News Update - January 9, 2008

By Alan Lee, Esq.

Immigration and the Economy in Presidential Politics - Why H-1B visas should be a Primary Concern

Republicans and Democrats seem to have shelved any talk of immigration reform following defeat of the Comprehensive Immigration Reform legislation in 2007. However, with the economy alternatively booming or heading for recession depending on what you read from varying “experts,” immigration policy must soon again come into the spotlight. There is not much doubt (except from some “nativists” and isolationists”) that the U.S. economy is dependent upon foreign labor in many fields, especially the sciences. However, discussion or media coverage of the H-1B nonimmigrant program which provides much of the alien high skilled talent has been scarce. A New York Times review of Presidential candidates’ positions on immigration and other issues focused on earned legalization and border security but not visa policy. (NYT 12/30/07, 3 articles)

Lost in the rhetoric on immigration and illegal immigrants is the requisite attention to the woefully inadequate H-1B visa quota. The lack of enough of these visas damages the American economy. Last year, the first day to apply for an H-1B visa was April 1st and it turned out to really be an April Fools day with the quota of 65,000 new H-1B visas (including 6,800 set aside for Singapore and Chile) exhausted on the 1st day. The 20,000 remaining H-1B visas for those holding master’s degrees were expended in relatively short time as well. In the mid 1990s, the cap on H-1B visas went as high as 195,000 and not all were used. This evidences that there is a market control on the use of these visas. There are also controls on abuse of the program in the form of stringent penalties and increased cost borne directly by the employer. It has become expensive for an employer to apply for an H-1B visa with serious penalties for violations and especially for willful violations. It is incumbent for our Congress and those seeking the Presidency to speak clearly on immigration matters and entertain new positive thought such as an idea espoused by Diana Furchtgott-Roth, a former Chief Economist at the U.S. Department of Labor, in her New York Sun opinion piece “Desperately Seeking Visas” (1/2/2008), to allow the Department of Labor to decide on its own the number of work permits and temporary visas issued per calendar quarter. Provided security and U.S. worker protection protocols are followed, limiting the bureaucracy and increasing the efficiency of the process and availability of these useful visas is a goal that needs to be achieved.

If candidates are going to speak in generalities about immigration or tiptoe around immigration issues, at the very least the need for an increase in H-1B visa numbers or the complete removal of the cap is an area where candidates should make specific statements.

Most political pundits do not believe any significant immigration reform will occur until a new President is sworn into office. However, there is a chance to do some good by contacting your Representatives and Senators and urging that the H-1B visa cap be increased or eliminated. You may use the link on our home page as provided by the American Immigration Lawyers’ Association. The hoary adage “What is good for business is good for the country” was never more appropriate.

 


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2008 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
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