Comparative analysis of approaches of the Russian Federation, the United States and Germany towards recruitment of highly skilled migrants (2010–2016)

Ermolaev Ivan Alekseevich Student, the department of Theory and History of International Relations, Peoples' Friendship University of Russia 117198, Russia, 10 miklukho-Maklaya street oblast', g. 10 miklukho-Maklaya street, ul. Miklukho-Maklaya street, 10 1032201990@rudn.ru Loginov Evgenii Andreevich Student, the department of Theory and History of International Relations, Peoples' Friendship University of Russia 117198, Russia, 10 miklukho-Maklaya street oblast', g. 10 miklukho-Maklaya street, ul. Miklukho-Maklaya street, 10, of. 302 1032201990@rudn.ru Madumarova Aisuluu Rustamovna Student, the department of Theory and History of International Relations, Peoples' Friendship University of Russia 117198, Russia, g. Moscow, ul. Miklukho-Maklaya street, 10, of. 302 1032201990@rudn.ru Nesterov Aleksei Vyacheslavovich Student, the department of Theory and History of International Relations, Peoples' Friendship University of Russia 117198, Russia, g. Moscow, ul. Miklukho-Maklaya street, 10, of. 302 1032201990@rudn.ru

Morgunova Oksana Alekseevna ORCID: 0000-0003-2607-5599 Professor, Department of Theory and History of International Relations, Peoples' Friendship University of Russia 117198, Russia, g. Moscow, ul. Miklukho-Maklaya, 10, of. 302 o_morgunova@hotmail.com Other publications by this author

Introduction

In recent decades, the scale of international migration has been increasing all over the world, including labor migration, in which the highly skilled part of it continues to play a significant role. Many countries are creating special programs aimed at attracting highly qualified specialists from abroad, facilitating the relocation process for specialists and their family members. In the international political practice of labor migration management, new strategies and visa tools for attracting highly qualified specialists from abroad are being actively developed [Titova 2015]. The liberalized immigration system and the priority of the VCS in migration flows contributes to long-term productivity growth, technological innovation and entrepreneurship development in various countries [Nowrasteh 2014].

At the same time, as a result of the absence of a generally accepted definition of "highly skilled migration", national migration approaches have certain features. In this article, we will consider strategies for attracting highly qualified specialists (HQS) in such various national migration systems as the Russian Federation, the USA and Germany. Selective measures of the immigration policy of these, as well as other countries of the world, today are aimed both at the realization of specific economic needs of the state and are designed to take into account human capital as a resource for economic development [Iredale 2001]. At the beginning of the article we will consider the existing academic and political approaches to the definition of the concept of "highly skilled migration". Then we will consider the visa rules and the fundamental criteria for determining migrants as highly qualified specialists in the selected countries and the existing national programs for the admission of HQS in each of the countries under consideration. In conclusion, we will conduct a comparative analysis of HQS admission programs and note the dominant trends in the admission policy of such specialists.

Towards the definition of highly skilled migrants

Considering the concept of highly qualified (intellectual) migrants, it is worth noting that information, knowledge, and intellectual potential play a strategically important role in the modern development of post-industrial society. The basic element of the modern economic high-tech model of development of all countries is intellectual capital, which determines the level of national welfare in developed countries. In conditions of preservation and increase of intellectual capital, the replenishment of the national economy by highly qualified local specialists seems to be a long-term process, which is limited by socio-demographic, financial and other factors. Along with increasing intellectual capital within the country, many states use highly qualified, intellectual immigration programs to respond more quickly to economic challenges [Topilin A.V. 2010, p. 11].

These large-scale programs at the beginning of the XXI century became a characteristic feature of the world economy [Gesterev D.V. 2015]. Highly skilled migrants are attractive to host countries because they are often seen as less dependent on social security, better prepared to move in terms of knowledge of the culture and language of the host country, motivated for career and social growth and have the skills necessary for the host country's labor market. In terms of human capital, the countries of the global North benefit from skills that they have not invested in development. Recognizing the effectiveness of this strategy, many national governments in the 20th century began targeted programs to attract and retain highly skilled migrants [Bailey 2017]. The USA became the pioneer of such programs, followed by Canada, Australia, the United Kingdom and the Netherlands [Boucher 2014, Shachar, 2006].  "Highly qualified migrant" as a migration category is important for all countries of the world whose economy is focused on the constant development of intellectual resources. Intellectual (highly skilled) migration is an integral component of the development of world economic production and economic relations, which most fully manifests itself as part of the post-industrial innovation economy.

The concept of highly skilled (intellectual) migration originated in the period of the 1930s, when the United States began actively inviting specialists, scientists, engineers - refugees from nazi Germany, who subsequently made an invaluable contribution to the development of intellectual thought in the United States and to the creation of the latest technical developments of that time [Gesterev D.V. 2016, p. 23]. However, the invitation of the VKS as a migration program was formulated much later, in the 1960s of the twentieth century and continues to be adjusted today. The VCS invitation programs differ in different national contexts and are closely related to the economic needs of States.

Experts use various criteria to determine highly qualified migrants, both subjective and objective. Thus, Peter Stoker believes that the category as a whole is characterized by the fact that these workers have made significant expenditures of finance, energy, and effort to maximize the return of such investments abroad [Stoker P. 1995], which reflects the subjective, motivational sign of highly skilled migrants. The World Bank experts noted the role of highly skilled migrant workers as an integral part of the global knowledge economy, emphasizing the global nature of this phenomenon and the exchange of scientific personnel between countries [Ozden 2017],

The importance of migration processes in which the VCS are involved is emphasized by international organizations. The corresponding special term "human resources in science and technology" ("human resources in science and technology", HRST) was coined by the OECD Canberra Manual. OCDE/GD (95)77] and developed in the 2008 document "International Mobility of highly Skilled Professionals" [Mobility of the Highly Skilled.OECD, 2008], according to which HRST is designated a human resource that:

- actually or potentially related to the systematic generation, promotion, dissemination and application of scientific and technical knowledge (reflects the innovative synergetic feature of highly skilled migrants);

- it is characterized by a significant increase in interest in it due to the integration process of the EU and other countries, as well as specific actions that are specifically focused on the mobility of researchers and other specialists (characterizes the integration political sign).

This term defines the special position of researchers and HRST in the legal field of European law, defining "freedom of knowledge" as the fifth "freedom" within the framework of universal human rights [Cippitani R. 2019], which determines the innovative legal feature of the concept of highly skilled migrants.

Summarizing the above theses and the noted signs, it is possible to formulate the concept of highly qualified (intellectual) migrants – this is a significant category of labor migrants, which is determined by the individual requirements of the host country for such migrants and is of priority importance for the host country due to many factors: increasing demographic indicators, the formation of the national labor market, synergy of innovative economic development, the realization of legal freedom knowledge, solutions to strategic political tasks and other prerequisites for the admission of highly qualified (intellectual) migrants.

To understand the actual features of the concept of "highly qualified migrant", it is advisable to conduct a comparative analysis of the features of this term in various countries, in particular, in the USA, Germany and the Russian Federation.

Migrant reception programs-VKS in the USA

The migration policy of the USA, a country of immigrants, until the 90s of the twentieth century did not attach much importance to the qualifications of migrants, giving priority to their ethnic origin, ideological characteristics, and also prioritized immigrants from Northern and Western Europe. However, today the US needs for highly qualified specialists from outside the country are so great that the annual quota of the US government for hiring highly qualified foreign workers of more than 150 thousand people per year is filled in the first 6 months of each calendar year. Employees who have received a work visa of this type, as a rule, can stay and work in the United States for 6 years. During this time, they can arrange with the employer to support their petition to obtain a “green card” — a permanent residence permit. In addition, there are two more categories of permanent visas for particularly valuable workers — for persons of "national interest" and for persons with "special abilities", which can be issued bypassing the Ministry of Labor and without a guaranteed workplace in the United States. Also, the entry into the country of the VKS through investor visas is open – investments from 500 thousand to 1 million dollars with the creation of jobs, which opens the entry into the country of the VKS, owners of high-tech businesses. The VKS invitation program in the USA continues to expand. During the period of his duties, the Trump administration has undertaken more than 400 adjustments to immigration policy, covering all activities. These adjustments included innovations in the field of border and internal control, changes in the resettlement of refugees and the asylum system, deferred action for children arriving in the country, as well as immigration courts, visa verification and issuance processes, especially for highly qualified specialists [Pierce 2020].

The concept of "highly qualified migrant" is not established by the norms of US legislation, and the features of this concept are rather described by visa parameters and norms of the current US Immigration Act [Immigration and Nationality Act of 1965 U.S.]^[1], state migration legislation, by-laws, the content of the current migration policy [Congressional Budget] and relevant precedents, since The USA is a common law country. 

At the same time, the Office of Employment and Vocational Training under the US Department of Labor is responsible for employer certification, which allows hiring foreign workers in order to fill gaps in skilled labor within the framework of the skilled migration policy ("High-Skilled Immigration"). Employers in this case must confirm that they cannot hire American workers who are willing to do this work for wages paid by employers for the same profession in the intended area of employment [U.S. Department of Labor 2020].

That is, the initial historical feature of highly qualified migration to the United States should be noted the primary nature of the adoption and implementation of the national program for the priority admission of highly qualified migrants to the United States in accordance with the Immigration Act of 1965 [Immigration and Nationality Act of 1965 U.S.]. 

The main goals and objectives of highly skilled migration to the United States follow from the rules (preferences) for granting visas to qualified migrants. The rules apply to a certain category of visas of qualified migrants:

1) H-1B and H–1B1 visas are used for special (professional) workers whose salary corresponds to the prevailing average salary of an American citizen employed in the same profession and in the field of employment, or the average salary in the employer's company;

2) H-2A visas are applied for agricultural workers whose salary is determined in accordance with:

- with a salary rate taking into account the adverse impact;

- with the current rate for a specific crop or a specific area of work;

- with the state minimum wage or at the federal rate;

3) H-2B visas are used for other (non-agricultural) workers whose salary corresponds to the average salary of an employee of a similar profession in the relevant field of employment;

4) D-1 visas are applied to crew members in the framework of long-term shore work, whose salary corresponds to the average salary of an employee of a similar profession in the relevant field of employment.

At the same time, permanent employment of highly qualified foreigners according to the Immigration Act of 1965 is carried out after the employer has agreed to provide and pay wages in accordance with prevailing wage trends, and this decision should be made on the basis of one of the many alternatives provided for by this Law. This rule must be observed from the moment a foreigner has been granted permanent residence or has been admitted to the United States to take up the required position [U.S. Department of Labor 2020].

Thus, the visa features of highly qualified migration to the United States are determined by the main goals of hiring foreign specialists for vacancies in US enterprises that cannot be occupied by American citizens, as well as the main tasks of implementing 4 categories of visas for highly professional migrants (H-1B and H–1B1 visas are used for corporate specialists, H-2A visas are used for agricultural workers, H-2B visas - for other workers, D-1 visas – for crew members in the framework of long-term coastal work).

Additional tasks of highly skilled migration to the United States are characterized by a system of preferences for the implementation of migrant visas, described in detail in the Immigration Act of 1965 and including benefits for the admission of foreigners to the United States: unmarried adult sons and daughters of U.S. citizens; spouses and children, unmarried sons and daughters of foreigners permanently residing in the United States; representatives of certain professions, scientists, creative specialists with exceptional abilities; married children of US citizens; brothers and sisters of US citizens over the age of twenty-one; skilled and unskilled workers in professions for which there is a shortage of working resources; refugees who have received the status.

Although the number of applications submitted from the US HCS increased by only 0.4% from 418,799 in fiscal year 2018 to 420,549 in fiscal year 2019, the number of approved applications for H-1B increased by 16.9% from 332,358 to 388,403. Overall, the number of H-1B applications approved in fiscal year 2019 for professionals aged 25 to 34 was 62.4 percent, which is a very high figure. Moreover, a large percentage of approved applications were for applicants with a master's degree (54% of approved cases). Computer professionals were the leaders in the number of approved applications in fiscal year 2019, a positive decision on applicants in this category was 66.1 percent (Figure 1).

Figure 1. The ratio of approved immigration applications among VCS by fields of knowledge and professional skills [Felix Richter 2020]

It is interesting to analyze the trends of applications from highly qualified migrants who want to get the opportunity to live and work in the United States and the percentage of their success in the last decade (Figure 2)

Figure 2. The ratio of VKS applications to their total number in 2010-2016

- in 2010, 247617 applications for H-1B visas were accepted, 192990 were approved;

- in 2011, 267654 applications for H-1B visas were accepted, 269653 were approved;

- in 2012, 307713 applications for H-1B visas were accepted, 262569 were approved [FY 2013];

- in 2013, 299,467 applications for H-1B visas were accepted, 286,773 were approved;

- in 2014, 318,824 applications for H-1B visas were accepted, 315,857 were approved;

- in 2015, 348669 applications for H-1B visas were accepted, 275317 were approved;

- in 2016, 398718 applications for H-1B visas were accepted, 345262 were approved [FY 2016].

That is, during the specified period from 2010 to 2016, there was a 28% increase in the number of applications accepted for H-1B visas (from 247617 to 398718 applications) and a 44% increase in the number of H-1B visas issued for highly qualified specialists to enter the United States (from 192990 to 345262).

The United States uses traditional mechanisms for the admission of foreign specialists, designated by the provisions of the Immigration Act of 1965, which are implemented by the American authorities taking into account the current features of the socio-economic development of the world and the United States.

Traditional ways implement the basic principles of US immigration policy: family reunification, accepting immigrants with skills valuable to the US economy, protecting refugees and promoting diversity.

Two types of traditional approaches to the admission of immigrants with valuable skills include the admission of foreigners on visas with a limited or unlimited period of residence, respectively, for temporary or permanent work [American Immigration Council 2019].

The classification of visas based on temporary employment allows employers to hire foreign citizens and apply for specific jobs for a limited period of time. The overwhelming majority of temporary workers work for an employer who applies for them, and have a limited opportunity to change their jobs, and in this case specific specialties are quoted. Currently, there are more than 20 types of visas for temporary workers. These include L-1 visas for intra-company transfers; various P visas for athletes, artists and skilled performers; R-1 visas for religious workers; various A visas for diplomatic employees; O-1 visas for workers of extraordinary abilities; and various H visas for both highly skilled and less skilled workers. The classification of such temporary visas differs in terms of requirements for obtaining them, duration, whether they allow employees to bring dependents, and other factors. In most cases, temporary highly skilled migrants must leave the United States if their status and temporary employment are terminated. Depending on the type of work and the qualifications of a foreign citizen, an employer may invest in an employee to get him a permanent job. At the same time, the foreigner himself can go through the necessary procedures for securing a permanent job in the United States.

The second traditional way to attract highly qualified specialists to the United States is through permanent immigration. At the moment, the total numerical limit (quota) for immigrants with permanent employment is 140,000 people per year. This number includes directly professional immigrants and their legal spouses with minor unmarried children. The designated 140,000 visas are divided into five privileged categories, which are presented in the table.

Table. The system of requirements for permanent immigration of a highly qualified specialist to the USA^[2]

In addition to the numerical limits set for different immigration preferences, the INA also sets a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family and labor) from one country can exceed 7% of the total number of immigrants to the United States in one fiscal year, which prevents the dominance of any immigrant group in the structure of American immigration [Kandel 2018].

Thus, we see that despite the reduction of migration programs in many other categories, the VCS continues to be the desired migration category in the United States. However, the process of determining whether an applicant is a highly qualified migrant is governed by a law adopted in 1965 and guided largely by mechanistic ideas about highly qualified migration, which will be discussed in more detail in the final part of the article.

Migrant reception programs-VKS in Germany 

Until the beginning of the XXI century, there was no purposeful policy of migration management in Germany. Instead, Germany received heterogeneous flows of migrants, including ethnic and refugee reception programs. Unlike the United States, which primarily encouraged the migration of skilled workers, Germany for a long time replenished the ranks of the VKS at the expense of ethnic Germans-re-immigrants and political refugees. However, in the late 1990s in Germany there was a serious shortage of specialists in the information and telecommunications technology sector, which was estimated at more than half a million vacancies. This shortage threatened the prospects for the development of many industries. in 1998, when Gerhard Schroeder, then Federal Chancellor of Germany, said that the German economy needed highly qualified specialists from outside the EU, since the higher education system was not able to meet this need. [Leffelholz] In 2000-2004, Germany introduced a trial "Green Card" scheme to attract VCS in industries related to the development of information technology. This program was based on a migrant score system borrowed from Canada. The program was focused on attracting specialists in the field of IT technologies, the sphere of IT technologies is closely connected with the processes of globalization, which led to the emergence of rapidly developing Internet companies, and the development of the country without specialists in the field of information technology was a big brake on the competitiveness of the German economy. [Voronina] The following conditions were put forward for participation in this program: the availability of higher education in the specialty "information technology" or the availability of high qualifications in this specialty, confirmed by a contract with a German employer. Foreign graduates of German higher educational institutions also had the right to apply for a green card, their selection was carried out using a point system. However, when applying for a job, a foreign graduate could get a job only if a German specialist did not apply for this place. [Golikova] Thanks to this program, more than 15,000 foreign specialists from outside the EU have received a work permit in the field of information and telecommunications technology development. [Yagofarova] According to a 2001 report by the Federal Labor Office, about 2,500 new jobs were created in Germany. Although the program benefited the country, however, it could not cover the officially established quota, and instead of 20,000 specialists, only 16,800 were accepted. [Bolshova].

Since 2005, instead of the "green card" program, the provisions of the law "On Immigration" regulating the situation of highly qualified specialists have been in effect. Now they were not only specialists in the field of information technology, but also teachers, researchers, specialists and senior managers. For the integration of migrants, German language courses were provided, which were considered as a strategic investment in the future, contributing not only to the development of the economy, but also to society as a whole. According to this law, highly qualified specialists had the opportunity to obtain a residence permit, subject to certain conditions, including: 1) the availability of a job offer from an employer, 2) a guarantee that a foreign employee will be able to provide for himself without state assistance, 3) the absence of German applicants. [Golikova].

In 2009, the EU adopted Directive No. 2009/50/EC, which introduced the "EU Blue Card" (Blue Card Scheme) in the community, which was developed to prioritize the immigration of VCS to the EU. The scheme has created simplified conditions for entry, resettlement and unhindered movement of highly qualified specialists from third countries through the territory of the European Union. To get a Blue Card, the applicant must be a certified specialist with a higher education. At the same time, study for at least 3 years is recognized as a high professional qualification. Alternatively, the applicant may have five years of professional experience in a specialty requiring higher education. To receive the card, you must provide a signed employment contract from a European employer with an indication of the annual salary before taxes are deducted. Moreover, the offer to a professional from a third country should be on average 1.5 times higher than the average salary in the country (with a particularly acute shortage of representatives of this profession, the excess may be slightly less).

The EU Directives act as a kind of "fundamentals of legislation" at the European level, leaving member states the right to make their own adjustments to the "blue card" at the national level. So, in April 2012, the German Parliament considered and made some changes to the immigration legislation. Including, for example, simplifying the recognition of foreign students in this way, in 2012 Germany decided to introduce a law on simplifying the recognition of a foreign specialist's diploma (special information structures were created for this purpose). With the help of this law, a specialist whose diploma did not meet the qualification requirements could receive the necessary recommendations for the recognition of the diploma. [Titova] According to the terms of the Blue Card, the employer does not need to look for a specialist in his country before inviting a foreigner. This indicates that foreign and local specialists compete on equal terms [Rubinskaya]. Entry into the country has also been facilitated for family members of a highly qualified specialist, the mandatory requirement of knowledge of the German language and a work permit in Germany has been abolished. [Golikova] But knowledge of the German language and the basics of law and order, social structure and living conditions in Germany are mandatory for the specialist himself. [Yagofarova]

The "blue Card" is issued to foreigners for 4 years. For the first 2 years, a specialist can only work for one employer, and when he changes, you need to get a new card. With continuous work under a contract for 33 months, it becomes possible to obtain an indefinite residence permit. Upon presentation of a certificate of knowledge of the German language, the period is reduced to 21 months. [Golikova]

By activating the EU Blue Card in Germany The Federal Agency for Labor in Germany has set an official goal to attract highly qualified specialists and scientists, since their lack is a decisive obstacle to the growth of the economy of the country abroad [Tanja Zech 2020], therefore, Germany continued to develop immigration legislation and adopted in 2020 a special Law of Germany on migrant specialists (Fachkr?fteeinwanderungsgesetz, [FKEG 2020]).

Despite the importance of this category of migrants for the economy, the concept of "highly qualified migrant" is not conceptually defined in Germany, but is deciphered using the norms of current legislation presented below (§12 and §18 [AufenthG 2004]).

The relevance of highly skilled migration in Germany follows from the rules of the special Law of the Federal Republic of Germany on migrant Specialists adopted in 2020 (Fachkr?fteeinwanderungsgesetz [FKEG 2020]), which amended the main migration Law of the Federal Republic of Germany on stay, work, integration of foreigners (Gesetz ?ber den Aufenthalt, die Erwerbst?tigkeit und die Integration von Ausl?ndern im Bundesgebiet, [AufenthG 2004]). However, it should be noted that the adopted rules prioritized specialists and scientists from EU countries, and not from third countries [FKEG 2020]. These amendments complement the existing mechanisms of European regulation of "blue Cards" for EU Blue Card labor migrants, which regulate controlled immigration to the EU labor market and determine a highly qualified employee if an employment contract has been concluded with him for a period of at least one year and if he meets the conditions listed below [Information from the EU Immigration portal]. At the same time, it is required to comply with certain validation procedures and establish responsibility, including providing documents confirming high professional qualifications, higher education, taking into account the national requirements of the EU Member state for relevant professional experience; apply for a job as an employee, since the EU blue card is not issued to self-employed or entrepreneurs. Medical insurance is required for both the migrant specialist and all his relatives who come to the EU with him. certificates confirming good knowledge of the German language at a minimum level B1. The law is formed by the following categories of highly qualified migrants: specialists with professional training, specialists with academic education, specialists without education, scientists, other specialists [BAMF 2020].

The target features of highly skilled migration to Germany are determined by the main legal regime of the European Union for obtaining blue cards by labor migrants and additional national standards on the status of migrant specialists AufenthG 2004, as well as the adjusted provisions of FKEG 2020. The designated legal mechanisms for the reception of labor migrants in Germany are detailed by the provisions of a special Order on the employment of foreigners (Verordnung ?ber die Besch?ftigung von Ausl?nderinnen und Ausl?ndern, [BeschV 2013]), which:

- regulate under what conditions foreign workers and foreigners residing in Germany can be admitted to the German labor market;

- apply only to those foreigners who need a residence permit in Germany and who are allowed to apply for a separate job;

- do not affect citizens of the EU and other Western European states (Iceland, Liechtenstein, Norway, Switzerland);

- the norms of §§ 2-9 regulate the migration of highly qualified specialists (managers, scientists, academics);

- the provisions of §§ 10-15 regulate short-term employment within the framework of international staff exchange, work as language teachers, seasonal workers, showmen, etc.;

- the norms of §§ 16-21 define the features of migration of individual workers sent by their country (business travelers, professional development workers, journalists, persons fulfilling factory supply contracts, etc.);

- in the provisions of §§ 22-28) regulate the specifics of the admission of certain professions (artists, artists, professional athletes, photo models, guides and translators, personnel of seaworthy and air transport, etc.);

- the norms of §§ 29, 30 establish additional provisions for the reception of migrants under the terms of international agreements on labor contracts of employees and intergovernmental agreements, as well as short-term activities not related to employment,

Thus, the regulatory features of highly skilled migration to Germany are due to the details of the Order on the employment of foreigners [BeschV 2013] in terms of the conditions for admission of foreigners to the German labor market.

According to statistical data published in the "Central Register of Foreigners" (Auslanderzentralregister), we can conclude that since 2012, the migration influx of highly qualified specialists from other countries has increased and by 2016 reached a new qualitative change. And if in 2010 the number of highly qualified specialists who came to work in Germany was equal to 10,300 people, then for 6 years, those wishing to get a job gradually increased and by 2016, the number of specialists who came to the country increased by 2 times. Based on these data, it can be concluded that the policy pursued by the German authorities for 6 years has been successful. The current situation on the labor market in Germany is very different from what it was at the beginning of 2000, namely, the labor market has become sated, has become much more dynamic and competitive, high demands are placed on specialists not only for their professional activities, but also for knowledge of the German language.

Figure 3. Number of work permits issued for highly skilled migrants in Germany 2010-2016 [Auslanderzentralregister 2016]

Migrant Reception programs-VKS in the Russian Federation

Considering the ways to attract highly qualified specialists to the Russian Federation, it is worth noting that Russia has relatively recently started its program to receive highly qualified migration, having adopted Federal Law No. 115-FZ in 2010. Migration is becoming one of the main sources of replenishment of the labor resource in Russia, taking into account the risks of losses due to the emigration of highly qualified persons from Russia. [Topilin A.V. 2019]. Since 2010, a new work visa "Visa for highly qualified specialists" has been introduced in Russia. This visa became a new type of work visa in the country, but had several privileges unlike a regular work visa. When developing it, the experience of other countries following the path of attracting the VCS was taken into account.

For VKS, a work visa can be issued for up to 3 years. This is one of the advantages for which many foreign citizens want to get a work permit for a highly qualified specialist. Obtaining such a visa is very important for senior managers of foreign companies who have to travel a lot.

A VKS work visa is immediately issued as a multiple entry (unlike a regular work visa, which is first issued for 90 days as a single entry, and then extended and changed to a multiple entry for up to 1 year). The new type of visa for the VKS significantly simplifies the procedure for obtaining a visa for a foreign citizen. Extending this visa for a new period is easier than extending a regular work visa. To apply for a visa for a highly qualified employee, the employer must first issue an invitation for a work visa. To do this, the employer company must obtain accreditation from the Migration Department of the Main Directorate of the Ministry of Internal Affairs (hereinafter - the Department of Internal Affairs of the Ministry of Internal Affairs).

In addition to a longer validity period, a VKS visa has another important advantage – it is the opportunity to issue visas to VKS family members as a multiple-entry work visa as an "accompanying family member" for the entire validity period of the VKS visa. This circumstance contributes to an increase in the number of VCS, since many VCS come to the Russian Federation to work for a long time, and the opportunity to be close to their family helps to decide on a long business trip or move to Russia.

The concept of "highly qualified migrant" is also not designated by the norms of the legislation of the Russian Federation as in the USA and in Germany. However, the requirements for an applicant for a VKS work visa, the main goals, objectives, and features of receiving highly qualified migration to the Russian Federation follow from the norms of Article 13.2 and other articles of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter - Federal Law No. 115-FZ) and other by-laws.

For example, the complex design of qualification conditions that a specialist - a foreign citizen who has work experience, skills or achievements in a certain field of activity must meet is described in Article 13.2 of Federal Law No. 115-FZ. It includes several signs of VCS. Firstly, this is the earnings that a Russian employer guarantees him, and the requirements for earnings vary depending on who the employer is. Employers who attract foreigners to work in the special economic technical and innovation zone (except for entrepreneurs), in the Crimea and in Skolkovo have benefits. The article also establishes the characteristics of members of the VKS family. A separate criterion for an applicant for a VKS visa is his consent to a ban on professional religious activities, introduced in response to the excessive activity of religious preachers in the post-perestroika period.

That is, the target and practical features of highly skilled migration to the Russian Federation are determined by the norms of Article 13.2 and other articles of Federal Law No. 115-FZ, which establish the main feature of the classification of a highly skilled migrant the amount of his salary, to which his potential employer agrees. The statistics of issued visas in the period 2010-2016 proves the effectiveness of the program for attracting VCS in Russia (Fig. 4)

Figure 4 Number of VKS visas issued in the Russian Federation (in thousands of copies) [GUVM OF THE Ministry OF Internal Affairs OF the Russian Federation]

That is, during the specified period from 2010 to 2016, there was an 822% increase in the number of visas issued for highly qualified specialists (from 3,100 to 25,500 satisfied applications). Since the visa is issued for 3 years, the total number of specialists with a VKS visa and living in the Russian Federation reached its maximum in 2015.

Figure 5. Graph of the cumulative number of VCS in the Russian Federation [GUVM of the Ministry of Internal Affairs of the Russian Federation 2016]

At the same time, the distribution of highly qualified specialists at the time of 2016 was as follows:

- 4% of highly qualified migrants work in the field of culture and sports;

- 30% of highly qualified migrants work in the IT sector;

- 36% of highly qualified migrants work in the field of engineering;

- 14% of highly qualified migrants work in the field of science and education;

- 1% of highly qualified migrants work in the military-industrial complex.

Figure 6. Distribution of highly skilled migrants by industry in the Russian Federation [EMISS 2017]

Development of new approaches in the migration programs of the VCS

In a knowledge-based economy, highly qualified personnel are of key importance. In turn, international labor migration acquires new structural characteristics, new differentiations according to qualification, professional, and educational characteristics. And the admission programs of highly qualified specialists cannot but change in these conditions.

In the international practice of state regulation of labor migration, there is an expansion of strategic measures and tools aimed at attracting highly qualified specialists from abroad. Countries are expanding the immigration opportunities for qualified professionals, while reducing the entry opportunities for low-skilled migrants.

And an important issue is the definition and description of the content of the term "VKS", which would allow us to move from a policy of strict control of migration to a policy of flexible management of migration processes, from restrictive to selective, selective migration policy. At the same time, selective programs focus not so much on the needs of specific sectors of industry (as in the last century), as on the ability of migrants to adapt to the new labor market in the post-industrial economy. Despite the fact that the selective practices implemented by the countries under consideration differ in a certain variety, the mechanisms and instruments of selective immigration policy of Germany, the USA and the Russian Federation have much in common.

With all the variety of instruments of selective immigration policies, they are based on two basic systems for the selection of migrants: a point system and a selection system based on employer applications. In practice, countries often use a combination of elements of both systems. There are several key strategies that the countries considered use.

All three countries give employers the opportunity to provide employment to foreign HQs, provided that the domestic labor market is protected. Moreover, if the United States uses the traditional direct method of protecting the national labor market by pre-announcing vacancies for local workers, then Germany and Russia also use an indirect method of protecting the national labor market by overstating the average salary by profession and industry for a potential foreign candidate. At the same time, the United States and the Russian Federation provide special benefits for obtaining visas to those VCS whose work will stimulate the development of certain territories and industries.  Thus, one of the most important requirements today for the development of skilled migration programs is to identify priority areas for recruiting VKS based on labor market research.

All the countries considered provide additional opportunities for students or temporary workers who have demonstrated their value to obtain permanent resident status, however, this process is considered in the USA and the Russian Federation as exclusively economic, divorced from the social, ethnic, religious aspects of the stay of foreign citizens, since large-scale integration programs are provided only in Germany (from the countries considered).

Although the term "VKS" is not clearly defined in international documents. There are significant differences in the assessment of qualifications and diplomas. A broader understanding of the VCS, the increase of human capital through the inclusion of the educational level of family members in the specialist assessment systems. The strategic vision of the VKS as a permanent resident and, possibly, a new citizen of the country dictates the continuous development of existing programs, taking into account the experience of international best practices.

^[1]The amendment to the law was approved in 1997 by the US Congress https://www.legislationline.org/download/id/6589/file/US_Immigration_Nationality_Act_am2002_en.pdf

^[2] Compiled by the author based on [American Immigration Council 2019].