-1B debate to celebrate its late, but still very important, arrival.

 Gary Endelman