Immigration Visa Attorney Blog

In a New York Times op-ed, Thomas Friedman, wrote that America should remember how it became the wealthiest country in history. He says it was not through fearing free trade, state owned banks or protectionism. It was through a flexible open market, adding to it, the most diverse highly intelligent immigrants from all over the world.

Some of our legislators have forgotten the principles that lead to our success. A clear example is a new anti H-1B & H-2B proposed legislation introduced this month by Sen. Bernie Sanders (I-Vt.) and Sen. Charles Grassley (R-Iowa) dubbed as "Employ American Act," which in fact has nothing to do with employing Americans. It basically mandates that if a company lays off more than 50 workers in any area, the company cannot hire any foreign workers for one year and all company foreign workers on visas approved in the preceding 12 months shall be cancelled. The bill also precludes judicial review for any visa cancellation.

This has to top the list of most irresponsible legislation introduced in 2009. To highlight the hasty nature of the introduced legislation, let's consider an example. If this legislation to become law, the practical effect is as follows: If, let's say, Ford lays off workers in a plant in Detroit Michigan, this legislation would prevent Ford form hiring on H-1 B a foreign scientists in its Columbus, Ohio research facility that is working on designing a more efficient engine to compete with its foreign competitors. It further will automatically cancel all recently approved H-1B visas for its entire foreign scientists anywhere in the US. This legislation servers no purpose except to harass companies that hire foreign nationals on H-1B visa. The practical impact of this legislation is that hiring foreign nationals becomes a liability to US corporations.

Sen. Grassley said with the current high unemployment rates (over 10%), companies should give preference to American workers when recruiting. But what he does not say, is that H-1B visas fill job vacancies in high tech areas where American workers are unavailable. It serves no purpose to force companies to cancel visas on difficult to fill positions because it had layoffs in completely unrelated job classifications in a completely different part of the country. This legislation is better dubbed as "Kill American Competiveness ACT"

Continue reading "Killing The H-1B visa Program! Will They Succeed?" »

Despite Canada and the US having a relationship spanning more then two centuries and sharing one of the most successful international relationships, Canada is clearly capitalizing on our failed immigration policies.

On November 28, 2008, the Canadian Government introduced major changes to the Economic Class permanent immigrant category. The Economic Class now includes a Provincial Nominee Program. To qualify for a permanent residence in Canada under the Alberta Provincial Nominee program, U.S. H-1B holders need NOT have a job offer in Canada to obtain residency. The applicant must only be working in the US for one year under the valid non-immigration visa, and must have one year working experience in "a major high demand occupations" . Recent advertisements in major newspapers in the US, goes like: "Alberta, Canada Welcomes H-1B Visa Holders and Their Families. Work Here. Live Here".

This is like a boon to all US H-1B visa holders who have to wait for more than 6 years to get that elusive green card and the security it brings. Why should they live in insecurity in the US, when Canada is offering a better solution? H-1B visa holders in the US are increasingly tired of their temporary status, where their future hangs in the balance as politician argue.

Continue reading "H-1B VISA: One's Loss is Another's Gain" »

We are starting to see the beginning of the immigration reform debate. Robert Menendez (D-NJ) introduced The Military Families ACT which if passed would allow USCIS to grant permanent residency to children and spouses of those honorably serving or have honorably served in the Military even if the spouse or child is undocumented alien. Several Democratic members of Congress already voiced their support to this legislation.

Traditionally, only US citizen applicants are permitted to immediately confer permanent residency status to spouses and children, but not if they are undocumented. This Act attempts to correct this situation and take care of family members of the military personnel.

According to the Immigration Policy Center, currently there is 114,601 foreign born persons in the armed forces. They represent 7.91% of active duty personnel. Most foreign born personnel in the military were able to acquire Citizenship pursuant to Sec. 1440 of the INA which conferred Naturalization through active-duty during periods of military hostilities. But this law ironically does not extend status to their family members.

The US has been at war for more than eight years. The continued need for foreign born military personnel with various language and other skills is clear. The passage of this legislation to protect the family of this important group is without a doubt is in our clear national interest.

Rest assured that this bill is far from being signed into law. Many believe that this legislation should be part of the overall immigration debate which will not be jumpstarted before the next year. Also, expect opposition form some lawmakers such as Representative Lamar Smith who simply does not think this is necessary.

Veterans Day: It is the day we honor our men & women who served and sacrificed. Large number of Immigrants has served and continues to server in our military. Many of them have sacrificed their lives to protect our American values. I have the pleasure of representing some of them as an attorney. According to CATO Institute, more than 700 Congressional Medals of Honor were given to immigrant veterans. This is more than 20% of all recipients. To all Veterans, happy Veterans day.

"Outsourcing" has recently became a codeword for things that are not good for America.
For example, Senator Grassley recently sent a letter to the Department of Homeland Security asking for a tight screening of the H-1B program, to avoid abuse and fraud in the system. He stressed on employers being held accountable, for violating the visa program and to prevent H-1B outsourcing.

The Senator was highly critical of H-1B outsourcing. But outsourcing in the US is an integral part of any business model. It appears the Senator was confusing between H-1B outsourcing and Offshore outsourcing. The latter normally referrers to a situation where jobs are lost to foreign workers becuase US companies are setting centers overseas. H-1B outsourcing, on the other hand, is when companies use other companies to provide services in the US through the use of H-1B workers. They are not the same.

Many argue that neither is bad for the US economy in any event. According to a study by the Information Technology Association of America (ITAA), offshore outsourcing of US IT jobs to foreign workers is beneficial to the US economy thereby resulting in the creation of twice as many jobs as are displaced. Outsourcing helps companies be more productive and competitive. The savings from outsourcing are invested in new products and services resulting in market expansion and creating new jobs.

Senator Chuck Grassley, however, keeps referring to 'outsourcing H-1B' to other companies as being a bad thing. Perhaps he is unaware that this is permissible under H-1B visa laws provided companies comply with the H-1B prevailing wage regulations. Outsourcing is vital as an economic business model.

Senator Chuck Grassley may disapprove of outsourcing H-1B workers; reality is that outsourcing within US companies is the norm. For example USCIS outsourcers its fingerprinting services and customer service response to private US third parties. Senator Chuck Grassley's well publicized hostility towards the H-1B visa program is based on misguided information. He is clearly not well informed of the benefits of the H-1B visa program to our economy and that outsourcing H-1B workers is permissible under US laws.

At least someone is trying to save one of our most vital immigration visa programs to our sustained scientific and innovative world leadership, the H-1b visa program. A bill introduced by Rep Gabrielle Giffords in March 13, 2008 referred to as the Innovation Employment Act, is getting some attention lately. The Act is an attempt to reform the H1-B visa program. From Columbus, Ohio & Michigan to both coasts, it is the visa that America's highly technical industries rely on to hire highly skilled foreign nationals to work in the United States.

One of the key reform features of the Bill is to increase the current H-1B visa cap from the current 65,000 to 130,000 a year. Additionally there would be no H-1B visa cap on foreign nationals who have studied science, technology and related fields in U.S Colleges. The current H-1B visa cap is 20,000 for US Masters Degree holders in all fields (referred to as the H-1B Advanced Degree Exemption). Another key reform feature is to prohibit companies with more than 50 employees that have more than half of their staff as H-1B workers, from hiring more H-1B workers. The Act also would prohibit employers from advertising jobs as available only to H-1B workers.

The Innovation Employment Act is supported by Microsoft chairman, Bill Gates. He said America provided the world's best universities and yet foreign students were not allowed to stay and work in the country. The legislation would allow access to the best talent available from all over the world. Microsoft believe that the bill would increase U.S jobs; Microsoft hires four local people to support each H-1B worker.

The proposed Act would be a step in the right direction to control outsourcing and keep jobs home. Many proponents believe that the proposed Act can be beneficial to our economy. It keeps foreign talent in the US so they don't leave to competing countries, where jobs follow them. It is no secrete that large companies have relocated some of its operation overseas to seek talent unavailable in the US. Microsoft has moved certain branches to India, Canada & Mexico.

Continue reading "H-1B Legislation Getting Some Attention" »